reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 13 - General › Chapter 04 - Disposal of Waste Tires › Section 35-4-13-04-207

Current through June 25, 2024
For purposes of this rule, "motor vehicle leasing dealers"
					 are considered consumers of tires purchased for use on rental or lease motor
					 vehicles.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 13 - General › Chapter 04 - Disposal of Waste Tires › Section 35-4-13-04-208 - Wholesaler

Current through June 25, 2024
"Wholesaler" shall apply to a person making wholesale
					 sales of new motor vehicle tires to tire retailers for
					 resale.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 13 - General › Chapter 04 - Disposal of Waste Tires › Section 35-4-13-04-209 - Wholesale sale

Current through June 25, 2024
"Wholesale sale" shall mean sales of new motor vehicle
					 tires to a tire retailer or a tire wholesaler for resale.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 13 - General › Chapter 04 - Disposal of Waste Tires › Section 35-4-13-04-301

Current through June 25, 2024
The fee imposed, less five percent (5%) of fees collected
					 or accrued, which shall be retained by the tire wholesaler as collection costs,
					 shall be reported and paid to the Department of Revenue electronically through
					 TAP using the Tire Disposal Fee return. The return with remittance is due and
					 payable on or before the twentieth day of the month next succeeding the close
					 of the period in which the fee accrues. This fee is not to be reported on the
					 sales tax return.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 13 - General › Chapter 04 - Disposal of Waste Tires › Section 35-4-13-04-105

Current through June 25, 2024
For purposes of this rule, "motor vehicle leasing dealers"
					 are considered consumers of tires purchased for use on rental or lease motor
					 vehicles.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 13 - General › Chapter 05 - Auctions, Flea Markets, Antique Malls and Other Similar Establishments › Section 35-4-13-05-101

Current through June 25, 2024
An Auctioneer is a person who owns tangible personal
					 property or to whom tangible personal property has been consigned and who
					 offers tangible personal property for sale at auction.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 13 - General › Chapter 05 - Auctions, Flea Markets, Antique Malls and Other Similar Establishments › Section 35-4-13-05-102

Current through June 25, 2024
For the purpose of an auction, gross proceeds of sales are
					 the total amount received without any deductions for
					 commissions.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 13 - General › Chapter 05 - Auctions, Flea Markets, Antique Malls and Other Similar Establishments › Section 35-4-13-05-103

Current through June 25, 2024
Auctioneers either operating from an established place of
					 business or regularly engaged in auctions or licensed as an auctioneer with the
					 State of Mississippi or any other state are considered to be in the business of
					 selling tangible personal property. Sales tax is due on the gross receipts from
					 such sales regardless of how such tangible personal property may have been
					 acquired, or by whom it may be owned.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 13 - General › Chapter 05 - Auctions, Flea Markets, Antique Malls and Other Similar Establishments › Section 35-4-13-05-104

Current through June 25, 2024
Persons or entities operating from an established place of
					 business or regularly engaged in operating Estate Sales are considered to be in
					 the business of selling tangible personal property. Sales tax is due on the
					 gross receipts from such Estate Sales regardless of how such tangible personal
					 property may have been acquired, or by whom it may be owned.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 13 - General › Chapter 05 - Auctions, Flea Markets, Antique Malls and Other Similar Establishments › Section 35-4-13-05-105

Current through June 25, 2024
In cases where inventory items held for sale are auctioned
					 at the closure of a business, sales taxes due from the sales of such items are
					 reported through the sales tax account of the business and not by the
					 auctioneer.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 13 - General › Chapter 05 - Auctions, Flea Markets, Antique Malls and Other Similar Establishments › Section 35-4-13-05-106

Current through June 25, 2024
An auctioneer, unless meeting the requirements for a
					 dealer and Designated Agent, will not be responsible for collecting sales tax
					 on motor vehicles sold through the auction. Under Miss. Code Ann. Section
					 27-65-201,
					 motor vehicles sold between non-dealers are subject to a 5% casual sales tax.
					 The county tax collector for the county, in which the motor vehicle will be
					 registered, is responsible for collecting this tax unless a dealer is involved
					 in the transaction. If a dealer is involved in the transaction, the dealer is
					 responsible for collecting and remitting the appropriate sales
					 tax.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 13 - General › Chapter 05 - Auctions, Flea Markets, Antique Malls and Other Similar Establishments › Section 35-4-13-05-201

Current through June 25, 2024
Flea Markets and Antiques Malls are businesses where
					 nonpermanent spaces are rented to participants for the sale or exchange of
					 secondhand articles, antiques and crafts. The participants may rent these
					 nonpermanent spaces on a daily, weekly or monthly basis. A fee may or may not
					 be charged to prospective buyers for admission to the area where such property
					 is offered or displayed for sale or exchange.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 13 - General › Chapter 05 - Auctions, Flea Markets, Antique Malls and Other Similar Establishments › Section 35-4-13-05-202

Current through June 25, 2024
Promoted Events include, but are not limited to, community
					 festivals, craft shows, seasonal shows, music festivals, and other similar
					 events. These events may include multiple vendors selling tangible personal
					 property, including food or drink.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 13 - General › Chapter 05 - Auctions, Flea Markets, Antique Malls and Other Similar Establishments › Section 35-4-13-05-203

Current through June 25, 2024
The owner/promoter/operator of a flea market, antique mall
					 or promoted event is the seller and is responsible for collecting and remitting
					 the sales tax collected by dealers, salespersons or individuals selling at such
					 events. Any vendor who holds a retail sales tax permit should not report tax
					 from an event under his/her number. All taxes collected from these
					 establishments or events must be reported by the
					 owner/promoter/operator.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 4 - Sales and Use Tax › Subpart 13 - General › Chapter 05 - Auctions, Flea Markets, Antique Malls and Other Similar Establishments › Section 35-4-13-05-301

Current through June 25, 2024
The consignee or broker (licensed retailer or wholesaler)
					 is liable for the sales tax on sales of tangible personal property that was
					 consigned, delivered or entrusted to him regardless if the broker or consignee
					 acquires possession or if the consignor retains title or not.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 01 - General › Chapter 01 - Authority of the Department of Revenue › Section 35-5-01-01-100

Current through June 25, 2024
The Commissioner of the Department of Revenue, or his
					 designee, pursuant to Section
					 75-76-81
					 of the Gaming Control Act, shall have the authority to:
1. Conduct periodic audits or reviews of the
				  books and records of licensees;
2.
				  Review the accounting methods and procedures used by licensees;
3. Review and observe methods and procedures
				  used by licensees to count and handle cash, chips, tokens, negotiable
				  instruments, and credit instruments;
4. Examine all accounting and bookkeeping
				  records and ledger accounts of the licensee or a person controlling, controlled
				  by, or under common control with the licensee;
5. Examine the books and records of any
				  licensee when conditions indicate the need for such action or upon the request
				  of the Gaming Commission; and
6.
				  Investigate each licensee's compliance with the Gaming Control Act and other
				  regulations as it relates to taxes, internal controls or auditing
				  procedures.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 01 - General › Chapter 02 - Records › Section 35-5-01-02-100

Current through June 25, 2024
Under authority of Miss. Code Ann. Sections
					 75-76-81
					 and
					 27-65-43,
					 it is the duty of every taxpayer, or gaming licensee, in such manner as the
					 Commissioner of Revenue may approve or require, to keep accurate, complete,
					 legible, and permanent records of all transactions pertaining to revenue that
					 is taxable or subject to fees. Records must be supported by source documents.
					 The Commissioner may require any information or records from computer
					 information systems on media common to those systems.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 01 - General › Chapter 02 - Records › Section 35-5-01-02-102

Current through June 25, 2024
If a taxpayer, or gaming licensee, fails to keep the
					 records used by it to calculate gross gaming revenue, the Department may
					 compute and determine the amount of taxable revenue upon the basis of an audit
					 and upon the basis of any information within its possession, or upon
					 statistical analysis
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 01 - General › Chapter 02 - Records › Section 35-5-01-02-103

Current through June 25, 2024
When requested in writing, all records relating to gross
					 income and expenses shall be provided to the Commissioner of Revenue in a
					 reasonable and timely manner. In addition, any records or documents submitted
					 by the licensee to the Mississippi Gaming Commission shall be made available to
					 the Commissioner of Revenue or his authorized agent upon written
					 request.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 02 - Records › Chapter 01 - Bond Required › Section 35-5-02-01-100

Current through June 25, 2024
Before any applicant is licensed, he is required to enter
					 into a bond in an amount fixed by the Commissioner of the Department of
					 Revenue, payable to the State of Mississippi, conditioned upon the payment of
					 all license fees, taxes, penalties, interest or fines and the faithful
					 performance of all requirements imposed by law or regulation, or the conditions
					 of the license.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 02 - Records › Chapter 01 - Bond Required › Section 35-5-02-01-101

Current through June 25, 2024
An estimate will be made to calculate the amount for the
					 initial bond based on the expected tax payments to be made by the
					 taxpayer/licensee, but in no case shall the bond amount for the gaming licensee
					 be less than $250,000. The amount of the bond for each licensed manufacturer
					 and for each licensed distributor or seller shall not be less than $5,000. If a
					 person holds both a manufacturer's and a distributor's or seller's license, the
					 amount of the bond shall not be less than $10,000.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 02 - Records › Chapter 01 - Bond Required › Section 35-5-02-01-102

Current through June 25, 2024
The amount of the gaming licensee's bond shall be
					 calculated based upon the licensee's liability for two (2) weeks of all gaming
					 taxes, one (1) month sales tax, use tax and withholding tax liabilities, but in
					 no case shall the bond amount be less than $250,000. The amount of the
					 manufacturer's or distributor's bond shall be calculated based on any tax
					 liabilities due to the State of Mississippi for an average three (3) month
					 period. The bond amount will be reviewed once a year by the Commissioner or his
					 designated agent to determine if it is sufficient. The Commissioner will give
					 the taxpayer/licensee a sixty (60) day notice when they are required to
					 increase the amount of the bond.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 02 - Records › Chapter 01 - Bond Required › Section 35-5-02-01-103

Current through June 25, 2024
Such bond shall be made in a surety company authorized to
					 do business in the State of Mississippi and shall be approved by the
					 Commissioner. The Commissioner shall be authorized to institute suit in the
					 proper court on said bond for any violations of the conditions of said
					 bond.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 02 - Records › Chapter 01 - Bond Required › Section 35-5-02-01-104

Current through June 25, 2024
The replacement bond, or the continuation certificate
					 issued on the existing bond, must be received by the Commissioner no later than
					 ten days before the bond expiration date. The absence of a proper bond could
					 result in revocation of the gaming license.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 02 - Records › Chapter 01 - Bond Required › Section 35-5-02-01-105

Current through June 25, 2024
In lieu of the bond, an applicant may deposit with the
					 Department a secured financial instrument as authorized by the Department. The
					 security, provided in the form of a certificate of deposit, must state that the
					 amount is unavailable for withdrawal except upon order of the Commissioner of
					 the Department of Revenue.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 02 - Records › Chapter 02 - Due Dates of Gaming and License Fees › Section 35-5-02-02-100

Current through June 25, 2024
Taxes and fees required under the Mississippi Gaming
					 Control Act, and other local government gaming taxes and license fees which are
					 collected by the Department of Revenue (Department), and all reports relating
					 thereto must be received by the Department not later than the due date
					 specified by law or regulation, and in accordance with the Department of
					 Revenue Rules for Administration of Mississippi Code 27-3-81 which authorizes
					 the Department to require certain taxpayers to remit taxes by electronic
					 transfer of funds. All other gaming tax or fee payments shall be timely filed
					 if received by the Department, on or before the due date as prescribed by law
					 or regulation.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 02 - Records › Chapter 02 - Due Dates of Gaming and License Fees › Section 35-5-02-02-101

Current through June 25, 2024
The final return for the fees or taxes upon gross revenues,
					 which includes all municipal or county fees, is due on the 20th day of the
					 month following the month in which the tax accrues. This return shall be a
					 reconciliation of weekly reports and prepayments or deposits made by the
					 licensee.
1. A weekly report shall be
				  made to the Department which identifies all gross revenues from slot machines,
				  table games and card games and all other gaming revenue for the week which
				  shall begin Sunday and end on Saturday. A prepayment or deposit of the fees and
				  taxes due for the week must be included with the report. The report and the fee
				  deposit must be received by the Department no later than 5:00 p.m. Friday of
				  the following week.
2. When a
				  month's end falls within a week, the licensee shall prepare a weekly report
				  through the last day of the month, and another report beginning the first day
				  of the month. The licensee may remit his prepayments for the partial weeks
				  together through the electronic funds transfer. Penalty and interest will be
				  due on any deposits and/or reports not received by Friday of the following
				  week.
3. The licensee's
				  reconciliation return for the month should indicate any corrections for the
				  weekly reports and provide final gross revenue figures for the month. If the
				  licensee has underpaid his tax, the licensee is required to remit the
				  additional tax with the return. No interest or penalty will be due on the
				  additional payment provided that the return is filed timely and that the total
				  additional payment does not exceed 5% of the total liability for the
				  month.
4. If the licensee has
				  overpaid his tax, then he will be allowed to take credit for that overpayment.
				  The Department will provide a letter of credit to the licensee to be attached
				  to his report or return as verification of the credit amount.
5. If a licensee fails to report his weekly
				  earnings and remit his weekly deposit at the time provided, the Department
				  shall issue a jeopardy assessment and warrant following administrative
				  procedures as provided for by Miss. Code Ann. Sections
				  75-76-81,
				  27-65-61,
				  27-65-63
				  and
				  27-65-65.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 02 - Records › Chapter 02 - Due Dates of Gaming and License Fees › Section 35-5-02-02-102

Current through June 25, 2024
The application fee of $5,000 for a license to conduct
					 gaming is to be paid to the Department on or before filing an application, and
					 every three (3) years thereafter.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 02 - Records › Chapter 02 - Due Dates of Gaming and License Fees › Section 35-5-02-02-103

Current through June 25, 2024
The license fee of $5,000 shall be paid to the Department
					 within ten (10) days of the issuance of the gaming license by the Gaming
					 Commission, and annually thereafter on the original anniversary date of that
					 license.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 02 - Records › Chapter 02 - Due Dates of Gaming and License Fees › Section 35-5-02-02-104

Current through June 25, 2024
The license fee determined by the number of games, and any
					 local fee determined by the number of games, is to be paid by the applicant for
					 a state gaming license on or before filing an application. These fees are to be
					 paid annually thereafter for continuation of the gaming license and shall be
					 due on the original anniversary date of the issuance of the
					 license.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 02 - Records › Chapter 02 - Due Dates of Gaming and License Fees › Section 35-5-02-02-105

Current through June 25, 2024
If new games are added after the annual license fee based
					 on the number of games has been reported and paid, a supplemental report shall
					 be filed and the additional fee shall be paid before putting the new games into
					 play. The additional fee paid for a period less than twelve (12) months shall
					 be the proportionate amount of the annual license fee that the number of months
					 remaining bears to twelve (12) months.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 02 - Records › Chapter 02 - Due Dates of Gaming and License Fees › Section 35-5-02-02-106

Current through June 25, 2024
At the receipt of the gaming license fees due by the
					 applicant, the Department shall notify the Executive Director of the Gaming
					 Commission that the fee has been paid and the amount paid.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 02 - Records › Chapter 03 - Distribution of Local Government Fee › Section 35-5-02-03-100

Current through June 25, 2024
This regulation is to prescribe the method that will be
					 used to determine the pro rata portion of tax revenues, collected under the
					 authority of Miss. Code Ann. Section
					 75-76-195,
					 which will be forwarded to the counties and municipalities in the event a
					 municipality annexes previously unincorporated territory. This methodology
					 would also apply if a municipality contracts its corporate
					 limits.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 02 - Records › Chapter 03 - Distribution of Local Government Fee › Section 35-5-02-03-101

Current through June 25, 2024
Miss. Code Ann. Section
					 75-76-197
					 requires that the Local Government Fee collected under the provisions of Miss.
					 Code Ann. Section
					 75-76-195
					 be distributed as follows:
1. If the
				  licensed gaming establishment is not located within an incorporated
				  municipality, then the entire proceeds of the tax received shall be forwarded
				  to the county in which the establishment is located.
2. If the licensed gaming establishment is
				  located within an incorporated municipality, then the proceeds of the tax
				  received shall be forwarded to the municipality in the proportion that the
				  population of the municipal corporation bears to the entire population of the
				  county, and to the county in proportion to the population of the county outside
				  of the municipal corporation bears to the entire population of the county. The
				  populations for the municipality and for the county shall be determined by the
				  most recent federal census.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 02 - Records › Chapter 03 - Distribution of Local Government Fee › Section 35-5-02-03-102

Current through June 25, 2024
When an incorporated municipality extends its boundaries
					 through annexation of unincorporated territory thereby increasing the
					 population of the incorporated municipality, then such municipality may
					 petition the Commissioner requesting that he amend the tax computation to
					 reflect the population growth resulting from the annexation according to the
					 population figures for the annexed area contained in the most recent federal
					 census. The municipality must provide to the Commissioner a statement from the
					 United States Department of the Census providing the post annexation population
					 results. The municipality must also provide to the Commissioner a certified
					 copy of the decree that ratifies, approves and confirms the annexation as filed
					 with the Secretary of State.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 02 - Records › Chapter 03 - Distribution of Local Government Fee › Section 35-5-02-03-103

Current through June 25, 2024
The Commissioner shall recalculate the percentages and
					 shall use the revised percentages to determine the tax to be returned to the
					 municipality and to the county and which revised calculations shall become
					 effective the first day of the month, but no less than thirty (30) days,
					 following notification to the Commissioner and provision of the required
					 documentation.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 02 - Records › Chapter 03 - Distribution of Local Government Fee › Section 35-5-02-03-104

Current through June 25, 2024
At the time of enactment of this regulation, the effective
					 date for establishment of the revised calculation for any municipality which
					 has petitioned the Commissioner and has provided the required documentation,
					 shall be the first day of the month following final approval and adoption of
					 this regulation.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 03 - Administrative › Chapter 01 - Financial Statements and Annual Audit › Section 35-5-03-01-100

Current through June 25, 2024
Each licensee shall prepare financial statements covering
					 all financial activities of the licensee's establishment for each business
					 year. If the licensee or a person controlling, controlled by, or under common
					 control with the licensee owns or operates room, food, or beverage facilities,
					 the financial statement must cover those operations as well as gaming
					 operations.
1. Licensees shall submit
				  the financial statements to the State Tax Commission not later than three
				  months following the end of the business year covered by the statement. Each
				  financial statement must be signed by the licensee who thereby attests to the
				  completeness and accuracy of the statement.
2. In the event of a license termination,
				  change in the business entity, or a change in the percentage of ownership of
				  more than twenty percent, the licensee or former licensee shall, not later than
				  three months after the event, submit to the chairman a financial statement
				  covering the period since the period covered by the previous financial
				  statement.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 03 - Administrative › Chapter 01 - Financial Statements and Annual Audit › Section 35-5-03-01-102

Current through June 25, 2024
Each licensee shall furnish to the chairman, upon written
					 request, statistical and financial data for the purpose of compiling,
					 evaluating, and disseminating financial information regarding the economics and
					 trends within the gaming industry.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 03 - Administrative › Chapter 01 - Financial Statements and Annual Audit › Section 35-5-03-01-103

Current through June 25, 2024
Each licensee must submit an audit report of its financial
					 statements to the State Tax Commission each year. This audit must be performed
					 by an independent accountant who holds a permit to practice public accounting
					 in the State of Mississippi.
1. The
				  independent accountant, through the licensee, must submit an audit report which
				  expresses an unqualified or qualified opinion, or disclaim an opinion on the
				  statements taken as a whole in accordance with standards for the accounting
				  profession established by rules and regulations of the Mississippi State Board
				  of Public Accountancy.
2. The
				  preparation of statement without audit does not constitute compliance. The
				  examination and audit must disclose whether the accounts, records and control
				  procedures maintained by the licensee are as required by the regulations
				  promulgated by the State Tax Commission.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 03 - Administrative › Chapter 01 - Financial Statements and Annual Audit › Section 35-5-03-01-104

Current through June 25, 2024
The licensee shall submit to the State Tax Commission its
					 audited statements no later than three months after the last day of the
					 licensee's business year. If the license of a licensee is terminated within
					 three months of a period covered by an audit, the licensee may submit compiled
					 statements in lieu of the additional audited statement for the licensee's final
					 period of business.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 03 - Administrative › Chapter 01 - Financial Statements and Annual Audit › Section 35-5-03-01-105

Current through June 25, 2024
If a licensee changes its business year, the licensee
					 shall prepare and submit to the State Tax Commission audited financial
					 statements covering the period from the end of the previous business year to
					 the beginning of the new business year no later than three months from the end
					 of such period.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 03 - Administrative › Chapter 01 - Financial Statements and Annual Audit › Section 35-5-03-01-106

Current through June 25, 2024
All reports which directly relate to the independent
					 accountant's examination of the licensee's financial statements must be
					 submitted within three months after the end of the licensee's business
					 year.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 03 - Administrative › Chapter 01 - Financial Statements and Annual Audit › Section 35-5-03-01-107

Current through June 25, 2024
The chairman, or his designee, may request additional
					 information and documents from either the licensee or the licensee's
					 independent accountant, through the licensee, regarding the financial
					 statements or the services performed by the accountant.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 03 - Administrative › Chapter 01 - Financial Statements and Annual Audit › Section 35-5-03-01-108

Current through June 25, 2024
The licensee is responsible for the payment of all costs
					 and fees generated by any audit required by the commission. Failure to pay such
					 costs and fees may result in revocation of the license.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 03 - Administrative › Chapter 02 - Bond Required › Section 35-5-03-02-100

Current through June 25, 2024
Before any applicant is licensed, he is required to enter
					 into a bond in an amount fixed by the Chairman of the MSTC, payable to the
					 State of Mississippi, conditioned upon the payment of all license fees, taxes,
					 penalties, interest or fines and the faithful performance of all requirements
					 imposed by law or regulation, or the conditions of the
					 license.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 03 - Administrative › Chapter 02 - Bond Required › Section 35-5-03-02-101

Current through June 25, 2024
An estimate will be made to calculate the amount for the
					 initial bond based on the expected tax payments to be made by the
					 taxpayer/licensee, but in no case shall the bond amount for the gaming licensee
					 be less than $250,000.00. The amount of the bond for each licensed manufacturer
					 and for each licensed distributor or seller shall not be less than $5,000.00.
					 If a person holds both a manufacturer's and a distributor's or seller's
					 license, the amount of the bond shall not be less than
					 $10,000.00.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 03 - Administrative › Chapter 02 - Bond Required › Section 35-5-03-02-102

Current through June 25, 2024
The amount of the gaming licensee's bond shall be
					 calculated based upon the licensee's liability for two (2) weeks of all gaming
					 taxes, one (1) month sales tax, use tax and withholding tax liabilities, but in
					 no case shall the bond amount be less than $250,000. The amount of the
					 manufacturer's or distributor's bond shall be calculated based on any tax
					 liabilities due to the State of Mississippi for an average three (3) month
					 period.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 03 - Administrative › Chapter 02 - Bond Required › Section 35-5-03-02-103

Current through June 25, 2024
Such bond shall be made in a surety company authorized to
					 do business in the State of Mississippi and shall be approved by the Chairman.
					 The chairman shall be authorized to institute suit in the proper court on said
					 bond for any violations of the conditions of said bond.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 03 - Administrative › Chapter 02 - Bond Required › Section 35-5-03-02-104

Current through June 25, 2024
The replacement bond, or the continuation certificate
					 issued on the existing bond, must be received by the chairman no later than ten
					 days before the bond expiration date. The absence of a proper bond could result
					 in revocation of the gaming license.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 03 - Administrative › Chapter 02 - Bond Required › Section 35-5-03-02-105

Current through June 25, 2024
In lieu of the bond, an applicant may deposit with the
					 State Tax Commission a secured financial instrument as authorized by the State
					 Tax Commission. The security, provided in the form of a certificate of deposit,
					 must state that the amount is unavailable for withdrawal except upon order of
					 the Chairman of the State Tax Commission.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 03 - Administrative › Chapter 02 - Bond Required › Section 35-5-03-02-106

Current through June 25, 2024
The bond amount will be reviewed periodically by the
					 Chairman or his designated agent to determine if it is sufficient. The
					 taxpayer/licensee will be given 60 days notice by the Chairman if he will be
					 required to increase the amount of the bond.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 03 - Administrative › Chapter 03 - Due Dates of Gaming and License Fees › Section 35-5-03-03-100

Current through June 25, 2024
Taxes and fees required under the Mississippi Gaming
					 Control Act, and other local government gaming taxes and license fees which are
					 collected by the MSTC, and all reports relating thereto must be received by the
					 State Tax Commission not later than the due date specified by law or
					 regulation, and in accordance with the State Tax Commission Rules for
					 Administration of Mississippi Code 27-3-81 which authorizes the State Tax
					 Commission to require certain taxpayers to remit taxes by electronic transfer
					 of funds. All other gaming tax or fee payments shall be timely filed if
received
by the State Tax Commission offices in Jackson,
					 Mississippi,
on or before
the due date as prescribed by law or
					 regulation.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 03 - Administrative › Chapter 03 - Due Dates of Gaming and License Fees › Section 35-5-03-03-101

Current through June 25, 2024
The final return for the fees or taxes upon gross
					 revenues, which includes all municipal or county fees, is due on the 20th day
					 of the month following the month in which the tax accrues. This return shall be
					 a reconciliation of weekly reports and prepayments or deposits made by the
					 licensee.
1. A weekly report shall be
				  made to the MSTC which identifies all gross revenues from slot machines, table
				  games and card games and all other gaming revenue for the week which shall
				  begin Sunday and end on Saturday. A prepayment or deposit of the fees and taxes
				  due for the week must be included with the report. The report and the fee
				  deposit must be received by the State Tax Commission no later than 5:00 p.m.
				  Friday of the following week.
2.
				  When a month's end falls within a week, the licensee shall prepare a weekly
				  report through the last day of the month, and another report beginning the
				  first day of the month. The licensee may remit his prepayments for the partial
				  weeks together through the electronic funds transfer. Penalty and interest will
				  be due on any deposits and/or reports not received by Friday of the following
				  week.
3. The licensee's
				  reconciliation return for the month should indicate any corrections for the
				  weekly reports and provide final gross revenue figures for the month. If the
				  licensee has underpaid his tax, the licensee is required to remit the
				  additional tax with the return. No interest or penalty will be due on the
				  additional payment provided that the return is filed timely and that the total
				  additional payment does not exceed 5% of the total liability for the
				  month.
4. If the licensee has
				  overpaid his tax, then he will be allowed to take credit for that overpayment.
				  The MSTC will provide a letter of credit to the licensee to be attached to his
				  report or return as verification of the credit amount.
5. If a licensee fails to report his weekly
				  earnings and remit his weekly deposit at the time provided, the State Tax
				  Commission shall issue a jeopardy assessment and warrant following
				  administrative procedures as provided for by Sections
				  75-76-81,
				  27-65-61,
				  27-65-63
				  and
				  27-65-65,
				  Mississippi Code of 1972.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 03 - Administrative › Chapter 03 - Due Dates of Gaming and License Fees › Section 35-5-03-03-102

Current through June 25, 2024
The application fee of $5,000.00 for a license to conduct
					 gaming is to be paid to the State Tax Commission on or before filing an
					 application.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 03 - Administrative › Chapter 03 - Due Dates of Gaming and License Fees › Section 35-5-03-03-103

Current through June 25, 2024
The license fee of $5,000.00 shall be paid to the State
					 Tax Commission within ten days of the issuance of the gaming license by the
					 Gaming Commission, and annually thereafter on the original anniversary date of
					 that license.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 03 - Administrative › Chapter 03 - Due Dates of Gaming and License Fees › Section 35-5-03-03-104

Current through June 25, 2024
The license fee determined by the number of games, and any
					 local fee determined by the number of games, is to be paid by the applicant for
					 a state gaming license on or before filing an application. These fees are to be
					 paid annually thereafter for continuation of the gaming license and shall be
					 due on the original anniversary date of the issuance of the
					 license.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 03 - Administrative › Chapter 03 - Due Dates of Gaming and License Fees › Section 35-5-03-03-105

Current through June 25, 2024
If new games are added after the annual license fee based
					 on the number of games has been reported and paid, a supplemental report shall
					 be filed and the additional fee shall be paid before putting those new games
					 into play. The additional fee paid for a period less than twelve months shall
					 be the proportionate amount of the annual license fee that the number of months
					 remaining bears to twelve months.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 03 - Administrative › Chapter 03 - Due Dates of Gaming and License Fees › Section 35-5-03-03-106

Current through June 25, 2024
At the receipt of the gaming license fees due by the
					 applicant, the State Tax Commission shall notify the Executive Director of the
					 Gaming Commission that the fee has been paid and the amount
					 paid.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 03 - Administrative › Chapter 04 - Penalties › Section 35-5-03-04-100

Current through June 25, 2024
Any applicant or licensee failing to pay any tax or fees
					 due at the times provided respectively, shall pay in addition to such license
					 fee or fees a penalty of not less than $50 or 25% of the amount due, whichever
					 is greater, but not more than $1,000.00 if the fees are less than ten days
					 late.
1. If the fees are ten or more
				  days late, the maximum penalty will be $5,000.00.
2. Failure to pay the penalties imposed by
				  the due date could result in closure of the establishment.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 03 - Administrative › Chapter 04 - Penalties › Section 35-5-03-04-101

Current through June 25, 2024
If the gross revenue fees or the municipal/county gross
					 revenue fees are later determined to be greater than the amount actually
					 reported and paid by the licensee, along with the additional license fee due,
					 the chairman will assess and collect interest at the rate of 1% per month until
					 paid, in addition to any other penalties or damages.
1. Failure to pay the fees imposed by the due
				  date could result in closure of the establishment.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 03 - Administrative › Chapter 04 - Penalties › Section 35-5-03-04-102

Current through June 25, 2024
Any person who willfully fails to report, pay or
					 truthfully account for and pay over any license fees imposed by the Gaming
					 Control Act, or willfully attempts in any manner to evade or defeat any such
					 tax or payment, or any licensee who puts additional games into play without the
					 authority of the Gaming Commission to do so or any licensee who fails to remit
					 any license fee provided by the Gaming Control Act when due is, in addition to
					 the amount due, liable for a penalty of the amount of the license fee evaded or
					 not paid, collected, or paid over.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 03 - Administrative › Chapter 05 - Investigative Costs, Fines or Other Assessments › Section 35-5-03-05-100

Current through June 25, 2024
The applicant for a state gaming license is required to
					 pay all or any part of the fees and costs of investigation of such applicant as
					 may be determined by the executive director of the Gaming Commission. These
					 costs shall be made payable to the State Tax Commission within thirty days of
					 written notice. However, the applicant for an initial license shall not be
					 required to pay any or any part of the costs of the investigation of the
					 applicant with regard to the initial license, except for direct "pass-through"
					 charges or fees, for example, the fingerprint charges to the
					 FBI.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 03 - Administrative › Chapter 05 - Investigative Costs, Fines or Other Assessments › Section 35-5-03-05-101

Current through June 25, 2024
Any fines or other assessments levied by the Mississippi
					 Gaming Commission or the executive director will be considered due and payable
					 thirty days after final determination of such fines or assessments and shall be
					 made to the State Tax Commission.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 03 - Administrative › Chapter 06 - Rights of Licensee to Request a Hearing › Section 35-5-03-06-100

Current through June 25, 2024
If any licensee feels aggrieved by an assessment of taxes
					 or fees made upon him by the chairman, he may apply to the State Tax Commission
					 Board of Review within ten days after the notice is mailed to him for a hearing
					 and a correction of the amount of tax assessed upon him. The Board shall notify
					 the licensee of the time and place fixed for the hearing.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 03 - Administrative › Chapter 06 - Rights of Licensee to Request a Hearing › Section 35-5-03-06-101

Current through June 25, 2024
At the hearing, the Board of Review shall try the issues
					 presented according to the law, the facts and within guidelines set by the
					 chairman.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 03 - Administrative › Chapter 06 - Rights of Licensee to Request a Hearing › Section 35-5-03-06-102

Current through June 25, 2024
The chairman of the Board of Review shall notify the
					 licensee of its determination, and if the Board of Review orders the payment of
					 tax or fees, the licensee shall pay the tax or fees, damages and interest, if
					 any, within ten days after the order is issued unless there is an application
					 for appeal to the State Tax Commission.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 03 - Administrative › Chapter 06 - Rights of Licensee to Request a Hearing › Section 35-5-03-06-103

Current through June 25, 2024
If the licensee feels aggrieved by the decision of the
					 Board of Review, he may apply in writing to the State Tax Commission, within
					 ten days after the notice is mailed to him, for a hearing and a correction of
					 the amount of tax or fees assessed upon him. The licensee should set forth in
					 his petition the reasons such a hearing should be granted and the amount in
					 which the tax or fees should be reduced. The State Tax Commission shall notify
					 the licensee of the time and place fixed for the hearing.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 03 - Administrative › Chapter 06 - Rights of Licensee to Request a Hearing › Section 35-5-03-06-104

Current through June 25, 2024
After the hearing, the State Tax Commission may make such
					 order in the matter as may appear to it just and lawful and shall furnish a
					 copy to the petitioner.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 03 - Administrative › Chapter 06 - Rights of Licensee to Request a Hearing › Section 35-5-03-06-105

Current through June 25, 2024
If the State Tax Commission orders payment of the tax, the
					 taxpayer shall pay the tax, damages and interest, if any, within ten days after
					 the order is issued.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 03 - Administrative › Chapter 06 - Rights of Licensee to Request a Hearing › Section 35-5-03-06-106

Current through June 25, 2024
Any licensee improperly charged with tax or fees and
					 required to pay the same, may recover the amount paid in any proper action or
					 suit against the chairman for the amount paid into the state treasury, or to a
					 representative of any municipality or county which has received any part of the
					 tax sought to be recovered. The chancery court of Hinds County or of the county
					 of the licensee's residence or place of business, shall have original
					 jurisdiction of any tax or fee improperly collected by the chairman. Such
					 appeal shall be taken within thirty days after the commission has entered the
					 order.
Mississippi Administrative Code › Title 35 - Department of Revenue › Part 5 - Gaming › Subpart 03 - Administrative › Chapter 06 - Rights of Licensee to Request a Hearing › Section 35-5-03-06-107

Current through June 25, 2024
The chancery court, or the supreme court of Mississippi on
					 appeal to it, shall decide all questions both as to legality and the amount of
					 tax or fees and enter its judgement.