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Posted June 4, 2004

 

State Casino Taxes

 

Casino taxes are a type of entertainment tax with substantial revenue potential. Although Nevada and Atlantic City have had casino gambling for years, the phenomenon is now proliferating across the country and casino gaming has become one of the fastest growing businesses in the recreation and entertainment sector. Currently, 13 states generate revenues from taxes on casino gaming. Indian Casinos, which are not subject to state taxation, are currently authorized in 27 states. Seven states (Arizona, California, Connecticut, Michigan, New Mexico, New York and Wisconsin) have tribal revenue sharing agreements.

Colorado, Illinois, Indiana, Iowa, Louisiana and Mississippi impose casino taxes on a sliding scale with rates ranging from .25 percent to 700 percent of adjusted gross proceeds. Illinois, Indiana and Missouri all impose a 20 percent tax on riverboat casinos and other states impose a flat tax on gambling revenues with rates ranging from 8 percent in South Dakota and New Jersey to 25 percent in Connecticut. The following table contains more detail.




STATE


CASINO TAX


USE OF REVENUE

Colorado Casino tax:
  • 0.25% tax on $0 - $2 million in adjusted gross proceeds (AGP)
  • 2% tax on $2 - $4 million in AGP
  • 4% tax on $4 - $5 million in AGP
  • 11% tax on $5 - $10 million in AGP
  • 16% tax on $10 - $15 million in AGP
  • 20% tax on AGP above $15 million
  • 28% to the Colorado Historical Society for historical preservations grants
  • 12% to Gilpin and Teller County governments, in proportion to the gaming revenues generated in the respective counties
  • 10% to the city governments of Black Hawk, Central City and Cripple Creek in proportion to the gaming revenues generated in each
  • 0.2% to the Colorado Travel and Tourism Promotion Fund
  • 49.8% to the state general fund, of which the following are designated: 2% to the Municipal Impact Fund for the cities of Woodland Park and Victor; at least 11% to the Local Government Limited Gaming Impact Fund; and an amount to be determined annually to the Colorado Department of Transportation.
Connecticut Casino revenue sharing agreement: two tribal casinos pay a combined total of 25% of their slot machine revenues or $80 million, whichever is greater. General revenue fund and local governments.
Illinois Riverboat gambling—admissions tax: $4 per person at facilities that admitted 2.3 million or fewer persons in the previous year and $5 per person for larger facilities.

Riverboat gambling—wagering tax:
  • 15% of adjusted gross receipts up to and including $25 million
  • 27.5% of adjusted gross receipts in excess of $25 million but not exceeding $37.5 million.
  • 32.5% of adjusted gross receipts in excess of $37.5 million but not exceeding $50 million.
  • 37.5% of adjusted gross receipts in excess of $50 million but not exceeding $75 million.
  • 45% of adjusted gross receipts in excess of $75 million but not exceeding $100 million.
  • 50% of adjusted gross receipts in excess of $100 million but not exceeding $250 million.
  • 70% of adjusted gross receipts in excess of $250 million.
Local governments and the state education assistance fund.

Each local government that serves as a host community for a casino licensee receives a share of gaming taxes in an amount equal to 5 percent of the adjusted gross revenue and one-half of the admission tax attributable to the licensee within its jurisdiction.

Indiana Riverboat gambling—admissions tax for dockside and cruising boats: $3 per person


Riverboat gambling—wagering tax for dockside boats:
  • 15% of the first $25 million of adjusted gross receipts
  • 20% of adjusted gross receipts in excess of $25 million but not exceeding $50 million
  • 25% of adjusted gross receipts in excess of $50 million but not exceeding $75 million
  • 30% of adjusted gross receipts in excess of $75 million but not exceeding $150 million
  • 35% of all adjusted gross receipts in excess of $150 million
Riverboat gambling—wagering tax for cruising boats:
  • 22.5% of adjusted gross receipts
Admissions tax:
  • $1 to the city where the riverboat is docked
  • $1 to the county where the riverboat is docked
  • $0.10 to the county tourism promotion fund
  • $0.15 to the state fair commission
  • $0.10 to the division of mental health
  • $0.65 to the state horse racing commission.
  • Riverboats operating on Patoka Lake have separate revenue distribution provisions.
Wagering tax:
  • 25% to the riverboats’ home cities and counties, up to $33 million (the total local distribution level for 2002)
  • 75% to the property tax replacement fund and the Build Indiana Fund lottery and gaming surplus account.
Iowa Excursion boat gambling—admission fee: The state imposes an admissions tax of $0.50 and cities and counties are each authorized to impose an admissions tax of $0.50.

Excursion boat gambling—wagering tax:
  • 5% on the first $1 million of adjusted gross receipts
  • 10% on the next $2 million of adjusted gross receipts
  • 20% on remaining adjusted gross receipts for riverboats
  • One-half of one percent (0.005%) of adjusted gross receipts to the city from which the gambling excursion originated
  • Another one-half of one percent (0.005%) to the county in which the gambling excursion originated
  • 0.003% to the Gamblers Assistance Fund
  • The remainder goes to the state general fund
Louisiana Riverboat gaming—wagering tax:
  • Shreveport-based boats are phasing from 18.5% up to 21.5% on net proceeds.
  • Bally’s boat in New Orleans:
    • 18.5% up to $6 million on monthly net proceeds
    • 20.5% from $6-8 million of monthly net proceeds
    • 21.5% over $8 million of monthly net proceeds
Riverboat admissions fee—local option: up to $2.50 or $3 per person, depending on the parish.

New Orleans land-based casino tax:
  • 21.5% of net revenues or $50 million, whichever is greater
Riverboats:
  • 9% of state revenues go to an education fund for teacher salaries/pay raises
  • 1% of state revenues go to a compulsive gambling program
  • Remaining state revenues go to the general fund for gambling enforcement
Land-based casino:
  • All state revenues go to the education fund for teacher salaries/pay raises.

Local government revenue allocations are determined by Louisiana Revised Statutes Title 27, section 93.

Michigan Casino wagering tax: 18% of gross revenues.

Municipal service fee: casinos also required to pay the greater of 1.25% of gross revenue or $4 million.
Forty-five percent to the state school aid fund and 55 percent to the city where casino is located for public safety and economic development.
Mississippi Riverboat gaming—wagering license fee:
  • 4% on the first $50,000 of monthly gross revenue
  • 6% on the next $84,000 of monthly gross revenue
  • 8% on all monthly gross revenue more than $134,000
  • A city or county may impose a license fee of 0.4% to 0.6% to 0.8% along the same monthly gross revenue scale as above. Many local governments also impose an additional 3.2% tax on monthly gross revenue.
  • $3 million or 25%, whichever is greater, of the state monthly revenue share goes to retire bonds until 2012.
  • Any amount in excess of $3 million but less than 25% goes to the state Highway Fund until 2012.
  • The remainder goes to the state general fund. All of the state revenues go to the general fund after 2012.
Missouri Riverboat gambling—admissions fee: $2 per person

Riverboat gambling—wagering tax: 20% of adjusted gross receipts
Admissions fee:
  • $1 to the state gaming commission; $0.01 of this goes to the compulsive gamblers treatment fund
  • $1 to the home dock city or county

Wagering tax:
  • 10% of the adjusted gross receipts revenues go to local governments
  • The state share of adjusted gross receipts go to an education fund
Nevada License fees: imposed at both state and local level. County license fees range from $10 to $50 per month. State monthly license fees range from 3% to 6.25% of gross revenues. Annual state license fees range from $100 to $6,000 per year depending on size of the establishment. An additional $80 fee peer slot machine is imposed annually for an unrestricted state license. A restricted quarterly state license fee ranges from $45 per machine to $225 plus $90 per machine.

Slot machine tax: annual fee of $250 imposed on each machine.

Casino entertainment tax: 10% of amounts paid for admission, food, refreshments and merchandise.
Local governments and state general fund.
New Jersey License fees: initial fee can not be less than $200,000, annual renewal fee can not be less than $100,000. Slot machine license fees are $500.

Gambling tax: an 8% tax on casino gross revenues is imposed.

Investment alternative tax: A 2.5% investment alternative tax is imposed on the gross revenues of casino licensees.

Miscellaneous casino taxes: a 4.25 percent tax on the value of casino complimentaries, specifically entertainment, rooms, food and beverages provided at no or reduced prices to patrons.

An 8 percent gross revenue tax on companies that conduct multi-casino progressive slot machines.

A 7.5 percent tax on the calendar year 2002 adjusted net income of a casino (for fiscal years 2004 – 2006 only).

A $3 per day occupancy fee on each hotel room in a casino hotel that is occupied by a guest as a complimentary item.
Casino revenue funds provide financial assistance to the elderly and disabled.
Puerto Rico Taxes are imposed on slot machine revenues.
  • 34% to hotels
  • 20% to the University
  • 20% to education
  • 9% to economic development
  • 17% to tourism
South Dakota Gaming tax: 8% is imposed on adjusted gross proceeds. Up to $6.8 million in annual revenues:
  • 40% to tourism promotion
  • 10% to Lawrence County
  • Repayment of expenses to operate the gaming commission
  • $100,000 to a historic preservation loan program
  • Remainder to the City of Deadwood for its historic preservation fund.

Above $6.8 million in revenues:
  • 70% to state general fund
  • 30% to Lawrence County, its school districts and the City of Deadwood.

Source: National Conference of State Legislatures survey of Commerce Clearing House summary of state tax laws, 2004.

NOTE: A number of other states have tribal casinos that have no financial obligation to the state other than to reimburse any regulatory costs incurred on the part of state government.


For more information please contact:

Mandy Rafool
Program Principal
NCSL Fiscal Affairs
econ-info@ncsl.org
303-364-7700 ext. 1506
Ian Pulsipher
NCSL Fiscal Affairs
econ-info@ncsl.org
303-364-7700 ext. 1649


 

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