Procedure for reporting, using, and paying gaming taxes and fees
Arkansas Constitution, Amendment 100, sec. 4
(a) Licensees conducting casino gambling under The Arkansas Casino Gaming Amendment of 2018, Arkansas Constitution, Amendment 100, shall pay the net gaming receipts tax:
- (1) Thirteen percent (13%) on the first one hundred fifty million dollars ($150,000,000) of net casino gaming receipts or any part thereof; and
- (2) Twenty percent (20%) on net casino gaming receipts exceeding one hundred fifty million and one dollars ($150,000,001) or any part thereof.
(b)
- (1) The net gaming receipts tax shall be reported under oath and paid on a monthly basis on or before the twentieth day of each month to the Secretary of the Department of Finance and Administration.
- (2) Reporting forms will be prescribed and furnished by the secretary and shall show the total net gaming receipts from casino gaming during the preceding calendar month.
- (c) The net gaming receipts tax levied by this section is in lieu of any state or local gross receipts, sales, or other similar taxes, and to this end the Arkansas Gross Receipts Act of 1941, Arkansas Code § 26-52-101 et seq., shall not be applicable to gross receipts derived by licensees from casino gaming.
(d)
- (1) The net gaming casino receipts tax payable to the secretary under subdivision (a)(1) of this section shall be administered by the secretary pursuant to the Arkansas Tax Procedure Act, Arkansas Code § 26-18-101 et seq.
- (2) However, regulatory authority over licensing and other matters under this part not relating to the administration, payment, and collection of the net gaming receipts tax shall remain with the Arkansas Racing Commission.
- (e) In accordance with Arkansas law, all net gaming receipts tax received by the secretary required by this part and Amendment 100 shall be deposited with the State Treasurer.
(f) Effective for licensure years beginning on or after January 1, 2022, the commission shall deposit all license fees and license renewal fees of any type imposed under this part in the Arkansas Racing Commission Cash Fund, except the following, which shall be deposited into the State Treasury as general revenue:
- (1) The initial application fee imposed by 23 CAR § 358-209;
- (2) The ten-year renewal fee imposed by 23 CAR § 358-214; and
- (3) Any fines or penalties imposed by the commission.
- (g) Effective for licensure years beginning on or after January 1, 2022, if the commission collects investigative fees and costs, those fees and costs shall be deposited in the fund that incurred the cost of the investigation.
- (h) All fees and costs deposited in the Arkansas Racing Commission Cash Fund shall be used by the commission in its discretion for the regulation of casino gaming or racing in the State of Arkansas or any other activity over which it has authority.