Wyo. Code R. 038-0003-3
Effective Date: 02/22/2023 to Current
Rule Type: Current Rules & Regulations
Reference Number: 038.0003.3.02222023
Taxes and Payments
(a) Taxes shall be calculated on a weekly basis based on the net proceeds earned during the prior week on skill based amusement games. On a weekly basis, the vendor shall remit to the Commission a tax payment equivalent to twenty percent (20%) of the net proceeds earned during the prior week from each skill based amusement game.
(i) The taxes imposed may be prepaid, provided that:
(A) A vendor may make the prepayment of taxes under this section, so long as the prepayment is at least one thousand dollars ($1,000.00), and the process for calculating the prepayment is approved by the Commission; and
(B) Prepayment of taxes shall not exempt the vendor from its other weekly reporting requirements described herein.
(b) Prior to commencing operations in Wyoming, each vendor shall establish and thereafter maintain an operating account at a designated financial institution capable of handling electronic fund transfers. The vendor must notify the Commission of the financial institution where funds are deposited. No change of financial institution may be made without prior Commission notification and approval.
(c) A vendor must remit the tax payment imposed, by an electronic transfer of funds. In addition, the vendor shall electronically transmit a tax worksheet and attestation report in the format provided by the Commission. The tax payment shall be transmitted no later than seven (7) business days after the end of the week in which the net proceeds were received.
(d) If the amount of net proceeds for a week is a negative figure, the vendor shall not remit a skill based amusement game tax payment for that week. Any negative net proceeds may be carried over and calculated as a deduction on the tax form or payment form on the subsequent weeks until the negative figure has been brought to a zero (0) balance. A week in which negative net proceeds are realized shall not exempt the vendor from its other weekly reporting requirements described herein.
(e) In addition to the tax payment, the vendor shall electronically transmit a tax worksheet and the attestation report in a format provided by the Commission that includes all the following information:
(i) Week ending date;
(ii) Vendor Name;
(iii) Operator and establishment name;
(iv) The county, city, or town where the terminal is located;
(v) Asset identification number, terminal serial number, and corresponding Commission tax identification number; and
(vi) The following per terminal game play activity information:
(A) Total number of plays;
(B) Total dollar amount played;
(C) Total revenue
(D) Total payout;
(E) Net proceeds; and
(F) Amount of tax due.
(a) A vendor shall not receive a deduction against net proceeds unless written approval is granted by the Commission for the amounts returned to a player because of a game, device, or system malfunction or because the game must be voided because of concerns regarding integrity of the game that were previously included in the computation of net proceeds; or
(b) A vendor must submit for Commission review and approval, a written request including all supporting documentation, for any deductions it would like to take against net proceeds.
(a) The Commission shall have the authority to investigate any failure to make tax payments as required under this chapter. The Commission may also refer any failure to comply with the tax obligations for criminal prosecution and penalties.
(b) The first time that a vendor is more than forty-eight (48) hours overdue in remitting taxes pursuant to W.S. § 11-25-304, the Commission may promptly direct the disabling of all skill based amusement games operated by the vendor until the overdue tax is remitted by certified funds.
(c) The second or subsequent time within a one-year period that a vendor is more than forty-eight (48) hours overdue in remitting taxes, the Commission shall promptly direct the disabling of all skill based amusement games operated by the vendor until each of the following occurs:
(i) The vendor pays the overdue tax remittance by certified funds; and
(ii) The vendor posts a bond or cash deposit of certified funds required by the Commission as a guarantee of future tax payments. The bond or cash deposit of certified funds shall be in an amount equal to the average net proceeds for a period of one (1) week based on the previous one hundred twenty (120) days, excluding any period for which the vendor's skill based amusement games were disabled for non-payment of taxes.
(d) A vendor may be subject to disciplinary action by the Commission under Chapter 8 of these rules for an overdue tax remittance.
(e) An overdue tax remittance caused by an act of God, a financial institution error, or something outside the vendor's control, shall not be subject to the provisions of this section.
Section 4. Taxation Requirements. Each vendor and operator shall, at all times, comply with any Internal Revenue Service (IRS) requirements for reporting and withholding proceeds from skill based amusement games.