99D.15 - PARI-MUTUEL WAGERING TAXES -- RATE -- CREDIT.

        99D.15  PARI-MUTUEL WAGERING TAXES -- RATE --
      CREDIT.
         1.  A tax of six percent is imposed on the gross sum wagered by
      the pari-mutuel method at each horse race meeting.  The tax imposed
      by this subsection shall be paid by the licensee to the commission
      within ten days after the close of each horse race meeting and shall
      be distributed as follows:
         a.  If the racetrack is located in a city, five percent of the
      gross sum wagered shall be deposited with the commission.  One-half
      of one percent of the gross sum wagered shall be remitted to the
      treasurer of the city in which the racetrack is located and shall be
      deposited in the general fund of the city.  The remaining one-half of
      one percent of the gross sum wagered shall be remitted to the
      treasurer of the county in which the racetrack is located and shall
      be deposited in the general fund of the county.
         b.  If the racetrack is located in an unincorporated part of a
      county, five and one-half percent of the gross sum wagered shall be
      deposited with the commission.  The remaining one-half of one percent
      of the gross sum wagered shall be remitted to the treasurer of the
      county in which the racetrack is located and shall be deposited in
      the general fund of the county.
         2.  A tax credit of up to five percent of the gross sum wagered
      per year shall be granted to licensees licensed for horse races and
      paid into a special fund to be used for debt retirement or operating
      expenses.  However, the tax credit is equal to six percent of the
      gross sum wagered in a year when the gross sum wagered is less than
      ninety million dollars.  Any portion of the credit not used in a
      particular year shall be retained by the commission.  A tax credit
      shall first be assessed against any share going to a city, then to
      the share going to a county, and then to the share going to the
      state.
         3. a.  A tax is imposed on the gross sum wagered by the
      pari-mutuel method at each track licensed for dog races.  The tax
      imposed by this subsection shall be paid by the licensee to the
      commission within ten days after the close of the track's racing
      season.  The rate of tax on each track is as follows:
         (1)  Six percent, if the gross sum wagered in the racing season is
      fifty-five million dollars or more.
         (2)  Five percent, if the gross sum wagered in the racing season
      is thirty million dollars or more but less than fifty-five million
      dollars.
         (3)  Four percent, if the gross sum wagered in the racing season
      is less than thirty million dollars.
         b.  The tax revenue shall be distributed as follows:
         (1)  If the racetrack is located in a city, one-half of one
      percent of the gross sum wagered shall be remitted to the treasurer
      of the city in which the racetrack is located and shall be deposited
      in the general fund of the city.  One-half of one percent of the
      gross sum wagered shall be remitted to the treasurer of the county in
      which the racetrack is located and shall be deposited in the general
      fund of the county.  The remaining amount shall be deposited with the
      commission.
         (2)  If the racetrack is located in an unincorporated part of a
      county, one-half of one percent of the gross sum wagered shall be
      remitted to the treasurer of the county in which the racetrack is
      located and shall be deposited in the general fund of the county.
      The remaining amount shall be deposited with the commission.
         c.  If the rate of tax imposed under paragraph "a" is six
      percent, five percent, or four percent, a licensee shall set aside
      for retiring any debt of the licensee, for capital improvement to the
      facilities of the licensee, for funding of possible future operating
      losses, or for charitable giving, the following amount:
         (1)  If the rate of tax paid by the licensee is six percent,
      one-sixth of the tax liability by the licensee during the racing
      season shall be set aside.
         (2)  If the rate of tax paid by the licensee is five percent, one
      percent of the gross sum wagered in the racing season shall be set
      aside.
         (3)  If the rate of tax paid by the licensee is four percent, two
      percent of the gross sum wagered in the racing season shall be set
      aside.
         4.  A tax of two percent is imposed on the gross sum wagered by
      the pari-mutuel method on horse races and dog races which are
      simultaneously telecast.  The tax imposed by this subsection is in
      lieu of the taxes imposed pursuant to subsection 1 or 3, but the tax
      revenue from simulcast horse races shall be distributed as provided
      in subsection 1 and the tax revenue from simulcast dog races shall be
      distributed as provided in subsection 3.  
         Section History: Recent Form
         83 Acts, ch 187, § 15; 84 Acts, ch 1266, § 17; 89 Acts, ch 216, §
      7--9; 90 Acts, ch 1261, § 33; 91 Acts, ch 166, §6; 91 Acts, ch 268,
      §427; 92 Acts, ch 1203, §8--10; 92 Acts, ch 1207, §2; 94 Acts, ch
      1107, §6; 2004 Acts, ch 1136, §15, 16; 2009 Acts, ch 182, §102
         Referred to in § 99D.9, 99D.10, 99D.14, 99D.17