Potawatomi gaming compact




















In return for that exclusivity, the Pokagon Band will give the state funds totaling 8 p. Ought to the state breach its dedication to the exclusivity space, the tribe would now not have to make these funds. The funding from 4 Winds shall be used for training, financial and workforce improvement, tourism promotion, and public well being. Supply hyperlink. Save my name, email, and website in this browser for the next time I comment.

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Our Latest News Email us. Imelda A. Share on Facebook. Share on Twitter. Posted on: April 30, , h. Final up to date on: Could 1, , h. Steve Bittenbender Learn Extra. In exercising its regulatory authority the Commission does not interfere with the managerial discretion of gaming operations.

Regulatory Framework The U. Supreme Court ruled in that states had no authority to prosecute gaming conducted on Indian land California v. In , IGRA became law after Tribes and states reached a compromise which gave states unprecedented regulatory participation through the negotiation of Tribal-state gaming compacts.

IGRA recognizes the right of Tribes to conduct gaming on Tribal land in states where similar gaming is permitted outside the Reservation for other purposes. IGRA also emphasizes the dire economic need of Tribes, citing gaming as one of the few revenue-producing opportunities that has generated adequate revenues to sustain Tribal governments.

The Indian Gaming Regulatory Act creates three classes of Tribal gaming: Class I Social games played solely for prizes of minimal value or traditional forms of Indian gaming as part of Tribal ceremonies or celebrations;. Class II Bingo and related games, including pull tabs, lotto, punch boards, tip jars, instant bingo and some card games excluding house-banked card games , and;.

Tribal Government gaming on the Potawatomi Reservation is governed in accordance with federal laws. The mission of the NHBP Gaming Ordinance, Gaming Regulations and Gaming Commission staff is to ensure full compliance with all applicable Tribal, federal and state statutes, as well as the Tribal-state gaming compacts and to protect the integrity of the games for the patrons and the tribe.

The NIGC must give final approval to all Tribal gaming ordinances, management contracts and has the power to conduct background investigations and object to any person hired and licensed by a tribal government to work in a casino. Sports Wagering Regulations. The Administration office is the office of the Commissioners and Executive Director. The office maintains the Gaming Commission staff and records, facilitates and coordinates all administrative functions from the Commission to other regulatory agencies, law enforcement and intelligence agencies while maintaining strong communications with FireKeepers Casino and Hotel operation.

Responsible for accurately and thoroughly managing the Auditing Department and Compliance functions through Tribal, Federal and State regulations the Gaming Commission is required to conduct audits within the casino.

This includes all gaming and non-gaming auditing functions. Auditing is responsible for making the determination of the accuracy of all financial documentation generated by casino departments. Maintain statistical information on financial casino reporting. Ensures the casino is in compliance with policies, procedures, internal controls, regulations and applicable laws. The Regulatory Compliance Department is responsible for completing elements of Daily Title 31 audits.

All functions will be performed within the guidelines of the FireKeepers Casino and Hotel policies and procedures as well as Internal Control Standards and objectives.

Compliance is also responsible for compiling, sorting, and reviewing daily casino documents. Maintains compliance files including exception reports and testing results. Prepares internal and external correspondence. Duties, responsibilities, requirements, and expectations pertaining to this job are subject to change as needed. Responsible for the successful overall development, installation, operation, and maintenance of all network management information systems for the Gaming Commission; including computers, software, audio and visual equipment.

Plans, implements, and directs all departmental procedures for the Gaming Commission, for the accomplishment of business objectives in regards to Information Technology. The Investigations Department of the NHBP Gaming Commission has various responsibilities that are not limited to investigating gaming-related theft and fraud.

The Investigations Department also investigates crimes that are considered felonies in most non-Tribal jurisdictions. Another important role of Investigations is to ensure the integrity of the gaming operation by testing and approving all gaming-related equipment such as software for slot machines.

Investigations also work with casino personnel to ensure that the casino is operating within the parameters established by the Tribal Minimum Internal Control Standards. Finally, Investigations maintains a list of excluded patrons and resolves gaming-related disputes between patrons and FireKeepers. The Licensing Department conducts background investigations on all casino employees, gaming vendors, non-gaming vendors, and facilities licensing. To ensure that accurate and complete information is provided to the different tribal gaming commissions for licensing purposes and to review all gaming license decisions to ensure compliance.

To conduct thorough background investigations on all gaming employees, management contractors, manufacturers and distributors seeking licensure at Native American gaming facilities located in the State of Kansas.

The Department of Justice has repeatedly found that this regulatory scheme is working to shield Indian gaming from corrupt influences and protects the integrity of tribal operations. Conclusion The NIGC encourages tribes to review their responsibilities and procedures in respect to gaming regulation and consider whether their tribal gaming commission operates in a sufficiently independent manner.

All applications, background investigations and Tribal Commission decisions shall be retained in the Tribal Commission files for a period of at least 10 years. To adopt a schedule of fees to be charged for gaming licenses pursuant to the IGRA. To adopt a schedule of fees and charges for services rendered relating to transcripts and the furnishing or certifying of copies of proceedings, files, and records.

To delegate to an individual member of the Tribal Commission, or to an individual member of the Council, or, with the approval of the Council, to the Tribal Commission or tribal staff, such of its functions as may be necessary to administer this Title efficiently; provided that the Tribal Commission may not re-delegate its power to exercise any substantial governmental function of the Tribe or its power to promulgate rules and regulations; and provided further, that it may not delegate to anyone except the Council or Tribal Court the power to revoke a tribal gaming license permanently.

To request the assistance of the Tribal Court or Tribal Appellate Court in conducting gaming hearings, or in any other matter for which the Tribal Commission deems such assistance to be necessary or proper. To establish and use a Tribal Gaming Seal. By written notification to the National Indian Gaming Commission, to designate an agent for service in any official determination, order or notice of violation from such Commission. To supervise, inspect and regulate all gaming activities within the jurisdiction of the Tribe.

To promote the full and proper enforcement of this Title and any other applicable law regarding gaming activities within the jurisdiction of the Tribe. To conduct background investigations of all people who propose to participate in any gaming activity or operation and to provide copies of investigative reports to the State Gaming Agency and the National Indian Gaming Commission. To consult with and make recommendations to the Council regarding changes in tribal gaming laws and policies. To make determinations of eligibility of applicants for Class B licenses and to provide copies thereof to the State Gaming Agency and the national Indian Gaming Commission.

To make recommendations to the Council regarding the hiring of all supervisory gaming employees. To approve or disapprove any application for a tribal gaming license. To make, or cause to be made by its agents or employees, an examination or investigation of the place of business, equipment, facilities, tangible personal property, and books, records, papers, vouchers, accounts, documents and financial statements of any gaming or enterprise operating, or suspected to operating, within the jurisdiction of the Tribe.

In undertaking such investigations, the Tribal commission may request the assistance of tribal gaming staff, federal and local law enforcement officials, legal counsel and other third parties. To maintain a surveillance log recording all surveillance activities in the monitoring room of each gaming facility and to maintain a security log recording all unusual occurrences in any gaming facility as required by the Tribal-State Compact.

To conduct hearing and to examine under oath, either orally or in writing, in hearings or otherwise, any person or agent, officer, or employee of any person, or any other witness, with respect to any matters related to this Title and to compel by subpoena the attendance of witnesses and the production of any books, records and papers with respect thereto.

To compel obedience to its lawful orders by proceedings of mandamus or injunction or other proper proceedings in the name of the Tribe in the Tribal Court or any other court having jurisdiction of the parties or of the subject matter. To discipline any licensee or other person participating in any gaming activity or operation by ordering immediate compliance with this Title or Tribal Commission regulations and to issue an order of temporary suspension of any license issued under this Title, whenever the Tribal Commission is notified of a violation by any such person of this Title or any other applicable law.

To issue an order of temporary closure of any gaming activity or operation in the event the Council determines that immediate closure is necessary to protect assets or activities of the Tribe, pursuant to Council regulations, or whenever the Council shall receive information from the Indian Gaming Commission that a primary management official or key employee of such license does not meet the standards for being licensed provided in the IGRA.

To close permanently, after notice and a hearing, any gaming activity or operation which is operated in violation of this Title or any other applicable law, or any gaming activity which has been ordered permanently closed by the National Indian Gaming Commission. Whenever necessary or appropriate, to request the assistance and utilize the services of the courts, law enforcement and government officials and agencies, and private parties, in exercising its powers and carrying out its responsibilities.

Upon prior explicit written approval of the Council, to sue or be sued in courts of competent jurisdiction within the United States and Canada, subject to the provisions of this Code and other tribal laws relating to sovereign immunity. To enter into an agreement with tribal police or other law enforcement agencies where by those agencies will report to the Commission any activities of any person who is in violation of the provisions of this Title or any other applicable law regarding any gaming activity.

To purchase, lease, take by gift, devise or bequest, or otherwise acquire, own, hold, improve and use property and assets of every description, real and personal, tangible or intangible, including money, securities, or any interests therein, rights and services of any kind and description or any interest in real property, whether located on or off the Reservation, only with the express, prior written consent of the Council and title to such real property and property which is to become a fixture or permanent improvement or part of the real property shall be taken in the name of the Tribe or in the name of the United States in trust for the Tribe, and title to all trust and restricted real property shall remain in trust or restricted status.

To sell, mortgage, pledge, lease, exchange, transfer and otherwise dispose of all or any part of its personal property and assets. To deal in inventions, copyrights, and trademarks; to acquire by application, assignment, purchase, exchange, lease, hire or otherwise and to hold, own, use, license, lease and sell, either alone or in conjunction with others, the absolute or any partial or qualified interest in and to inventions, letters patent and applications therefore, licenses, formulas, privileges, processes, copyrights and applications therefore, trademarks and applications therefore, and trade names, provide that title to all such interests shall be taken in the name of the Tribe.

With the prior, explicit, written approval of the council, to borrow money and to make, accept, endorse, execute and issue bonds, debentures, promissory notes, guarantees and other obligations of the Tribal Commission for moneys borrowed, or in payment for property acquired or for any of the purposes of the Tribal Commission and to secure payment of any obligations by secured interest, mortgage, pledge, deed, indenture, agreement or other instrument of trust or by other lien upon, assignment of or agreement in regard to all or part of the person or real property, rights or privileges of the Tribal Commission.

To enter into, make, perform and carry out any agreement, partnership, joint venture contract or other undertaking with any federal, state or local governmental agency, tribe, person, partnership, corporation or other association or entity for any lawful purpose pertaining to the business of the Tribal Commission or which is necessary of incidental or incidental to the accomplishment of the purposes of the Tribal Commission.

To invest and reinvest its funds in such mortgages, bonds, notes, debentures, share of preferred and common stock, and any other securities of any kind whatsoever, and property, real, personal or mixed, tangible or intangible, as the Tribal Commission shall deem advisable and as may be permitted under this Title or any other applicable law, provided, that the Tribal Commission shall have authority to invest or reinvest in real property, whether located on or off the Reservation, subject to the restrictions set forth in Subsection AL To purchase insurance from any stock or mutual company for any property, or against any risk or hazard.

Upon prior explicit, written approval of the Council, to make application and accept grants and other awards from private and governmental sources in carrying out or furthering the purposes of the Tribal Commission or Tribe. To develop a cooperative working relationship with federal, state agencies and officials. To provide to the National Indian Gaming Commission and to the State the results of background investigations upon proposed management entities, all owners, directors, primary management officials and key employees thereof, and all people proposed for employment as tribal employees, in any Class III Gaming activity or operation before any such entity or person is employed either by the Tribe or any licensee.

To arrange for training of Tribal Commission members, tribal employees and others in areas relating to the regulation or operation of gaming. To become self-regulating whenever the Tribe becomes eligible for a certificate of self-regulation under the IGRA. Audit financial accounting system from general ledger down through all supporting transaction documentation. Report monthly to the Commissioner with an Activity Report of open, closed and ongoing activity. Review monthly financial data from the operations and prepare monthly financial information for the Commissioner.

Review monthly variance information from operations. Report variance activity to the Gaming Commissioners on the next Activity Report following the receipt of the information. Make findings and recommendations for correcting deficiencies with the concurrence of the Commissioner.

Must be able to develop and write internal controls where needed. Perform all related and compatible duties as assigned by the Gaming Commissioners. This understanding allows us to concentrate audit efforts on those aspects of the Prairie Band Potawatomi Tribal Gaming Commission that are significant to the financial statements. Internal control and its component elements. We have made a preliminary assessment of control risk and plan to assess control risk below the maximum for revenue and payroll.

Fraud risk factors within the Prairie Band Potawatomi Tribal Gaming Commission which may be indicative of either fraudulent financial reporting or misappropriation of assets. New technical accounting and financial reportingrequirements that will impact recognition, measurement or disclosure in the December 31, financial statements. Our review and understanding of the Prairie Band Potawatomi Tribal Gaming Commission system of internal control is not undertaken for the purpose of expressing an opinion on the effectiveness of its internal control.

Rather, it is to assess the impact of internal control on determining the nature, timing and extent of auditing procedures. Recommendations for improving internal control that come to our attention will be summarized for discussion with management and the Tribal Gaming Commissioners.

We will issue report s on internal control related to the financial statements and major programs. These report s describe the scope of testing of internal control and the results of our tests of internal controls. Our report s on internal control will include any reportable conditions and material weaknesses in the system of which we become aware as a result of obtaining an understanding of internal control and performing tests of internal control consistent with the requirements of the standards and circular identified above.

We will issue report s on compliance with laws, regulations, and the provisions of contracts or grant agreements. We will report on any noncompliance which could have a material effect on the financial statements and any noncompliance which could have a direct and material effect on each major program.

Scope of the Audit: The scope of this audit will include all oversight processes within Income Control and all departments that originate oversights. Verify that Income Control processes for Oversights are compliant with applicable regulations. Determine if any disciplinary action is being taken within each department in regard to Oversights and Variances.

Provide the Gaming Commission with documented audit results in a written report. Planned Internal Audit Procedures: Review applicable regulations, system of internal controls, and department policies and procedures Review the locations where Oversight and Variance paperwork is kept. Test a sample of source documents for accuracy and completion. Interview department personnel on Oversight and Variance policies and procedures.

Review audit findings for compliance. Analyze audit findings to determine a tentative disciplinary matrix for the PBP Gaming Commission to consider.

Phases of the Audit: Audit planning Meeting with Commission to approved planned audit Complete interviews in casino Analyze findings Draft of Report complete Final Report to Commission Reporting: The report will be a formal written document. Gaming Inspectors Established in compliance with the Tribal-State Compact, the Gaming Inspector is an important contributor to the success of the gaming operation by encouraging accountability throughout the gaming facility.

Licensing Purpose: Licensing is the process that a Tribal Gaming Regulatory agency uses to determine who enter or associate with the casino industry. Licensing is conducted to protect the following assets: money integrity sovereignty as it relates to gaming employee and patron protection Protection of assets Money — In a cash intensive business, an important component of the internal control structure is the trustworthiness of the employees that work in a casino.

Integrity — Regulation wants to protect the industry from the presence of individuals who by their association alone harms the integrity of the industry. Sovereignty as it relates to gaming — all licensing decisions are reviewed and open to question by State regulators and the National Indian Gaming Commission.

Employee and patron protection — Licensing is one protection to ensure that employees and patrons are not in the presence of dangerous employees. During the initial license determination, the burden is on the applicant to prove eligibility for licensure. A gaming license is a privilege not a right. The Gaming Commission has broad powers to conduct background investigations if they have a release of information form and a release from prosecution. Indian Gaming Regulatory Act Standard: a standard whereby any person whose prior activities, criminal record, if any, or reputation, habits, and association pose a threat to the public interest or to the effective regulation of gaming, or create or enhance the dangers of unsuitable, unfair, or illegal practices and methods and activities in the conduct of gaming shall not be eligible for employment.

Category 1 Disclosure Application The Applicant must complete the 33 page disclosure leaving no questions unanswered and to answer all questions to the best of their knowledge. Conduct a thorough review of disclosure for errors. Fingerprints are taken electronically Identix. Photograph is taken for Gaming License.

Signatures required for additional Gaming Commission documents. Scan document in applicants IAT database. Print licensee applicant picture for disclosure packet. Category 2 Disclosure Application The Applicant must complete the 31 page disclosure leaving no questions unanswered and to answer all questions to the best of their knowledge.

Fingerprints are taken electronically using Cat. Request for a Credit report using information from disclosure. Request for a driving record, Civil record, and Employment verification from CMK online database using information from disclosure. The interviews are 7 questions and handwritten recorded.

Scan documents in applicants IAT database. Any key employee, primary management official or any standard gaming employee is required to apply and receive all necessary licenses from the PBP Gaming Commission prior to engaging in such gaming activities. How do I obtain a license? Upon completion of the disclosure application, you will be instructed to call the Prairie Band Potawatomi Gaming Commission to schedule an appointment with one of our Compliance Officers.

What happens at a disclosure appointment? At your disclosure application appointment, a Compliance Officer will review your disclosure application to verify that it meets the standards of the Kansas State Gaming Agency.

The Compliance Officer will review your application for completeness of addresses, phones numbers, and to assist in completing some unanswered questions in your application. When you disclosure application is complete and ready to be sent to the KSGA, the thorough background investigation will begin.

In addition to the application review, fingerprints will be obtained and a picture will be taken for your future gaming license. Please keep in mind that for a Category 1 or 2 license application it may take 90 days as the Kansas State Gaming Agency conducts background check on the three other casinos in Northeast Kansas region.

In addition, the Prairie Band Gaming Commission will need time to review other background investigation reports to determine the suitability for other license applications. For a Category 3 license application, it may take weeks. Does it cost anything to get a license? No, there is not a licensing charge to you. Could my bad credit history keep me from getting a license?

The Prairie Band Gaming Commission considers all completed background investigations upon review. However, the PBPGC takes credit report history seriously for employees that are assigned to daily money handling position and security personnel in charge of protective casino assets.

A licensing decision will be made based off conditions that the PBPGC assign to a license applicant if the credit is less than perfect. However, a majority of the decision will be based on the honesty of the license applicant. If the applicant failed to disclose pertinent information it can results in a denial of a license. Can someone else pick up my license for me? No, as a license applicant it is your sole responsibility to pick up your license.

All licenses can be picked up at the Prairie Band Potawatomi Gaming Commission Office Monday-Friday ampm except for holidays when the office is closed.

On rare occasions, arrangements can be made to get your license from a Gaming Inspector. What happens if I forget to renew my license before it expires? Failure to adhere to this timeline may result in unscheduled time off from your job. No one may work at the Casino or Bingo Hall without a valid active gaming license, therefore it is imperative that you renew on time. How long is a license good? Is there a charge to get a copy of my initial disclosure? Due to the nature of the confidential information that is on a completed disclosure application we request that proper identification be Drivers License, Identification Card or an Active Gaming License available to identify the release of information.

How will I know when my license is ready to pick up? Upon the completion of your background investigation and the approvals from the Prairie Band Gaming Commission, the PBP Compliance Officer will contact the Human Resources Department to advise that you have been approved for a gaming license and that it is ready to be picked up. The Human Resource Department will then notify you to pick up your license at the Gaming Commission office. We do not recommend pending licensing applicants to call the Gaming Commission office to inquire about the status of a license.

What type of background information is investigated? Vendors are broken down into the following classifications:Exempt Vendors Minor Vendors Major Vendors Gaming Vendors What are the costs associated with obtaining a vendor license? Depending on the vendor classification, the following fees apply: 1. Exempt Vendor No fee required. Those decisions are made by the managing enterprise. Who from my company needs to disclose information to the Gaming Commission? Also, any technician that will frequently be on property to conduct any type of services will need to complete an application and obtain a license.

How long does it take to get a vendor license? Vendor Licenses shall expire on December 31st of each calendar year, unless issued in the final quarter of the year.

The Indian Gaming Regulatory Act divides gaming activities into three classes: Class I consists of social games that have prizes of minimal value; and traditional tribal games played in connection with tribal ceremonies or celebrations. Class II primarily includes bingo whether or not it is electronically enhanced , pull-tabs, lotto, punch boards, tip jars, instant bingo, and games similar to bingo, and non-banking card games allowed by state law.

Class III gaming includes all gaming that is not Class I or Class II gaming, which primarily includes slot machines, casino games, banking card games, dog racing, horse racing, and lotteries.

Example 1: A tribe may operate unincorporated businesses in or away from Indian country. The income derived is not subject to federal income tax. If the tribe decides to incorporate its business, it may subject the income to tax based on how the corporation is formed.

Example 2: A tribe may incorporate under the Indian Reorganization Act of This type of corporation is not subject to income tax regardless of where the business is located. An approval article or certificate signed by the Secretary of the Interior is evidence of incorporation under the Indian Reorganization Act. An approval article or certification signed by the Secretary of the Interior is evidence of incorporation under the Oklahoma Indian Welfare Act.

Example 4: An Indian tribe may also form a corporation under state law. This type of corporation is ordinarily subject to federal income tax on income earned on or after October 1, , regardless of where the business is located. Because the state charter creates an entity separate and distinct from the tribe, the federal income tax applies to this new entity.

A Certification of Incorporation issued by the state is evidence of incorporation under state law. Regulations Whether a tribe has hired a management company to run its gaming operation, or it is handling the gaming operation itself, the tribe must follow the regulations issued by the NIGC that cover the Minimum Internal Control Standards MICS for Indian gaming.

Recordkeeping Remember that whether a tribe has hired a management company to run the gaming operation, or it is running the operation itself, the tribe, as owner, is required to ensure the maintenance of all books and records used to determine gross and net income, and to determine information reporting responsibilities such as IRS Form W-2G, Certain Gambling Winnings.

Example 1: A tribal gaming operation sells pull-tabs during its bingo session. For simplicity sake, the cash payment and purchase of the second ticket was combined. The information includes: name and accurate address; account number with the casino, if applicable ; and social security number.

This information must be documented on the CTRC. Currency transactions in other operational aspects of a casino complex may be subject to other reporting requirements.

IRS Form , Currency Transaction Report, is used by independent check cashers, money remitters, wire transfer companies, etc. Recordkeeping There are extensive requirements for financial institutions, and additional ones for casinos. Suspicious Transactions Casinos have a certain vulnerability to potential money laundering schemes caused by the cash intensive nature of the games.

Example 1: Employees may break down currency transactions into smaller amounts when recording the transactions. Example 3: Customers may conduct transactions at different cash windows on different shifts.

Example 4: Customers may enlist others to conduct large pay-out transactions. Employment Tax Tribal gaming operations are subject to employment tax if they have compensated workers. Workers Treated As Employees If the tribal gaming operation has the right to direct and control the worker, that worker is an employee. Workers Not Treated As Employees Independent Contractors, Vendors The tribal gaming operation may have to file information returns to report certain types of payments made during the year to workers who are not treated as employees.

John operates his own janitorial service that performs work for numerous entities, has the right to hire and fire his own help, and provides his own tools and supplies. The tribe does not have the right to direct and control John. Therefore, he is not an employee of the tribe.

Jack only works for this tribe, does not have the right to hire and fire assistants, and the tribe requires that he personally does the work. The tribe provides the supplies and tools for Jack. Based on the above facts, Jack should be treated as an employee, and the tribe should withhold income tax and employment tax.

The individual who performs services should complete IRS Form W-9, Request for Taxpayer Identification Number and Certification , certifying the correct taxpayer identification number TIN and name, and whether the provider is incorporated, before services are provided. Form W-9 is used to request payees to furnish a TIN and to certify that the number is correct certification. Reporting Tip Income All tips received by an employee are taxable income subject to federal income tax.

Example: Joeis a dealer at a tribal casino. Joe must report them to the tribal gaming operation conducting the gaming employer by April 10, or more frequently if required by the employer; and the tips are subject to FICA and federal income tax withholding.

TRDA — Under this arrangement, the employer determines tip rates for various occupations within the establishment using historical tip data. The IRS reviews the data and validates the rates. At least 75 percent of the tipped employees must agree to participate by signing a Tipped Employee Participation Agreement. This arrangement is available for all tipped employees, gaming or non-gaming, at the casino.

The employer may designate which categories of employees will be covered by a TRDA, and which ones will not. Depositing Employment Tax In general, you must deposit backup withholding, gambling withholding, income tax withheld, and both the employer and employee Social Security and Medicare taxes.

Federal Tax Deposit Coupon Use Form to deposit employment tax and all other types of tax that are deposited to an authorized financial institution. Special rules apply: Do not use a deposit coupon to pay delinquent tax that has been assessed by the IRS. Source Income of Foreign Persons , withholdings. Do not combine deposits for Form , Form , and Form withholding liabilities. Be sure to mark the appropriate check box for Form on Form Coupons will be preprinted with your name, address, and EIN.

Use the entry boxes to indicate the type of tax and the tax period against which the deposit is to be applied. In order to determine when to make deposits, you must determine your deposit schedule. There are two deposit schedules, monthly and semi-weekly. Your deposit schedule will be based on a four-quarter look-back period that ends June 30 of the prior calendar year. See IRS Publication 15 for more information. Monthly depositors must deposit federal tax related to wage payments made during the current month by the 15th day of the following month.

Semi-weekly depositors must deposit more frequently. In addition, there are a number of other rules that can affect your deposit schedule or when you must make deposits. You should consult Publication 15 for more information regarding deposit deadlines. It is very important to clearly mark the correct type of tax and tax period on each deposit coupon.

The IRS uses this information to credit your account. Deliver each deposit coupon and a single payment covering the taxes to be deposited to an authorized financial institution. Follow the instructions in the front of the coupon book. Make the check or money order payable to the financial institution where you make your deposit. To help ensure proper crediting of your account, include your EIN , the type of tax e. Form , and tax period to which the payment applies on your check or money order.

Tax on Wagering Application of Excise Tax This section explains the application of excise tax on wagering wagering tax and occupational tax on tribal gaming operations conducting bingo games, pull-tabs, raffles, and tip boards. In general, the tax on wagering applies to: wagers placed on a sports event or contest with a person engaged in the business of accepting such wagers wagers placed in a wagering pool on a sports event or contest, if the pool is conducted for profit wagers placed in a lottery conducted for profit other than a state-conducted lottery Note : Pull-tabs, raffles, and tip jar games generally are taxable lotteries.

Wagering Tax The wagering tax is imposed on gross wagers received. Example: The wagering tax applies to an organization selling pull-tabs. The tax applies to the gross sales per box. Rate of Tax The rate of tax depends upon whether the wager is authorized under the law of the state in which it is accepted. Filing IRS Form , Tax on Wagering Form is a monthly return that must be filed by all persons subject to tax by the last day of the month following the month for which taxable wagers are reported.

Occupational Tax The occupational tax is imposed on those who receive wagers that are subject to tax. The tribe also employs a secretary and a bookkeeper. The tribe and each of the 10 persons are liable for the occupational tax. They must each file Form C and pay occupational tax. The secretary and bookkeeper are not liable for the tax unless they also accept wagers for the tribe.

Amount of the Tax The amount of the occupational tax depends on whether or not the wager is authorized under the law of the state in which it is accepted. Example: A tribe sells pull-tabs at its tribally-owned gasoline stations through paid employees of the tribe. In this state where the tribe is located, the sale of pull-tabs must be conducted by volunteer labor.

The tribe is liable for the wagering tax at a rate of 2 percent. State law only allows the sale of pulltabs by volunteer labor, and this tribe uses paid cashiers to sell the pull-tabs. Reporting Requirements of Per Capita Distributions The IGRA mandates that gaming revenues are to be taken into account in computing the income tax of a member when the net gaming revenue is paid to that member as a per capita payment.

Withholding Requirements of Distributions from Net Gaming Revenue Identifying the initial source of funds used for the per capita distribution is an important aspect of reporting requirements.

See Publication 15 for more detailed information.



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