CHAPTER
371
CASINO TAXATION |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
|
|
|
|
Returns, inspection, etc. |
|
Method of payment of tax. |
|
SCHEDULE. |
CHAPTER 371 |
CASINO TAXATION |
An Act to
tax gaming casinos. | 36 of 1967
8 of 1969
28 of 1969
31 of 1969
21 of 1971
11 of 1974 |
[Commencement 29th
December, 1967] |
1. This Act may be cited as the Casino Taxation Act. | Short title. |
2. (1) In this Act, unless the context other requires- | Interpretation. |
"casino"
means any gaming house kept and managed for gain by the occupier or any person
acting with his authority or with his consent, and operated
under a valid licence; |
"gaming"
means playing for money or for other stakes at any game of chance or game of
mixed chance and skill or betting; |
"gaming
house" means any house, room or premises, enclosure or place to which any
person may resort for the purpose of gaming; |
"licence"
means a licence granted under the
Lotteries and Gaming Act; |
"Minister"
means the Minister of Finance; |
"occupier"
means, in relation to any casino, the person to whom the licence relating to
the casino has been granted. |
(2)
Notwithstanding the provisions of subsection (1) of this section the New Casino
and the Gaming Machine Room as defined in the certificate of exemption granted
to Paradise Enterprises Ltd. on the seventeenth day of August, 1966, shall for
all purposes of this Act be deemed to be and to constitute one casino. |
3. (1) In each and every year there
shall be charged on and paid by the occupier of any casino open for business at
any time during that year, the annual tax (hereinafter referred to as the
"basic tax") specified in Part 1 of the Schedule in respect of that
casino.(2) The basic tax
payable by the occupier of any casino under the provisions of this section in
any year, shall be paid by the occupier in six equal monthly instalments, the
first of which shall be due and payable on the thirty-first day of January of
that year and the remainder each on the last day of each next succeeding month: | Basic tax. |
Provided that
where any casino is first opened for business during any year after the
thirty-first day of January in that year, the basic tax payable in respect of
that casino for that year shall be due and payable by the occupier in such
manner, whether or not by monthly instalments, as the Minister may in writing
direct. |
4. (1) In addition to the basic tax charged and payable
under section 3 of this Act there shall be charged on and paid by the occupier
of every casino in each and every year commencing with the first day of
January, 1968, a tax on the gross winnings of the casino during such year to be
computed and paid in accordance with this section (hereinafter referred to as
the "winnings tax"). | Winnings tax. |
(2) For the
purposes of this Act "gross winnings" of a casino during any period
means the sum by which the amount of money or money's worth received by the
casino in respect of gaming at that casino exceeds the amount of money or
money's worth paid out by that casino during that period to persons gaming: |
Provided that in
computing the gross winnings in respect of any period, the value of any cheque
or the amount of any promise to pay money given to the casino, or of any credit
extended to any person by the casino, shall be taken into account as money
received by the casino on the day on which such cheque or promise is given to, or
such credit is extended by, the casino. |
(3) The winnings
tax in respect of every casino shall be computed in respect of each month of
every year and such computation shall be made at the rates set out in
Part II of the Schedule to this Act upon the amount of the gross
winnings of the casino during that month. |
(4)
Winnings tax in respect of every casino shall be due and payable by the
occupier thereof on or before the last day of the month next succeeding the
month in which the gross winnings were made. |
(5) The occupier
of every casino shall submit to the Minister on or before the last day of every
month in any year, a statement in such form as the Minister may require,
setting out the gross winnings of the casino on each day, or during such other
period as the Minister may require, of the immediately preceding month and the
gross winnings of the casino for the months of the year preceding that month
and declaring that the amount of tax payable in respect of the gross winnings
of that month calculated in accordance with this Act has been paid. |
(6)
Notwithstanding anything to the contrary, where at the end of any year the
total of the winnings tax payable in respect of any casino pursuant to the
foregoing provisions of this section amounts to less than two million dollars,
the winnings tax due and payable under this Act in respect of that year shall,
instead of the amount payable pursuant to the said provisions, be deemed to be
the sum of two million dollars: |
Provided
that- |
(a) in the case
of a casino with a floor space of less than five thousand square feet, where at
the end of any year the total of such winnings tax amounts to less than fifty
thousand dollars, the winnings tax due and payable in respect of that year
shall be deemed to be the sum of fifty thousand dollars; and |
(b) in the case
of a casino with a floor space of not less than five thousand square feet but
less than ten thousand square feet, where at the end of any year the total of
such winnings tax amounts to less than one hundred thousand dollars, the
winnings tax due and payable in respect of that year shall be deemed to be the
sum of one hundred thousand dollars. |
5. Notwithstanding any other provisions of this Act,
when the Minister has reason to believe that any amount of winnings tax has
been incorrectly computed by an occupier or when any occupier fails in any
month to submit to the Minister a statement in accordance with subsection (5)
of section 4 of this Act, the Minister may assess the amount of tax, if any,
payable by the occupier as such amount as in the circumstances appears proper
to the Minister in view of the provisions of this Act. | Assessment by Minister. |
(2) When the
Minister assesses the amount of any winnings tax in accordance with the
provisions of this section he shall give notice in writing to the occupier
stating the amount so assessed and such amount of tax shall be due and payable
by the occupier within such period next following the date of such notice as
the Minister may in the notice direct: |
Provided that an
occupier may appeal within thirty days of the date of such notice to the
Supreme Court against any such assessment and- |
(a) pending the
determination of the appeal shall not be liable to pay tax so assessed by the
Minister; and |
(b) upon the
determination of the appeal shall be liable to pay such amount of tax within
such time as the Court may order as being due and payable under the provisions
of section 4 of this Act in lieu of the amount assessed by the Minister. |
6. (1) The occupier of any casino shall submit to the
Minister such statements in such form as the Minister may require, relating to
the gross winnings of the casino during any period and to the financial
transactions between the occupier and persons gaming, including particulars of
cheques and promises to pay given by, and credit extended to, such persons, at
such times as the Minister may require. | Returns, inspection, etc. |
(2) Every occupier
of any casino shall within sixty days next following the thirty-first day of
December in each year during which the casino is open for business, submit to
the Minister a statement clearly showing the gross winnings of the casino
during each month of that year together with a certificate by a chartered
accountant approved by, the Minister certifying that any winnings tax payable
in respect of such gross winnings has been correctly computed and paid. |
(3) Every occupier
of any casino shall permit any person duly authorised by the Minister in that
behalf to enter the casino at any reasonable time and |
(a) to inspect
and take extracts from or copies of any book, document or other record relating
to the accounts of the casino or the financial transactions between the
occupier and persons gaming in the casino, including credit arrangements,
promises to pay and cheques; |
(b) to be
present at and supervise the count at the close of business of the casino on
any day of the money received by the casino in gaming during that day; and |
(c) to be
present at and supervise the calculation of the gross winnings made on any day. |
7. (1) Any occupier of any casino and any servant or
agent of any such occupier who- | Offences. |
(a) makes any
false entry in any statement or return required to be submitted to the Minister
under the provisions of this Act; or |
(b) makes any
false entry in any account of the casino, |
with the
intention that the same shall be taken to be true, shall be guilty of an
offence and liable upon summary conviction, in the case of an individual, to
imprisonment for a period not exceeding two years or a fine not exceeding five
thousand dollars, or, in the case of a corporation, to a fine not exceeding ten
thousand dollars. |
(2) Any person who
obstructs any person, duly authorised by the Minister, in the execution of his
powers and duties under subsection (3) of section 6 of this Act shall be guilty
of an offence and liable upon summary conviction to imprisonment for a period
not exceeding six months or to a fine not exceeding five hundred dollars. |
(3) Where the
servant or agent of an occupier of a casino commits any offence under this
section, the occupier, and, where the occupier is a corporation, any director
and any principal officer of the corporation, shall be deemed to have abetted
the commission of the offence unless he establishes to the satisfaction of the
court that the offence was committed without his knowledge and that he could
not reasonably be expected to know that the offence was being commuted. |
8. Any amount of basic tax or winnings tax when due and
payable under the provisions of this Act shall be paid to and collected by the
Treasurer at the Treasury. | Method of payment of tax. |
9. (1) Any amount of basic tax or winnings tax due and
payable under the provisions of this Act and remaining unpaid may be sued for
and recovered in the Supreme Court. | Recovery of tax. |
(2) When any
person is adjudged to pay any amount of basic tax or winnings tax the court
shall order such person to pay, in addition to such amount, and the costs of
suit, a penalty of ten per centum of such amount so adjudged to be paid. |
SCHEDULE (Section 3(1)) |
PART I
BASIC TAX |
(a)
Basic tax payable in respect of a casino with a floor space of less than five thousand square feet.............................
|
$50,000
|
(b)
Basic tax payable in respect of a casino with a floor space of not less than five thousand square feet but less than ten thousand square feet....................................................
|
$100,000
|
(c)
Basic tax payable in respect of any other casino.............
|
$200,000
|
|
PART II (Section 4(3)) |
WINNINGS TAX |
(a)
Winnings tax payable in respect of a casino with a floor space of less than ten thousand square feet-
|
|
|
On gross winnings up to and including $10,000,000..............................
|
10%
|
|
On gross winnings in excess of $10,000,000...............................................
|
15%
|
(b)
Winnings tax payable in respect of any other casino-
|
|
|
On gross winnings up to and including $10,000,000...............................
|
25%
|
|
On gross winnings in excess of $10,000,000 up to and including $16,000,000...............................
|
20%
|
|
On gross winnings in excess of $16,000,000 up to and including $20,000,000..............................
|
10%
|
|
On gross winnings in excess of $20,000,000...............................................
|
5%
|
|