underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
HOUSE BILL 301
56
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2023
INTRODUCED BY
Ambrose Castellano
AN ACT
RELATING TO THE GAMING TAX; PROVIDING A RATE DIFFERENTIAL FOR
CERTAIN GAMING OPERATOR LICENSEES LOCATED IN A CLASS A COUNTY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 60-2E-47 NMSA 1978 (being Laws 1997,
Chapter 190, Section 49, as amended) is amended to read:
"60-2E-47. GAMING TAX--IMPOSITION--ADMINISTRATION.--
A. An excise tax is imposed on the privilege of
engaging in gaming activities in the state. This tax shall be
known as the "gaming tax".
B. The gaming tax is an amount equal to:
(1) ten percent of the gross receipts of
manufacturer licensees from the sale, lease or other transfer
of gaming devices in or into the state, except receipts of a
manufacturer from the sale, lease or other transfer to a
.224115.1 underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
licensed distributor for subsequent sale or lease may be
excluded from gross receipts;
(2) ten percent of the gross receipts of
distributor licensees from the sale, lease or other transfer of
gaming devices in or into the state;
(3) ten percent of the net take of a gaming
operator licensee that is a nonprofit organization;
(4) thirteen percent of the net take of a
gaming operator licensee located in a class A county and within
a sixty-mile radius of three or more tribal casinos ; and
(5) twenty-six percent of the net take of
every other gaming operator licensee. [For the purposes of
this section, "gross receipts" means the total amount of money
or the value of other consideration received from selling,
leasing or otherwise transferring gaming devices. ]
C. The gaming tax imposed on a licensee is in lieu
of all state and local gross receipts taxes on that portion of
the licensee's gross receipts attributable to gaming
activities.
D. The gaming tax is to be paid on or before the
fifteenth day of the month following the month in which the
taxable event occurs. The gaming tax shall be administered and
collected by the taxation and revenue department in cooperation
with the board. The provisions of the Tax Administration Act
apply to the collection and administration of the tax.
.224115.1
- 2 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
E. In addition to the gaming tax, a gaming operator
licensee that is a racetrack shall pay twenty percent of its
net take to purses to be distributed in accordance with rules
adopted by the state racing commission. An amount not to
exceed twenty percent of the interest earned on the balance of
any fund consisting of money for purses distributed by
racetrack gaming operator licensees pursuant to this subsection
may be expended for the costs of administering the
distributions. A racetrack gaming operator licensee shall
spend no less than one-fourth percent of the net take of its
gaming machines to fund or support programs for the treatment
and assistance of compulsive gamblers.
F. A nonprofit gaming operator licensee shall
distribute at least sixty percent of the balance of its net
take, after payment of the gaming tax and any income taxes,
for charitable or educational purposes.
G. For the purposes of this section, "gross
receipts" means the total amount of money or the value of other
consideration received from selling, leasing or otherwise
transferring gaming devices. "
SECTION 2. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2023.
- 3 -
.224115.1