RS 625 - State tax; levy
A. There is hereby levied a ten percent tax upon the net gaming proceeds from sports wagering offered to consumers within this state pursuant to this Title conducted onsite at a licensed sports wagering establishment. Any sports wagering conducted through a mobile application or a website on the premises of a licensed sports wagering establishment shall be considered electronic wagering and shall be taxed pursuant to Subsection B of this Section.
B. There is hereby levied a fifteen percent tax upon the net gaming proceeds from sports wagering offered to consumers within this state pursuant to this Title electronically through a website or mobile application. The provisions of this Subsection shall not apply to electronic sports wagering conducted through a sports wagering mechanism.
C. Within twenty days of the last day of each calendar month the division shall collect the taxes imposed pursuant to the provisions of this Section for the immediately preceding calendar month.
D. All taxes collected by the division pursuant to this Section shall be forwarded upon receipt to the state treasurer for immediate deposit into the state treasury. Funds deposited into the treasury shall first be credited to the Bond Security and Redemption Fund in accordance with Article VII, Section 9(B) of the Constitution of Louisiana.
E. In a month when the amount of net gaming proceeds of an operator from sports wagering is a negative number, the operator may carry over the negative amount to the return filed for the subsequent month. However, no amount shall be carried over in any period more than twelve months after the month in which the amount carried over was originally due.
F. The provisions of this Section shall not apply to any sports wagering offered in this state by the Louisiana Lottery Corporation pursuant to Title 47 of the Louisiana Revised Statutes of 1950.
G. After complying with the provisions of Subsection D of this Section, each fiscal year the state treasurer shall credit the following amounts to the following funds:
(1) Two percent of the monies collected pursuant to this Section, or five hundred thousand dollars, whichever is greater, shall be credited to the Behavioral Health and Wellness Fund established by R.S. 28:843.
(2) Twenty-five percent of the monies collected pursuant to this Section, not to exceed twenty million dollars, shall be credited to the Louisiana Early Childhood Education Fund established by R.S. 17:407.30.
(3) Ten percent of the monies collected pursuant to this Section shall be credited to the Sports Wagering Local Allocation Fund established by R.S. 27:628.
(4) Two and one-half percent of the monies collected pursuant to this Section shall be credited to the Sports Wagering Purse Supplement Fund established by R.S. 4:199. Monies in the Sports Wagering Purse Supplement Fund shall only be withdrawn pursuant to an appropriation by the legislature and monies shall be appropriated to the Louisiana State Racing Commission solely for the uses and in proportion provided in R.S. 4:199.
(5) Two percent of the monies collected pursuant to this Section, not to exceed five hundred thousand dollars, shall be credited to the Disability Affairs Trust Fund established by R.S. 46:2583.
(6) Any remaining funds shall be available as state general funds.
Acts 2021, No. 80, §3, eff. July 1, 2021; Acts 2021, No. 435, §1, eff. June 21, 2021.