Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 25 - Indians |
Chapter III - National Indian Gaming Commission, Department of the Interior |
SubChapter A - General Provisions |
Part 514 - Fees |
§ 514.4 - How does a gaming operation calculate the amount of the annual fee it owes?
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§ 514.4 How does a gaming operation calculate the amount of the annual fee it owes?
(a) The amount of annual fees owed shall be computed using:
(1) The most recent rates of fees adopted by the Commission; and
(2) The assessable gross revenues for the gaming operation's assessed fiscal year.
(b) Assessed fiscal year means the gaming operation's fiscal year ending prior to January 1 of the year the Commission adopted fee rates.
(c) For purposes of computing fees, assessable gross revenues for each gaming operation are the total amount of money wagered on class II and III games, plus entry fees (including table or card fees), less any amounts paid out as prizes or paid for prizes awarded, less any amounts wagered that the gaming operation issued as promotional credits, and less an allowance for capital expenditures for structures as reflected in the gaming operation's audited financial statements.
(d) Tier 1 assessable gross revenues are the first $1,500,000 of the assessable gross revenues from each gaming operation. Tier 2 assessable gross revenues are the amounts in excess of the first $1,500,000 of the assessable gross revenues from each gaming operation.
(e) The allowance for capital expenditures for structures shall be either:
(1) An amount not to exceed 5% of the cost of structures in use throughout the assessed fiscal year and 2.5% of the cost of structures in use during only a part of the assessed fiscal year; or
(2) An amount not to exceed 10% of the total amount of depreciation expenses for the assessed fiscal year.
(f) Unless otherwise provided by regulation, generally accepted accounting principles shall be used.
[83 FR 2905, Jan. 22, 2018, as amended at 87 FR 54367, Sept. 6, 2022]