s 146 Payment of casino tax
146.—(1) A casino operator must pay to the Comptroller a casino tax every month during which the casino operator holds a casino licence. (2) The amount of casino tax payable under subsection (1) is —(a) 12% of the gross gaming revenue for the month from premium players; and[Act 1 of 2022 wef 01/03/2022] (b) 22% of the gross gaming revenue for the month from any other player.[Act 1 of 2022 wef 01/03/2022] (3) Despite subsection (2), the following rates of casino tax apply to a casino operator for any period during the moratorium period if the casino operator satisfactorily meets the targets relevant to the development of the facilities and services of the casino operator’s integrated resort as are specified, at the start of the moratorium period, for that casino operator by the Minister charged with the responsibility for tourism development and promotion:(a) with respect to the monthly gross gaming revenue from premium players —(i) 8% of the gross gaming revenue from premium players, for the first $2.4 billion of the gross gaming revenue in a year; and (ii) 12% of the gross gaming revenue from premium players, for the gross gaming revenue in excess of $2.4 billion in the year; (b) with respect to the monthly gross gaming revenue from any other players —(i) 18% of the gross gaming revenue from any other players, for the first $3.1 billion of the gross gaming revenue in a year; and (ii) 22% of the gross gaming revenue from any other players, for the gross gaming revenue in excess of $3.1 billion in the year.[Act 1 of 2022 wef 01/03/2022] (3A) Despite subsection (3), the Comptroller may make an assessment or additional assessment in the prescribed manner, at the rates of tax specified in subsection (2), upon a casino operator for any gross gaming revenue during any period during the moratorium period where it appears to the Comptroller that the amount of gross gaming revenue ought not to have been charged with casino tax at the rates of tax specified in subsection (3) because the Minister charged with the responsibility for tourism development and promotion has determined that the casino operator does not, or failed to, satisfactorily meet any of the targets relevant to the development of the facilities and services of the casino operator’s integrated resort that are specified under subsection (3) for that casino operator.[Act 1 of 2022 wef 01/03/2022] (3B) If subsection (3A) applies, the Comptroller must also add to any assessment or additional assessment of casino tax interest, at the prescribed rate, on the amount of casino tax that ought not to have been exempted.[Act 1 of 2022 wef 01/03/2022] (3C) However, the Comptroller must not make any assessment or additional assessment under subsection (3A) or exercise any power under subsection (3B) more than 12 months after any determination that the casino operator does not, or failed to, satisfactorily meet any of the targets relevant to the development of the facilities and services of the casino operator’s integrated resort that are specified under subsection (3) for that casino operator.[Act 1 of 2022 wef 01/03/2022] (3D) A reference in sections 146C, 146D and 146E to an assessment under section 146B includes a reference to an assessment or additional assessment made under subsection (3A).[Act 1 of 2022 wef 01/03/2022] (4) The Minister may make regulations —(a) prescribing the time and manner of payment of the casino tax; (b) prescribing the returns, declarations, statements or forms to be submitted by a casino operator, and the time and manner of such submissions; (c) prescribing the records to be kept by a casino operator to determine the gross gaming revenue (from premium players or otherwise) for each month; (d) prescribing the treatment of losses, including the carrying forward or set-off of losses, in respect of gross gaming revenue; (e) prescribing the requirements for an audit of a casino operator relating to the casino tax payable by the casino operator, whether by an internal auditor or an external auditor or both; (f) prescribing the obligations of a casino operator for the purposes of classifying or verifying the gross gaming revenue from premium players; and (g) generally to give effect to the provisions of this Part.[22/2009; 36/2012] (5) Regulations made under this section may provide —(a) that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both; and (b) that if any return required under this Part (including regulations made under this Part) is not made by a casino operator within the prescribed accounting period, the casino operator shall be liable to a penalty not exceeding $1,000 for each day that it continues not to submit the return, up to a total penalty not exceeding $10,000.[22/2009] (6) In this Part —“Board of Review” means the Board of Review appointed under section 78 of the Income Tax Act 1947; “gross gaming revenue”, in relation to a casino operator, means the amount determined by the formula A – B, where —(a) A is the aggregate of the amount of net wins received on all games conducted by the casino operator or conducted within the casino premises of the casino operator; and (b) B is the amount of goods and services tax chargeable by the casino operator under the Goods and Services Tax Act 1993 in respect of all gaming supplies made by the casino operator; “Minister” means the Minister for Finance; “moratorium period” means a period of 10 years starting 1 March 2022;[Act 1 of 2022 wef 01/03/2022] “net win”, in relation to a casino operator, means —(a) in respect of any game or type of game where the casino operator is a party to a wager, the difference between the amount of bets received by the casino operator on the game and the amount paid out by the casino operator as winnings on the game, derived by such method or formula as may be prescribed in respect of that game or type of game; and (b) in respect of any game conducted within the casino premises where the casino operator is not a party to a wager, the amount determined by the aggregate value of all consideration in money or money’s worth received by the casino operator for conducting, or allowing the conduct of, the game; “winnings” includes any non-monetary prize.[22/2009; 36/2012]