Casino Control Act 2006 (Singapore)/Part IX

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PART IX
CASINO TAX

Payment of casino tax

146.—(1) A casino operator shall 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) shall be—

(a) 5% of the gross gaming revenue for the month from premium players; and

(b) 15% of the gross gaming revenue for the month from any other player.

(3) The rates of tax specified in subsection (2) shall not be increased for a period of 15 years commencing from the date on which a second site for a casino is designated by an order made under section 2(2).

(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;

(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; and

(d) generally to give effect to the provisions of this Part.

(5) Regulations made under this section may provide 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.

(6) In this Part—

“Comptroller” means the Comptroller of Income Tax appointed under section 3(1) of the Income Tax Act (Cap. 134);

“gross gaming revenue”, in relation to a casino operator, means the amount determined by

A – B – C,

where A is the amount of bets received on all games by the casino operator;

B is the amount paid out as winnings on all games by the casino operator; and

C is the amount of goods and services tax payable by the casino operator in respect of transactions involving betting, sweepstakes, lotteries, fruit machines or gaming under the Goods and Services Tax Act (Cap. 117A);

“Minister” means the Minister for Finance.

Penalty for late payment

147.—(1) If any casino tax that is due and payable is not paid by a casino operator by the prescribed time, a penalty equal to 5% of the amount of casino tax payable shall be added thereto and be due and payable.

(2) If the amount of casino tax outstanding is not paid by a casino operator within one calendar month of the imposition of the penalty as provided by subsection (1), an additional penalty of 5% of the casino tax outstanding shall be payable for each completed month that the casino tax remains unpaid, but the total additional penalty shall not exceed 50% of the amount of casino tax outstanding.

(3) Any penalty imposed under this section shall be recoverable as if it were casino tax due and payable under this Part.

Recovery of tax

148.—(1) Casino tax due and payable under this Part shall be recoverable as a debt due to the Government and the Comptroller may, in his own name, sue for such tax by way of a specially endorsed writ of summons.

(2) In any proceedings referred to in subsection (1), the production of a certificate signed by the Comptroller stating the amount of any casino tax due by a casino operator shall be sufficient evidence of the amount so due and sufficient authority for the court to give judgment for that amount.

Repayment of tax

149.—(1) If it is proved to the satisfaction of the Comptroller that a casino operator has paid casino tax in excess of the amount payable under this Part, that casino operator shall be entitled to have the amount so paid in excess refunded.

(2) Every claim for repayment under this section shall be made within 6 years from the payment of the casino tax claimed to be paid in excess.

Evasion of tax

150.—(1) Any person who wilfully with intent to evade or to assist any other person to evade casino tax—

(a) makes any false statement, declaration or entry in any return made under this Part or the regulations;

(b) gives any false answer, whether verbally or in writing, to any question or request for information asked or made in accordance with this Part;

(c) prepares or maintains or authorises the preparation or maintenance of any false record or falsifies or authorises the falsification of any record; or

(d) makes use of any fraud, art or contrivance or authorises the use of any such fraud, art or contrivance,

shall be guilty of an offence for which, on conviction, he shall pay a penalty of 4 times the amount of casino tax which has been underpaid and shall also be liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 5 years or to both.

(2) Where an individual has been convicted for 2 or more offences under this section, the imprisonment he shall be liable to shall not be less than 6 months.

(3) Where in any proceedings under this section it is proved that any false statement or entry is made in any record maintained by or on behalf of any person, that person shall be presumed, until the contrary is proved, to have made that false statement or entry with intent to evade casino tax.

Power of Comptroller to obtain information

151.—(1) The Comptroller may exercise his powers under sections 65, 65A and 65B of the Income Tax Act (Cap. 134) generally for the purpose of this Part.

(2) Any person who fails or neglects without reasonable excuse to comply with any notice issued by the Comptroller under section 65 or 65A of the Income Tax Act or any requirement of the Comptroller under section 65B of that Act for the purpose of this Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

Composition of offences by Comptroller

152.—(1) The Comptroller may compound any offence under section 150 by collecting from a person reasonably suspected of having committed the offence a sum not exceeding 4 times the amount of casino tax underpaid.

(2) The Comptroller may compound any offence under section 151 and the regulations made under section 146 by collecting from a person reasonably suspected of having committed the offence a sum not exceeding $5,000.