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2012 Indiana Attorney General Reports and Opinions 1 (2012)

handle is hein.sag/sagin0029 and id is 1 raw text is: STATE OF INDIANA
OFFICE OF THE ATTORNEY GENERAL
INDIANA GOVERNMENT CENTER SOUTH, FlIHE FLOOR
GREG ZOELLER              302 W. WASHINGTON STREET * INDIANAPOLIS, IN 46204-2770  TELEPHONE: 317.232.6201
INDIANA ATIORNEY GENERAL               www.AttorneyGeneral.INgov                   FAX: 317.232.7979
March 7, 2012
OFFICIAL OPINION 2012-1
Honorable Luke Kenley
State House
200 West Washington Street
Indianapolis, Indiana 46204
RE:    Taxation of Set Aside Amounts under Slot Machine Wagering Tax Law
Dear Senator Kenley,
By letter of February 1, 2012, you posed a question with respect to the Racino Law, which was
passed by the General Assembly in 2007 and authorizes additional gambling in the form of
electronic gaming devices, including slot machines, at horse race tracks (also known as
racinos). The Racino Law requires racinos to set aside an amount equal to 15% of each prior
month's adjusted gross receipts received from slot machine wagering (hereinafter set aside or
set aside amounts). Ind. Code § 4-35-7-12. The set aside amounts are deposited into fhnds
managed by the Indiana Horse Racing Commission, Id. Indiana's slot machine wagering tax,
Ind. Code § 4-35-8-1, imposes a graduated tax on the adjusted gross receipts a racino receives
from slot machine wagering. Your question is:
Whether set aside amounts under Ind. Code § 4-35-7-12 are subject to the
graduated wagering tax (i.e., the slot machine wagering tax) under Ind. Code § 4-
35-8-1?

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