Australian Capital Territory Numbered Regulations

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INTERACTIVE GAMBLING REGULATIONS (NO. 31 OF 1998) - REG 12

Calculation of interactive gambling tax

(1)     For the purposes of subsection 83 (2) of the Act, the interactive gambling tax payable by a licensed provider in respect of authorised games conducted by him or her during a month is an amount equal to the total of—

        (a)     the Territory component calculated in accordance with subregulation (2);

        (b)     the participating jurisdictions component calculated in accordance with subregulation (3); and

        (c)     the non-participating jurisdictions component calculated in accordance with subregulation (4).

(2)     The Territory component of interactive gambling tax for an authorised game is the amount calculated using the following formula:

where—

    ACTC     is the Territory component of interactive gambling tax for the game;

    GP     is the gross profit of the game;

    ACTGT     is the part of the gambling turnover for the game attributable to the total of the amounts wagered by Territory residents;

    ACTR     is—

        (a)     if the game is a game to which a gaming Act applies—the rate of tax specified in that Act for the game; or

        (b)     where paragraph (a) does not apply—50%; and

    GT     is the gambling turnover for the game.

(3)     The participating jurisdictions component of interactive gambling tax for an authorised game is the total of the amounts calculated using the following formula in relation to each participating jurisdiction:

where—

    PJC     in relation to a participating jurisdiction, is the participating jurisdictions component of interactive gambling tax for the game;

    GP     is the gross profit of the game;

    PJGT     in relation to a participating jurisdiction, is the part of the gambling turnover for the game attributable to the amount wagered by residents of the jurisdiction;

    PJR     in relation to a participating jurisdiction, is—

        (a)     if a rate of tax is specified in or under the corresponding law of the jurisdiction—the rate of tax payable on a wager in the game made by a resident of the jurisdiction is the rate of tax specified in that law;

        (b)     if no rate of tax is specified in or under the corresponding law and a law of the jurisdiction regulating gambling applies to the game—the rate of tax (if any) specified in that law; or

        (c)     if paragraphs (a) and (b) do not apply—50%; and

    GT     is the gambling turnover for the game.

(4)     The non-participating jurisdictions component of the interactive gambling tax for the game shall be calculated using the following formula:

where—

    NJC     is the non-participating jurisdictions component of interactive gambling tax for the game;

    GP     is the gross profit of the game;

    NJGT     is the part of the gambling turnover for the game attributable to the amount wagered by residents of non-participating jurisdictions;

    ACTR     is—

        (a)     if the game is a game to which a gaming Act applies—the rate of tax specified in that Act for the game; or

        (b)     where paragraph (a) does not apply—50%; and

    GT     is the gambling turnover for the game.

(5)     In this regulation—

“gaming Act” means—

        (a)     the Bookmakers Act 1985 ;

        (b)     the Casino Control Act 1988 ;

        (c)     the Gaming Machine Act 1987 ;

        (d)     the Lotteries Act 1964 ; and

        (e)     the Pool Betting Act 1964 .



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