Section 68IAC24-3-16. Payment of gross gate receipts tax

   (a) It shall be the responsibility of the promoter of an event to pay the gross gate receipts tax required by IC 4-33-22-32(a)(2).

  (b) A promoter does not satisfy IC 4-33-22-32(a)(2) or this section until the promoter pays:

(1) five percent (5%) of the gross receipts from the face value of each ticket sold; and

(2) the required tax on complimentary tickets issued as prescribed in this rule.

  (c) Within five (5) business days after the conclusion of an event, the promoter must submit to the executive director or the executive director's designee either:

(1) the ticket audit from the ticket brokerage company being utilized by the promoter, which indicates the final number of tickets printed and sold in each ticket price range; or

(2) unsold printed tickets and ticket stubs, if the promoter utilized a ticket printing company.

  (d) Unaccounted for tickets will be subject to the five percent (5%) ticket tax required by IC 4-33-22-32(a)(2).

  (e) Unsold tickets must have the ticket stubs attached or the tickets will be considered sold for purposes of IC 4-33-22-32(a)(2).

  (f) The executive director or the executive director's designee shall serve the promoter with a financial reporting form detailing the total amount of the gross gate receipts tax to be paid.

  (g) The service of the financial reporting form will be sent to the promoter's last known:

(1) mailing address;

(2) electronic mail address; or

(3) facsimile number.

  (h) If a promoter fails to comply with the requirements in this section, the commission may seek:

(1) recovery of the tax revenue through the bond filed by the promoter under IC 4-33-22-32(b) and this rule; and

(2) disciplinary sanctions under IC 4-33-22 and IC 4-21.5.

(Indiana Gaming Commission; 68 IAC 24-3-16; filed Aug 28, 2012, 1:57 p.m.: 20120926-IR-068110385FRA)