Indian Casino Slots – Slot machines used at the Oneida Nation’s Turning Stone Resort Casino in Verona. The Oneidas pay 25 percent of nest revenues to the state.Brett Carlsen | bcarlsen@syracus
A proposed state study of all aspects of New York’s growing but unsustainable gambling industry covers this problem:
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Should gaming tax rates be the same for Indian and non-Indian casino and slot machine operations? (Indian nation casinos now pay less). And if so, what would the effect be?
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That question is one of the many in the state Gaming Commission’s request for proposals on a contract for a comprehensive investigation of the state’s gaming industry. The committee is currently reviewing the proposals and aims to award the contract before the end of the year. The results of the research will be available in June.
The study will also consider such questions as the expansion of full-service casinos in New York City and other Downstate areas where they currently do not work. It will look at a potential expansion of sports betting, which has recently started at several Upstate casinos.
The question of unequal taxes on Indian and non-Indian gaming is a hot-button issue throughout Upstate New York. Critics say it gives casinos operated by Indian nations an unfair advantage. Indian nations claim that as sovereign nations they have the right to negotiate with the state for various agreements known as treaties.
Agreements between the state and three Indian nations – the Oneidas, Senecas and Akwesasne Mohawks – provides for a gaming tax of 25 percent of slot machine revenue. Those three nations operate seven full-service casinos throughout Upstate New York. (Seneca is in a long-running dispute with the state over its settlement payments, which it says have expired.
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Upstate New York’s four commercial, non-Indian casinos pay more in slot machine taxes. And, unlike Indian casinos, they also have to pay tax on income from table games and sports betting.
And four commercial casinos, all of which opened in the past three years, do not pay the same gaming tax:
– Del Lago Resort & Casino, near Waterloo in the Finger Lakes, and Tioga Downs, in Nichols west of Binghamton in the South Side pay the same amount: 37% of electronic table game revenue and 10% of table games and revenue. sports betting. .
– Resorts World Catskills at Monticello in Sullivan County, the largest of the four, accounts for 39% of electronic table game revenues and 10% of table games and sports betting revenues.
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– Rivers Casino & Resort & Resort in Schenectady pays the most: 45% of slot/electronic gaming revenue and 10% of table game and sports betting revenue.
Gaming tax paid by casinos goes to each host state and province and municipality.
The language in the state’s request to retailers for gambling education contains an analysis of “the effect of changing tax rates for existing video lottery and existing commercial casino games and activities, including … an assessment of the effects of equalization There are rates for video lottery, games, commercial casino games and Indian gaming activities.
The four commercial casinos were opened under the terms of a 2013 law that allows the state to allow full-service casinos in areas that are not covered by gaming treaties with Indian nations. Full service casinos are those that offer slots, table games and other facilities such as restaurants, entertainment venues and hotels. They are also known as “Vegas style” casinos.
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But the four new casinos have difficulty getting the revenue they promised the state when they applied for their licenses. Financial problems are particularly acute at del Lago, which has had its credit rating lowered twice, and at Resorts World Catskills, which is losing money this summer and is considering bankruptcy protection. Both have recently had ownership changes in talks with investors hoping to turn things around.
Some of the commercial casinos, including Rivers and del Lago, have also asked the state for tax benefits.
– Turning Stone Resort Casino in Verona, Point Place Casino in Bridgeport and Yellow Brick Road Casino in Chittenango, all operated by the Oneida Indian Nation.
Oneidas, which recently announced an expansion at Point Place, issued a statement reserving its right to negotiate different settlement terms. It is related to the concept of “tariff (tax) balance”.
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“Since opening our doors, there has been an ongoing effort by commercial casinos to change carefully crafted state gaming rules that would be confusing and confusing,” Joel Barkin, Oneida’s vice president for communications, said in an email from Syracuse. .com. “‘Rate Equalization’ is just a fancy term for bailouts – it’s a scheme to get a helping hand from companies that have mismanaged their finances. The current regulations were the product of months of negotiations, and the Oneida people made significant financial and legal sacrifices to reach an agreement with the state and counties, at a significant cost to our operations. The Oneida Indian Nation has held up its end of the bargain and is now proud to receive more than $70 million this year to give to the state and counties only, and we never wanted to leave the contract. In contrast, commercial casinos have made huge and unrealistic promises to their shareholders and to the region, then consistently failed to meet their obligations. Their solution is to put our houses in order, not another gift. they a tax that can take even more public revenue from our state.”
Don Cazentre writes about Upstate NY casinos for NYup.com, syracuse.com and The Post-Standard. Reach him at dcazentre@nyup.com, or follow him at NYup.com, on Twitter or Facebook.
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