KRS 138.530 — Administration and collection of tax -- Remittances -- Reports -- Books -- Records -- Distribution of tax revenue generated under KRS 138.513

(1) The department shall enforce the provisions of and collect the tax and penalties
imposed and other payments required by KRS 138.510 to 138.550, and in doing so
it shall have the general powers and duties granted it in KRS Chapters 131 and 135,
including the power to enforce, by an action in the Franklin Circuit Court, the
collection of the tax, penaltie s and other payments imposed or required by KRS
138.510 to 138.550.
(2) (a) The remittance of the taxes imposed by KRS 138.510 shall be made weekly to
the department no later than the fifth business day, excluding Saturday and
Sunday, following the close of each week of racing, during each race meeting,
and following the close of each week when historical horse races are
conducted, and shall be accompanied by reports as prescribed by the
department.
(b) Except as otherwise provided in KRS 138.510 to 138.550 , all funds received
by the department from the taxes imposed by KRS 138.510 shall be paid into
the State Treasury and shall be credited to the general fund.
(c) The supervisor of pari -mutuel betting appointed by the corporation shall
weekly, during each r ace meeting, and during each week when historical
horse races are conducted, report to the department the total amount bet or
handled the preceding week and the amount of tax due the state thereon, under
the provisions of KRS 138.510 to 138.550.
(d) The supervisor of pari -mutuel betting appointed by the corporation or his or
her duly authorized representatives shall, at all reasonable times, have access
to all books, records, issuing or vending machines, adding machines, and all
other pari-mutuel equipment for the purpose of examining and checking the
same and ascertaining whether or not the proper amount or amounts due the
state are being or have been paid.
(e) Every person, corporation, or association required to pay the tax imposed by
KRS 138.510 shall ke ep its books and records so as to clearly show by a
separate record the total amount of money contributed to every pari -mutuel
pool.
(3) (a) The remittance of the tax imposed by KRS 138.513 shall be made weekly to
the department no later than the first bus iness day of the week next
succeeding the week during which the wagers forming the base of the tax
were received.
(b) Along with the remittance of the tax, each advance deposit account wagering
licensee shall file a return that includes the information req uired by the
department.
(c) Every advance deposit account wagering licensee shall keep its books and
records in such a manner that:
1. Kentucky residents having accounts with the advance deposit account
wagering licensee can be individually identified and their identity and
residence verified; and
2. The amount wagered through each account held by a Kentucky resident
and the date of each wager can be determined and verified.
(d) All books and records of the advance deposit account wagering licensee
required by paragraph (c) of this subsection and any books and records that
the department requires a licensee to maintain through promulgation of an
administrative regulation shall be open to inspection by the department and
the corporation.
(e) All revenue received by the department from the tax imposed by KRS
138.513 shall be distributed as follows:
1. Fifteen percent (15%) shall be distribute d to the Commonwealth and
credited to the general fund; and
2. a. Eighty-five percent (85%) of revenue received from a wager
placed on a race conducted at a track in Kentucky shall be
distributed to the association that conducted the race;
b. Eighty-five p ercent (85%) of revenue received from a wager
placed on a race conducted at a track outside Kentucky shall be
distributed to the Kentucky track that is recognized as the host
track by the corporation at the time the wager is placed. However,
if a wager subject to the tax imposed by KRS 138.513 is placed on
a race conducted at a track outside Kentucky, and the individual
placing the wager has registered an address with the advance
deposit account wagering licensee that is within twenty -five (25)
miles of a K entucky track, the association licensed by the
corporation to operate that track shall receive the tax revenue
derived from that wager; and
c. An association receiving distributions under subdivisions a. and b.
of this subparagraph shall allocate one -half (1/2) of the amount
distributed to its purse account.