110 HR 2607 IH: To amend the Internal Revenue Code of 1986 to regulate U.S. House of Representatives 2007-06-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I 110th CONGRESS 1st Session H. R. 2607 IN THE HOUSE OF REPRESENTATIVES June 7, 2007 Mr. McDermott introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to regulate internet gambling.
1.
Short title
This Act may be cited as the Internet Gambling Regulation and Tax Enforcement Act of 2007.
2.
Federal licensing requirement for internet gambling operators
(a)
In general
Chapter 36 of the Internal Revenue Code of 1986 (relating to certain other excise taxes) is amended by adding at the end the following new subchapter: E
Internet gambling operators
Sec. 4491. Definitions.
4491.
Definitions
For purposes of this subchapter, the following definitions shall apply: (1)
Director
The term director means the Director of the Financial Crimes Enforcement Network. (2)
Bet or wager
The term bet or wager shall have the same meaning as in section 5362(1) of chapter 53 of title 31, United States Code. (3)
Licensee
The term licensee shall mean an Internet gambling operator licensed by the Director in accordance with this subchapter. (4)
Internet
The term Internet means the international computer network of interoperable packet switched data networks. (5)
License fees
(A)
License fee
(i)
In general
Each licensee shall be required to pay to the Director during each 30-day period of operation a license fee of 2 percent of all funds deposited with or on behalf of the licensee by any person for the purpose of placing a bet during the preceding 30-day period. (ii)
Disposition
Amounts collected by the Director as license fees shall be deposited in the general fund of the Treasury and treated as revenue. (B)
Direct and exclusive obligation of licensee
The license fee shall be the direct and exclusive obligation of the licensee and may not be deducted from the amounts available as deposits to the person placing a bet. (6)
Approval of license
The Director shall grant licenses under this subchapter if, in the Director’s sole discretion, the applicant meets the criteria set by the Director and is generally fit to engage in the business of Internet gambling. (7)
Safeguards required of licensee
No person shall receive a license under this section unless the person implements the following requirements with respect to any Internet bet or wager— (A)appropriate mechanisms to ensure that all taxes relating to Internet gambling due to Federal and State governments from individuals engaged in Internet gambling are collected at the time of any payment of any proceeds of Internet gambling; (B)appropriate mechanisms to ensure that all taxes relating to Internet gambling due to Federal and State governments from any persons licensed under this Act are collected as required by law; and (C)appropriate mechanisms to ensure that the license fee is paid to the Director under subsection (e).
. (b)
Clerical amendment
The table of subchapters for chapter 36 of such Code is amended by adding at the end the following new subchapter: Subchapter E. Internet gambling operators. . (c)
Effective date
The amendments made by this section shall take effect on January 1, 2008.