H.R. 2607

Internet Gambling Regulation and Tax Enforcement Act of 2007

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Contents

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.