NDAC 99-01.3-03-02
Gaming account
Cite as N.D. Admin. Code ยง 99-01.3-03-02
1.
An organization shall maintain all gaming accounts at financial institutions located in North
Dakota. These accounts must be used for depositing gaming funds and transferring net
proceeds to a trust account, except as provided by subsection 3. All gaming prizes paid for by
check, including cash and merchandise, must be paid from the gaming account. Transfers
must be made by the last day of the quarter following the quarter in which the net proceeds
were earned. The transfer date is the date the funds actually are received in the trust fund.
The amount transferred must be for an amount equal to or greater than the adjusted gross
proceeds, less gaming taxes, and less the greater of actual or allowable gaming expenses for
the quarter. The gaming account may be used for payment of gaming expenses. An
organization may transfer funds to its general account for payment of gaming expenses. If an
organization is not required to maintain a trust account, a disbursement of net proceeds to an
eligible use must be payable to the ultimate use or recipient. A payment may be made by
electronic transfer.
2.
Interest earned is other income and must be reported on a tax return as a positive adjustment
to gaming activity. A service fee is an expense.
3.
Organizations shall reimburse the gaming account as required by section 99-01.3-03-05 and
may deposit raffle nongaming funds, bingo dauber receipts, fees from players who use bingo
card marking devices, prizes paid by an insurance company to an organization for payment to
a player, and charity donations from a credit ticket voucher redemption kiosk. Any additional
deposit of nongaming funds into a gaming account must be communicated to the attorney
general within five business days of the deposit.