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[ Status Procedures Manual - TOC ] [ Ch 1 - New Accounts ] [ Ch 2 - Changes to Accounts ] [ Ch 3 - Special Accounts ] [ Ch 4 - Other Units, Sections & Departments ] [ Ch 5 - Letters ] [ Ch 6 - Investigations & Assistance ] [ Ch 7 - Partial Transfer Applications ] [ Ch 8 - Traces ] [ Ch 9 - Special Reporting Situations ] [ Ch 10 - Account Numbers ] [ Ch 11 - Appeals Decisions and Hearings ] [ Ch 12 - Document Processing ] [ Ch 13 - Error Reports & Query List Instructions ] [ Ch 14 - Tax Performance System ] [ Ch 15 - Experience Rating Unit ] [ Ch 16 - SUTA Dumping Detection ]
[ 6.1 - Status Transaction Error Sheet & Assisting Field Tax Examiners ] [ 6.2 - Bingo ] [ 6.3 - C-3s Reflecting No Liability ] [ 6.4 - Community Property ] [ 6.5 - Complaints of Noncompliance ] [ 6.6 - Contract Labor ] [ 6.7 - Field Tax Assignments ] [ 6.8 - Magnetic Media Assistance ] [ 6.9 - Open Records Act ] [ 6.10 - Out-of-State Agency Assistance ] [ 6.11 - Common Paymaster and Payrolling ] [ 6.12 - Requesting Help from another State ] [ 6.13 - Requests for Walk-in Assistance ] [ 6.14 - Returned Mail ] [ 6.15 - Staff Leasing ] [ 6.16 - Statute of Limitations ] [ 6.17 - Signatures ] [ 6.18 - 940 Assignments ]

Chapter 6:  Investigations & Assistance


comments to: Tax Department

6.2     Bingo

[ 6.2.1 - Bingo Operations ] [ 6.2.2 - Bingo & Liability under TUCA ] [ 6.2.3 - Joint Employment of Bingo Employees]

6.2.1     Bingo Operations

The Texas Bingo Enabling Act mandates that bingo in Texas can only be operated by an organization licensed by the Texas Lottery Commission and must be a religious society, a nonprofit organization (501(c)(3)), a fraternal organization, a veterans' organization, or a volunteer fire department.

Churches which operate bingo activities are exempt under Section 201.066 of the TUCA. Churches are not permitted to volunteer under Section 201.024 even if their only payroll activity is for bingo operations.

6.2.2     Bingo and Liability under TUCA

Organizations which operate bingo activities are treated the same as any other employer. The TUCA contains no exemption for organizations operating bingo or their employees. The licensed organization is the employer for TWC purposes and is required by the Texas Lottery Commission to:

  1. Designate an operator (one or more 2-year members of the licensed organization) to run the bingo operation.

  2. Maintain a separate bank account for all bingo activities;

  3. Renew their license annually; and

  4. Report the name, social security number, driver's license number, and address of each person who will work at the bingo games as well as the nature of the work to be performed.

    License Renewal: Each year the Licensed Authorized Organization must renew their license in order to keep operating. At that time the application must include the name, social security number, driver’s license number and address of each person who will work at the proposed bingo games and the nature of the work to be performed.

    Texas Lottery Commission will also license individuals or organizations as an ‘Authorized Commercial Lessor’. The lessor will only lease bingo premises to a Licensed Organization, and will not have any involvement with the bingo workers.

    Employment status of workers will be determined by an examination of the facts in each case.

6.2.3     Joint Employment of Bingo Employees

Until September 1, 2003, The Texas Bingo Enabling Act required that employers maintain separate tax accounts for each legal entity. The 78th Legislature amended the Bingo Enabling Act as follows:

"Two or more licensed authorized organizations conducting bingo at the same premises may jointly hire bingo employees. One organization may act as the employee's employer and the other organization may reimburse the employing organization for the other organization's share of the employee's compensation and other employment-related costs. A reimbursement under this section is an authorized expense and must be made from the bingo account of the reimbursing organization."

Therefore, when two or more licensed authorized organizations, which conduct bingo on the same premises, jointly hire bingo employees they may be established as a single entity for tax purposes. If two or more licensed authorized organizations, which conduct bingo operations on the same premises, move their employees into a single tax account, it will be treated as an acquisition.

Total and partial acquisitions of bingo operating entities will be treated in accordance with established Status procedures at the time the acquisition occurred.

Any bingo operating entity established under this procedure that holds a 501(c)(3) exemption will be provided with the option of being a taxed employer or a reimbursing employer in accordance with specific Status procedures.

Non-profit organizations which hold a 501(c)(3) exemption with IRS must have four or more employees in twenty weeks or volunteer to be liable for the state unemployment tax. See Chapter 1 - "New Accounts 201.023" and "New Accounts 201.024".

Other non-profit organizations must pay gross wages of $1,500 in a calendar quarter, have one or more employees in twenty weeks or volunteer to be liable for the state unemployment tax. See Chapter 1- "New Accounts 201.021" and "New Accounts 201.024".

Churches which operate bingo activities are exempt under Section 201.066 of the TUCA. Churches are not permitted to volunteer under Section 201.024 even if their only payroll activity is for bingo operations.


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Texas Workforce Commission  |  Unemployment Tax

Last Revision: October 19, 2011