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Frequently Asked Questions Related to Gambling

Question: Can you write off non-winnings on your taxes?

Answer: Always check with your financial/tax advisor concerning your taxes.

Question: Why doesn't a casino have to comply with local and state zoning?

Answer: Although states and local governments generally have the right to regulate persons and activities within their borders, and Indian reservations are contained within such borders, the United States Constitution gives Congress the exclusive authority over Indian affairs. Unless Congress specifically authorizes a state to apply its laws within an Indian reservation, it may not do so. However, in the IGRA, Congress declared that the construction and maintenance of tribal gaming facilities must adequately protect the environment and the health and safety of tribal casino employees and patrons. The Commission ensures that these provisions of the IGRA are implemented.

Question: What is the difference between Class II and Class III gaming?

Answer: In the IGRA, Congress included the definition of Class II gaming as follows: bingo; when played in the same location as bingo ¾ pull tabs, lotto, punch boards, tip jars, instant bingo, other games similar to bingo; and non-house banked card games authorized or not explicitly prohibited by the state in which the tribal operation is located. All other games are Class III, except for certain social or traditional forms of gaming. Class III games include, but are not limited to the following: baccarat, chemin de fer, blackjack, slot machines, and electronic or electromechanical facsimiles of any game of chance. The NIGC Office of General Counsel reviews games on request by a tribe or a game developer and issues advisory opinions on whether they are Class II or Class III. To facilitate distinguishing the classes of gaming, the NIGC plans to develop a regulation to establish technical classification standards.

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