October 17, 2019
Poarch Creek Casino Operation Is Clear
We “Are Exempt From State and Local Taxes”
The Poarch Creek Casino Operation (PCCO) issued a statement yesterday in which they said, “We continue to pay taxes, like all legal, responsible businesses do.”
Not only is this statement factually incorrect - PCCO pays no taxes on gambling revenue - they have gone to federal court to keep from paying taxes and to challenge anyone’s right to attempt to collect taxes.
In Escambia County in 2015, the county attempted to collect taxes from the PCCO. The Poarch casinos went to federal court to prevent the county from collecting.
According to official court filings in the case (1:15-cv-00277-CG-C), the casino operators assert at least 10 separate times that they are not required to pay taxes and any attempt to collect taxes from them is illegal.
Statements in PCI Complaint:
Poarch vs. Hildreth - Amended Complaint
“. . . not subject to state or local control or jurisdiction.”
“. . . any assertion of state or local taxing jurisdiction or authority…violates federal law, infringes tribal sovereignty…”
“ . . . assessment of local property taxes . . .constitutes and affects an impermissible and unlawful interference with the Tribe’s sovereignty . . .”
"Assessment of local property taxes . . .an invasion and irreparable injury to the tribe’s sovereignty.”
Statements in PCI Reply Brief in Support of Preliminary Injunction:
“. . . as set forth in the Poarch Band’s principal brief...(PCI) ‘shall be exempt from State and local taxation.”
“ . . . the Poarch Band’s Trust Lands, are exempt from state and local taxation.”
“ . . . (this case) explicitly bars state and local taxation . . .”
Statements in PCI Motion to Dismiss:
Poarch vs. Hildreth - Motion to Dismiss
“The Poarch Band filed this suit to enjoin Defendant from proceeding with his threatened assessment of taxes . . . ”
“Federal law, however, expressly forbids state or local taxation of the Poarch Band’s trust property.”
Statements in Motion for Judgment on the Pleadings:
Poarch vs. Hildreth - Motion for Judgement on the Pleadings
"The Poarch Band is entitled. . . to (1) a declaration that the lands. . .are exempt from state and local taxes; and (2) a permanent injunction barring the Defendant from assessing such taxes on those lands."
As shown, PCI does not pay taxes like other Alabama businesses as they have falsely stated. Nor do they believe that they should. And they will fight you if you try to tax them.
That’s wrong and it’s unfair. It’s time we all played by the same rules.
For documents from the Escambia County Federal lawsuit, additional PCI gaming facts and information regarding PCI taxation, please visit www.poarchaccountability.com
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