Does New York State Tax Gambling Winnings

Mandatory Withholding Tax on Certain Gambling Winnings General Chapter 61 of the Laws of 1989 amended the Tax Law and the Administrative Code of the City of New York to require withholding of New York State, City of New York and City of Yonkers personal income taxes on certain gambling winnings. Deductions from losses that exceed your winnings still are not allowed. Supreme Court ruled in 1987 in the case of Commissioner vs. Groetzinger that deductions for losses cannot exceed the income from winnings. If you regularly pursue gambling with the intention of making a profit, then it’s effectively your day-to-day job. Lottery winnings are considered ordinary taxable income for both federal and state tax purposes. That means your winnings are taxed the same as your wages or salary. And you must report the entire amount you receive each year on your tax return. For example, let’s say you elected to receive your lottery winnings in the form of annuity. The tax imposed under section 3402 (q) (1) and this section shall not apply (i) with respect to a payment of winnings which is made to a nonresident alien individual or foreign corporation under the circumstances described in paragraph (c) (4) of this section or (ii) with respect to a payment of winnings from a slot machine play, or a keno or bingo game.

Does New York State Tax Gambling Winnings 2019

If you win a sweepstakes or contest prize, you will owe income taxes to Uncle Sam and perhaps your state. Prizes are considered taxable income regardless of whether the prize is in the form of cash, trips or merchandise. If you win a prize valued over $600, the sweepstakes or contest sponsor must report the value to you and the Internal Revenue Service on a Form 1099-MISC. You’re still supposed to report and pay tax on prizes under $600.

Addition to Income

Prizes and awards will increase your tax bill, but the question of how much depends on the value of the winnings and the amount of your other income. Prizes are taxed as ordinary income. That means you add the prize value to the income you received from your job and other sources during the year. Sometimes, a sponsor will include a cash award to help cover taxes on the prize, but the cash also is taxable income to the winner. The prize value will increase your federal adjusted gross income, which likely will increase your net taxable income after you take your exemptions and deductions. The prize win could push you into a higher tax bracket. Your federal adjusted gross income is the starting point for most state income tax returns so the value of the sweepstakes prize within your federal AGI could increase your state taxable income.

State Taxes

You will have to pay state income tax on your winnings in 39 states. If you live in one of the 11 states that don’t tax sweepstakes prizes, you may be spared state income taxes. Alaska, Florida, Nevada, South Dakota, Tennessee, Texas, Washington and Wyoming have no state income taxes. Additionally, California, Delaware, New Hampshire and Pennsylvania don’t tax winnings on sweepstakes or other gambling. But if you live in a non-taxable state and win a sweepstakes based in a taxable state, you may have to file a tax return with the taxable state where the sweepstakes is based. If you are unsure about whether you will owe state tax on your big win, ask your state's tax collection agency.

Tax Withholding

If the sweepstakes prize is worth more than $5,000, the sponsor must withhold 25 percent of the prize value for federal taxes and may have to withhold state taxes as well. But if the prize is a car or other expensive merchandise, you may be required to give the sponsor the cash to pay the federal tax withholding before the sponsor will release the non-cash prize to you. For instance, if you won a $25,000 car, you may have to give the sponsor $6,250 for the federal tax withholding before the sponsor will give you the car. You may also have to pay state withholding up front. The sweepstakes sponsor could choose to pay the federal tax withholding, but if it does, the sponsor’s withholding rate is one-third of the prize’s fair market value.

Valuing Prizes

If your prize is a non-cash award such as a trip or a car, you will owe tax on the fair market value of the prize. There is no uniform method for determining fair market value. Neither the U.S. tax code nor U.S. Tax Court rulings have specified the proper way to set the fair market value of a non-cash prize. The sweepstakes or contest promoter will report what it considers to be fair market value. That figure may be different from the “approximate retail value” the sponsor cited in sweepstakes advertising. But the sponsor’s fair market value figure may be subject to dispute. For example, parties could dispute whether the fair market value of an automobile is the manufacturer’s suggested retail price or the discounted price the sweepstakes sponsor paid to buy the car.

Exempt Prizes

You can avoid all taxes on a prize if you refuse to accept it. A prize may not be taxable if it meets certain legal tests. To be tax-exempt, the prize must be in recognition of personal achievement in religious, scientific, literary, artistic, charitable, educational or civic affairs. You cannot have nominated yourself for the prize or submitted your own work for review. You can’t be required to perform services as a condition for receiving the prize. You cannot claim the prize for yourself but instead must assign the prize to charity. If you assign away the prize, you don’t get a charitable donation deduction. All these tests must be met to avoid tax on the prize.

Turbo Tax Gambling Winnings

BananaStock/BananaStock/Getty Images

Gambling Winnings New Tax Law

Does New York State Tax Gambling Winnings

Federal Gambling Winnings Tax Rate

Gaming

Approved independent testing laboratories for commercial and video lottery gaming facilities:

• Gaming Laboratories International, LLC (GLI)

• BMM Testlabs

Video Lottery Terminals and Electronic Table Games: Similar in appearance to classic slot machines or as simulated classic table games, these terminals are linked to a centralized system maintained by the Gaming Commission that tracks the game play and earnings for each game.

• Video Lottery Terminals (VLTs) have the same appearance as slot machines. VLTs must receive winning outcomes transmitted by the central system.

• Electronic Table Games (ETGs) offer video versions of popular casino games like roulette, craps, and baccarat. ETGs are capable of generating winning outcomes at each table.

Video lottery gaming operations began in 2004 at Saratoga Gaming & Raceway in Saratoga Springs and have since expanded to eight additional facilities. As of January 1, 2013, there were 17,213 such machines operating in New York State.

Indian Gaming: In 1988 Congress passed the Indian Gaming Regulatory Act permitting federally recognized Indian tribes the ability to conduct gaming activities under certain circumstances. This law allows traditional Indian gaming, bingo, pull tabs, lotto, punch boards, tip jars, and certain card games on tribal land. However, it requires a Tribal/State compact for all other forms of gaming. Three tribes have lawful gaming in New York State:

• The Seneca Nation of Indians operate the Class III Seneca Niagara Casino in Niagara Falls, the Class III Seneca Allegany Casino, the Class III Seneca Buffalo Casino in Buffalo, and Class II bingo on both their Cattaraugus and Allegany Reservation lands

• The St. Regis Mohawks operate the Class II Mohawk Bingo Palace and the Class III Akwesasne Mohawk Casino, which also houses Class II poker games

• The Oneida Indian Nation of New York operates the Turning Stone Casino, which houses both Class II bingo and poker, as well as its Class III gaming operations.

The Gaming Commission maintains a constant twenty-four hour presence within the gaming facilities of the five Class III facilities to maintain the integrity of all activities conducted in regard to Class III gaming, and to insure the fair and honest operation of such gaming activities. Additionally, the State conducts background investigations on all employees of the casino and enterprises who conduct gaming related business with the casino to ensure their suitability. Pursuant to each Compact the State jointly regulates Class III gaming facilities with a Nation or Tribal Gaming Agency, respectively. Class II gaming activities, e.g., bingo, pull tabs, lotto, punch boards, tip jars, and certain card games, are regulated by the Tribe in conjunction with the National Indian Gaming Commission, although tribes, under certain circumstances, may self-regulate these activities.

Voluntary Self Exclusion

To voluntarily exclude from New York State gaming facilities, including casinos, horse racing, off-track betting, video lottery gaming and interactive fantasy sports activities in New York State pursuant to Title 9 of the Official Compilation of Codes, Rules and Regulations of the State of New York and New York Racing, Pari-Mutuel Wagering and Breeding Law section 1404(1)(d):
Please complete the form:
Request for Voluntary Self-Exclusion from All Gaming Facilities and Entities Licensed, Permitted or Registered by the New York State Gaming Commission.
The notarized form, with photograph as per instructions, should be mailed to:
New York State Gaming Commission
Director of Education & Community Relations
PO Box 7500
Schenectady, New York 12301-7500
Individuals may also self-exclude at licensed gaming facilities across the state.

Commercial Gaming Reports

TIOGA DOWNS CASINO

2384 W River Rd
Nichols, NY 13812-1406
1-888-WIN-TIOGA
1-888-946-8464
visit website

Monthly Financial
Report
download PDF
download Excel

Weekly Financial
Report
download PDF
download Excel

DEL LAGO RESORT AND CASINO

1133 Route 414
Waterloo, NY 13165
315-946-1777
visit website

Monthly Financial
Report
download PDF
download Excel

Weekly Financial
Report
download PDF
download Excel

RIVERS CASINO & RESORT

1 Rush Street
Schenectady, NY 12308
518-579-8800
visit website

Monthly Financial
Report
download PDF
download Excel

Weekly Financial
Report
download PDF
download Excel

RESORTS WORLD CATSKILLS

888 Resorts World Drive
Monticello, NY 12701
833-586-9358
visit website

Monthly Financial
Report
download PDF
download Excel

Weekly Financial
Report
download PDF
download Excel