All gambling winnings are taxable income—that is, income subject to both federal and state income taxes (except for the seven states that have no income taxes). It makes no difference how you earn your winnings-whether at a casino, gambling website, church raffle, or your friendly neighborhood poker game. It says that you must pay taxes on money that you earn if you are a citizen of the country. That includes money earned through gambling — this goes beyond mere poker games — and it counts money you earn overseas. There’s a bigger picture here, as well. Maybe you never earned the money online.

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This article was fact-checked by our editors and Christina Taylor, MBA, senior manager of tax operations for Credit Karma Tax®.

Hit it big playing the lottery? You’re probably thinking about how you’ll spend all that sweet cash. But first, Uncle Sam is going to want his cut.

The Internal Revenue Service considers lottery money as gambling winnings, which are taxed as ordinary income. The total amount of tax you pay on your lottery winnings will depend on multiple factors, including the state where you live and whether you take the winnings as a lump-sum payment (one check for the full amount after taxes have been withheld) or an annuity (smaller annual payments that are paid out and taxed over time).

Although you probably won’t be able to completely escape the tax man, you may be able to offset taxes on lottery winnings by claiming deductions you qualify for. Here are some things to know about paying federal income taxes on lottery winnings. Keep in mind tax rules may vary for state and local income taxes, so for the purposes of this article, we’re talking about federal income taxes only.

Do I have to pay taxes on lottery winnings?

The IRS considers most types of income taxable, unless the tax code specifically says it’s not. Because lottery winnings are considered gambling winnings, which are definitely considered taxable income, the IRS will want its cut.

For lottery winnings, that means one of two things.

• You’ll either pay taxes on all the winnings in the year you receive the money — for winnings paid out as a lump-sum payment.
• Or you’ll pay taxes only on the amount you receive each year — for winnings paid as an annuity.

Take note: If you receive interest on annuity installments that haven’t been paid to you yet, that interest must be included in your gross income for the tax year you received it.

How will the IRS know about my lottery winnings?

If your winnings are $600 or more, the lottery agency is supposed to give you a Form W-2G that you’ll have to file with your federal income tax return if the agency withheld federal income tax from your winnings.

The lottery agency is also required to send a copy of this form to the IRS if your winnings are $600 or more, so it’s important to accurately report your winnings on your federal tax return.

And even if you don’t receive a W-2G for your lottery winnings (or other type of gambling payouts), you’re still expected to report those winnings as income on your federal tax return.

How could winning the lottery affect my taxes overall?

Getting a huge financial windfall can be life-changing, but it doesn’t change everything — you’ll still have to pay taxes and bills. Federal and state taxes can decrease the amount of money you ultimately receive, so it’s crucial to understand taxes on lottery winnings when you strike it big.

Whether you’re all-in on your prize money and accept it as a lump sum or you’re receiving payments over time, winning the lottery generally increases your income. Taxes are calculated based on your taxable income for the year, so if the extra income from lottery winnings moves you into a higher tax bracket, you’ll typically end up paying more income tax.

If you fail to report taxable income (including lottery winnings) on your tax return, you could owe additional tax, interest and even penalties.

What is the tax rate for lottery winnings?

Depending on where you live, you may need to pay taxes on lottery winnings to your state and local governments in addition to the federal government.

Federal tax

Right off the bat, lottery agencies are required to withhold 24% from winnings of $5,000 or more, which goes to the federal government. But, depending on whether your winnings affect your tax bracket, there could potentially be a gap between the mandatory withholding amount and what you’ll ultimately owe the IRS.

Even if your lottery winnings don’t boost your tax bracket, if the federal government withheld too much tax on your lottery winnings, you might get a refund at tax time.

State and local tax

Each state has its own rules on taxing lottery winnings, so check both your state’s tax website and your city’s tax website for information. For example, if you live and win in New York City, the state government will withhold 8.82% and the city will withhold another 3.876% — on top of your base federal withholding of 24%.

Seven states — Alaska, Florida, Nevada, South Dakota, Texas, Washington and Wyoming — don’t have income tax, so big winners in those states won’t pay state taxes on prize money. Some other states don’t have a state lottery at all.

And three more states — California, New Hampshire and Tennessee — exclude their state lottery winnings from taxable income. But before you play the lottery in a different state, check the rules so that you know whether any taxes will apply to your winnings.

Should I take a lump sum or annuity payments?

Whether you get to choose between a lump sum or annual installments for your lottery payout can depend on different factors, like state lottery rules and how much you won. Either way, here’s how the two payout types will affect your federal income taxes.

Lump-sum impact

Receiving your winnings as a single lump sum could potentially bump you right into the highest bracket for the tax year in which you win the lottery. That would mean if you win a very large amount, your income over a set threshold ($518,401 for single taxpayers and $622,051 for married couples filing jointly, for 2020) would be taxed by the IRS at 37%.

“If you decide to have a lump sum payment, that would probably put you in the higher tax bracket for that one year,” says Megan McManus, CPA and owner at Megan McManus, CPA.

For example, if you’re single and your current taxable income is $40,000, a $1 million lottery payout, taken in a lump sum, would increase your total income to $1,040,000 for the tax year. At the federal level, the portion of your income over $518,401 would be taxed at 37%. But all the lower tax rates would also apply to portions of your income less than that threshold. Here’s what you’d pay (rounded to the nearest dollar).

• 10% on income up to $9,700 = $970
• 12% on the next $29,775 = $3,573
• 22% on the next $44,725 = $9,839
• 24% on the next $76,525 = $18,366
• 32% on the next $43,375 = $13,880
• 35% on the next $306,200 = $107,170
• 37% on the last $529,700 = $195,989

If you add all that up, your total federal income tax obligation for the year would be $349,787.

Annual payments impact

Depending on your income, receiving annual payments will also likely affect your tax bracket — but the immediate financial impact could be less.

“The annuity payments would probably allow you to be in a lower tax bracket each year,” McManus says.

Let’s look at the above scenario with the same amount of lottery winnings broken out into 30 annual payments of about $33,333.

With the annuity approach, your taxable income would increase to just $73,333 in the year you won the lottery (assuming other factors like a wage increase didn’t boost your taxable income). The highest federal tax rate that would apply to your income would be just 22%. Here’s what you’d pay (rounded to the nearest dollar).

• 10% on up to $9,700 = $970
• 12% on the next $29,775 = $3,573
• 22% on the remaining $33,858 = $7,449

Your total federal income tax obligation for the year in which you win would be just $11,992.

Learn more about the marginal tax rate and what it means for your winnings.

Can Gambling Winnings Be Taxed As A

How can I offset federal taxes on lottery winnings?

If you’ve won the lottery, the IRS expects you to report it as income on your tax return. And Uncle Sam is going to want his share whether you receive your winnings as a lump sum or annual payments. But there are ways to try to offset the increased tax obligation your lottery winnings will cause.

Claim deductions

Deductions are dollar amounts the IRS allows you to subtract from your adjusted gross income, or AGI, if you meet the requirements. This lowers your taxable income, which in turn can reduce your tax obligation. Here are two possible deductions (if you itemize).

1. Charitable donations — You may be able to deduct the value of your charitable contributions from your income as long as the organization is a qualified tax-exempt organization — but certain conditions and limits apply. For example, you can only deduct cash donations that are equal to no more than 60% of your AGI.
2. Gambling losses — You can deduct your gambling losses (like the cost of lottery tickets that you didn’t win on) as long as they don’t exceed the winnings you report as income. For example, if you report $1,000 in winnings but you have $2,000 in losses, you can only deduct $1,000.

Play the lottery in a pool

Does Gambling Winnings Get Taxed

If you join a pool with others to buy lottery tickets, then any potential lottery prizes will be smaller because you’re sharing it — but your tax hit will be smaller, too.

“You’ll only be taxed on your portion of the income,” McManus says, “so if you receive a third of the winnings, you would only pay tax on that third.”

To make sure you’re taxed correctly, document how much of the winnings go to each person in your group. Ask the lottery agency to cut checks for each person in the pool instead of having one person collect and distribute the winnings. This may help ensure you only pay taxes on the amount you actually receive.

What’s next

Winning the lottery could change your life by giving you a certain level of financial freedom. But before claiming your prize, consider speaking with a financial or tax adviser who can help you understand the potential tax impact of your winnings and plan the best way to manage your windfall.

Consider how you plan to use the money.

“If you want to buy a house or put your kids through college, you might need the funds now, as opposed to taking annual payments,” McManus says.

But if your objective is to ensure a steady stream of income, annual payments may be more appealing to you.

Whether you receive your lottery winnings as a lump sum or annual payments though, you’ll still have to pay the federal government — and possibly your state and local government — their share of your winnings. So it’s important to have a plan for how to best save, invest and grow the winnings you’ll keep.

Relevant sources: Topic No. 419 Gambling Income and Losses IRS: Publication 538 New York Lottery General Rules IRS: Pay As You Go, So You Won’t Owe

Christina Taylor is senior manager of tax operations for Credit Karma Tax®. She has more than a dozen years of experience in tax, accounting and business operations. Christina founded her own accounting consultancy and managed it for more than six years. She codeveloped an online DIY tax-preparation product, serving as chief operating officer for seven years. She is the current treasurer of the National Association of Computerized Tax Processors and holds a bachelor’s degree in business administration/accounting from Baker College and an MBA from Meredith College. You can find her on LinkedIn.

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Can gambling be taxed as earnings? Julie Butler considers a recent case on gambling which covers issues frequently raised in the TaxationWeb forum.

State Tax On Gambling Winnings

Gambling and Taxation

Essentially betting is ‘tax-free’ in the UK – the professional gambler is outside the scope of tax. This is confirmed in HMRC’s Business Income Manual at BIM22015. The basic position is that betting and gambling, as such, do not constitute trading. This is not a new precedent either. Rowlatt J said in Graham v Green (1925) 9 TC 309: “A bet is merely an irrational agreement that one person should pay another person on the happening of an event.”

This decision has stood the test of time. In an Australian case, Evans v FCT (1989) 20 ATC 4540, Hill J said: “There has been no decision of a court in Australia nor, so far as I am aware, in the United Kingdom where it has been held that a mere punter was carrying on a business.”

A recent case has tested this principle. In Hakki v Secretary of State for Work and Pensions [2014] EWCA Civ 530 Mr Hakki was a professional poker player who made a living from his poker winnings. An order for Mr Hakki to pay child maintenance was applied for through the Child Support Agency by the mother of his children (Mrs Blair).

In accordance with the Social Security Contributions and Benefits Act 1992 (SSCBA 1992) s2(1)(b) and the Child Support (Maintenance Assessment and Special Cases) Regulations 1992 Mr Hakki opposed the application on the grounds that his poker winnings did not constitute ‘earnings’ from gainful employment and therefore he was not a self-employed earner, i.e., the profits arose from gambling.

It is very interesting to note that the Upper Tribunal found that for the purposes of SSCBA 1992, gambling could be a trade, profession or vocation, and that Mr Hakki could be said to be ‘gainfully employed’ as a ‘self-employed earner’ and therefore should pay child maintenance to Mrs Blair.

Mr Hakki appealed to the Court of Appeal. Mrs Blair’s barrister argued that Hakki’s poker playing amounted to a trade similar to that of a professional golfer or tennis player. The barrister relied on the findings that Mr Hakki:

States That Tax Gambling Winnings

• Set a target sum to win after which he stopped;
• Selected the table which was most likely to pay him;
• Appeared on a television programme about poker for a few weeks, made it to the final and won a prize;
• Was the owner of his own website and communicated his strategies for online poker;
• Had his poker results over seven or eight years published on two other poker websites; and
• Chose the locations for playing poker.

The Court of Appeal found that even collectively these findings do not amount to such organisation as to constitute a trade, profession or vocation. The Court of Appeal found that gambling is not a trade and the factors surrounding Mr Hakki must be common to many successful gamblers, e.g., choice of location, setting target sums and the table most likely to pay. It was found that isolated appearances on television and Mr Hakki having his own website was not in 2014 evidence of organisation amounting to a trade or profession. It is also very interesting to note that the court was persuaded that it is possible to accept a case in which a gambler’s winnings might be taxable, but it found that in this case there was no organised seeking of emoluments and therefore no gainful employment.

This case adds to the ongoing discussion about whether a gambler in certain circumstances can be taxed on his or her winnings.

Will there be future legislation that brings gambling profits into the scope of taxation? There has apparently been nothing to indicate that this is under review despite the advent of very sophisticated techniques to make substantial profits from gambling. It has to be asked, what is “the case” that the courts can find as taxable? Is that perhaps the case with sophisticated software?

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Why Are Gambling Winnings Taxed