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Tax On Casino Winnings In New York State

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  • 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

  • Video Gaming Reports

    RESORTS WORLD CASINO NEW YORK CITY
    110-00 Rockaway Blvd
    Jamaica, NY 11420
    (718) 215-2828
    visit website
    Monthly Financial
    Report
    download pdf
    download Excel

    download Excel

    NASSAU OTB AT RESORTS WORLD CASINO NEW YORK CITY
    110-00 Rockaway Blvd
    Jamaica, NY 11420
    (888) 888-8801
    visit website
    Monthly Financial
    Report
    download pdf
    download Excel
    Weekly Financial
    Report
    download pdf

    download Excel

    EMPIRE CITY CASINO AT YONKERS RACEWAY
    810 Yonkers Avenue
    Yonkers, NY 10704
    (914) 968-4200
    visit website
    Monthly Financial
    Report
    download pdf
    download Excel

    download Excel

    SARATOGA CASINO - HOTEL
    342 Jefferson St
    Saratoga Springs, NY
    12866 (518) 584-2110
    visit website
    Monthly Financial
    Report
    download pdf
    download Excel
    Weekly Financial
    Report
    download pdf
    download Excel

    FINGER LAKES GAMING & RACETRACK
    5857 Route 96
    Farmington, NY 14425
    (585) 924-3232
    visit website
    Monthly Financial
    Report
    download pdf
    download Excel
    Weekly Financial
    Report
    download pdf
    download Excel

    MONTICELLO CASINO & RACEWAY
    204 State Route 17B
    Monticello, NY 12701
    (845) 794-4100
    visit website
    Monthly Financial
    Report
    download pdf
    download Excel
    Weekly Financial
    Report
    download pdf
    download Excel

    HAMBURG GAMING AT THE FAIRGROUNDS
    5600 McKinley Parkway
    Hamburg, NY 14075
    (716) 646-6109
    visit website
    Monthly Financial
    Report
    download pdf
    download Excel
    Weekly Financial
    Report
    download pdf
    download Excel

    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

    VERNON DOWNS CASINO & HOTEL
    4229 Stuhlman Rd
    Vernon, NY 13476
    877-88-VERNON
    visit website
    Monthly Financial
    Report
    download pdf
    download Excel
    Weekly Financial
    Report
    download pdf
    download Excel

    BATAVIA DOWNS GAMING
    8315 Park Road
    Batavia, NY 14020
    (585) 343-3750
    visit website
    Monthly Financial
    Report
    download pdf
    download Excel
    Weekly Financial
    Report
    download pdf
    download Excel

    JAKES 58 HOTEL & CASINO
    3635 Express Drive N
    Islandia, NY 11749
    (631) 232-3000
    visit website
    Monthly Financial
    Report
    download pdf
    download Excel
    Weekly Financial
    Report
    download pdf
    download Excel
    STATEWIDE
    All Video Gaming LocationsMonthly Financial
    Report
    download pdf
    download Excel
    Weekly Financial
    Report
    download pdf
    download Excel


  • Responsible Gaming

    The New York State Gaming Commission, the Office of Alcoholism and Substance Abuse Services (OASAS) and the New York Council on Problem Gambling have formed the Responsible Play Partnership to address problem gambling in New York State. The Responsible Play Partnership is addressing a variety of issues surrounding problem gambling, including ensuring that gaming venues comply with all rules and regulations and undertake proper outreach measures, reevaluating self-exclusion policies across the state to ensure consistency, and considering the best ways to advance New York's long-term commitment to prevent and treat compulsive gambling.

    The issue of problem gambling is an important one. If you need help or want information, or know someone else who does, here are some places to start:

    Problem Gambling Awareness Month

    24-Hour Problem Gambling Helpline

    1-877-846-7369 TEXT: HOPENY (467369)

  • Laws, Rules & Regulations


    Rules and regulations concerning the Division of Gaming can be found in the Rules section of this website,here


    The Upstate New York Gaming and Economic Development Act: Below are the two Chapters that comprise the Upstate New York Gaming and Economic Development Act. Chapter 175 amends Chapter 174. Therefore both must be examined to get the full scope of the law.

    • Chapter 174 of the Laws of 2013

    • Chapter 175 of the Laws of 2013

  • Indian Gaming

    • Frequently Asked Questions

    A version of poker in which the deal passes each game and each dealer can choose, or invent, a new poker game each hand or orbit. See main article: dealer's choice. Declare To verbally indicate an action or intention. See declaration. Deep stack A stack of chips that is relatively large for the stakes being played. Also called a big stack. Opening stake poker called.

    • Development of Indian Gaming Law

    • Seminole Tribe of Florida v. Buttersworth

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    • California v. Cabazon Band of Mission Indians

    • Indian Gaming Regulatory Act of 1988

    • Indian Gambling After Seminole Tribe v. Florida

    • New York Compacts and Provisions

    • Casino Contact Information

  • Locations


    View New York State Gaming Commission Locations (VLTs) in a larger map

  1. Tax On Casino Winnings In New York State Tax
  2. Tax On Casino Winnings In New York State 2019
  3. Tax On Casino Winnings In New York State Taxes
OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK

All casino winnings are subject to federal taxes. However, the IRS only requires the casinos to report wins over $1,200 on slots and video poker machines or other games such as keno, lottery or horse racing. When you have a win equal to or greater than $1200, you are issued a W-2G form.

Gross Income Tax. For example, winnings from casino betting and wagering, New Jersey Lottery winnings on prize amounts exceeding $10,000, winnings from slot machines, raffles, bingo games, etc., are all taxable income. Nonresidents may only offset gambling winnings from New Jersey sources by gambling losses incurred in New Jersey during the. Tax On Casino Winnings In New York State, poker tournament asia 2019, university casino nsw, qt slot quit. ' Treatment of certain gambling winnings Beginning in tax year 2019, New York State withholding is required for any gambling winnings from a wagering transaction within New York State if the proceeds from the wager are subject to federal withholding. Your gambling losses are federal itemized deduction on schedule A. You may or may not benefit based on your other itemized ductions and your overall tax situation. Then for your New York State return, you will either use your federal itemized deductions plus certain state adjustments, or you will use the New York state standard deduction.

Casino
Tax On Casino Winnings In New York State
SUBCHAPTER A. NEW YORK STATE PERSONAL INCOME TAX UNDER ARTICLE 22 OF THE TAX LAW
ARTICLE 5. WITHHOLDING OF NEW YORK STATE PERSONAL INCOME TAX
PART 171. REQUIREMENT OF WITHHOLDING NEW YORK STATE PERSONAL INCOME TAX FROM WAGES
20 CRR-NY 171.11
171.11 Extension of withholding of New York State personal income tax to certain gambling winnings.
(1) Determining New York State personal income tax to be withheld. In addition to the wages subject to withholding of New York State personal income tax under this Part, any payment made by the New York State Division of the Lottery to a payee of winnings from a wager placed in a lottery where the proceeds from such wager exceed five thousand dollars and such proceeds are payable pursuant to a prize claim made by an individual who was a resident of New York State at the time of the selection of the prize winning lottery ticket and any payment of winnings from a wagering transaction in a pari-mutuel pool with respect to horse races to a resident individual, where the proceeds from such wager exceed $1,000 and the amount of such proceeds is at least 300 times as large as the amount wagered, must be treated as if it were a payment of wages by an employer to an employee for a payroll period.
(2) For purposes of paragraph (1) of this subdivision, proceeds from a wager shall be determined by reducing the amount received by the amount of the wager.
Casino
(b) All requirements contained in Article 5 of this Title with respect to filing New York State employer returns, furnishing information and payment of New York State personal income tax withheld, apply equally to the withholding of New York State personal income tax on payments of lottery winnings by the New York State Division of the Lottery and on winnings from a wagering transaction in a pari-mutuel pool with respect to horse races under this section, except that wherever form IT-2102 is referred to, Report of Certain Gambling Winnings (form IT-2102G) is to be substituted therefor.
The amount of New York State personal income tax to be deducted and withheld by the New York State Division of the Lottery from certain payments of lottery winnings under this section shall be computed by multiplying such winnings payment by a percentage equal to the highest effective rate of New York State personal income tax on New York taxable income for the applicable taxable year,without any allowance for withholding exemptions.
(1) For purposes of applying the provisions of subdivision (a) of this section, each payee who is to receive a payment of certain gambling winnings subject to withholding of New York State personal income tax shall furnish the payer with a statement on form IT-2102G or IT-340 (whichever is applicable), under penalties of perjury, containing:
(i) the name, address and taxpayer identification number of the payee accompanied by a declaration that no other person is entitled to any portion of such payment; or
(ii) the name, address and taxpayer identification number of the payee and of every other person entitled to any portion of such payment; and
(iii) such other information as may be required by forms and instructions of the Division of Taxation.
(2) Where more than one payment of gambling winnings subject to withholding of New York State personal income tax is to be made with respect to a single wager (i.e., a lottery prize funded by an annuity), the payee is required to furnish the payer with the statement required by paragraph (1) of this subdivision only with respect to the first such payment, provided that such other payments are taken into account in a Report of Certain Gambling Winnings referred to in Part 172 of this Article.
(1) For requirements relating to payers' returns of New York State personal income tax withheld and payment of such withheld New York State personal income tax, see Part 174 of this Article.

Tax On Casino Winnings In New York State Tax

(2) For requirements relating to New York State information statements for payees, see Part 172 of this Article.
(3) For requirements relating to New York State information returns by payers relating to payments of certain gambling winnings subject to withholding, see Part 174 of this Article.

Tax On Casino Winnings In New York State 2019

(f) Withholding on payments from the New York State Division of the Lottery upon a change of residence.
Where a resident payee of payments of lottery winnings from the New York State Division of the Lottery changes status from resident to nonresident, the provisions of this section are applicable to such lottery winnings unless such payee elects to make the required special accruals referred to in section 154.10 of this Title. In such case, a payee may elect to have withholding cease on such winnings by furnishing the New York State Division of the Lottery and the Division of Taxation a signed written statement containing the payee's name, social security number, former New York address, current address and any other information required by the Division of Taxation by forms and instructions. The Division of Taxation shall review a payee's statement for purposes of verification of such payee's resident status, and of such payee's compliance with the special accrual requirements under section 154.10 of this Title and give written notice to the New York State Division of the Lottery of its determination. The Division of Taxation will provide the New York State Division of the Lottery with a copy for the payee of each notice it furnishes to the New York State Division of the Lottery under this subdivision, in addition to the notice furnished to the New York State Division of the Lottery for its own use. The Division of Taxation shall also mail a similar notice to the payee at the address of the payee as shown on such payee's statement. The New York State Division of the Lottery shall continue to withhold taxes from lottery winnings payments pending written notice by the Division of Taxation that it is to comply with the election made by the payee. A verified statement of election is to take effect with respect to payments of lottery winnings which occur at least 30 days after the date on which the New York State Division of the Lottery is notified by the Division of Taxation to comply with a taxpayer's statement of election.
Winnings
SUBCHAPTER A. NEW YORK STATE PERSONAL INCOME TAX UNDER ARTICLE 22 OF THE TAX LAW
ARTICLE 5. WITHHOLDING OF NEW YORK STATE PERSONAL INCOME TAX
PART 171. REQUIREMENT OF WITHHOLDING NEW YORK STATE PERSONAL INCOME TAX FROM WAGES
20 CRR-NY 171.11
171.11 Extension of withholding of New York State personal income tax to certain gambling winnings.
(1) Determining New York State personal income tax to be withheld. In addition to the wages subject to withholding of New York State personal income tax under this Part, any payment made by the New York State Division of the Lottery to a payee of winnings from a wager placed in a lottery where the proceeds from such wager exceed five thousand dollars and such proceeds are payable pursuant to a prize claim made by an individual who was a resident of New York State at the time of the selection of the prize winning lottery ticket and any payment of winnings from a wagering transaction in a pari-mutuel pool with respect to horse races to a resident individual, where the proceeds from such wager exceed $1,000 and the amount of such proceeds is at least 300 times as large as the amount wagered, must be treated as if it were a payment of wages by an employer to an employee for a payroll period.
(2) For purposes of paragraph (1) of this subdivision, proceeds from a wager shall be determined by reducing the amount received by the amount of the wager.
(b) All requirements contained in Article 5 of this Title with respect to filing New York State employer returns, furnishing information and payment of New York State personal income tax withheld, apply equally to the withholding of New York State personal income tax on payments of lottery winnings by the New York State Division of the Lottery and on winnings from a wagering transaction in a pari-mutuel pool with respect to horse races under this section, except that wherever form IT-2102 is referred to, Report of Certain Gambling Winnings (form IT-2102G) is to be substituted therefor.
The amount of New York State personal income tax to be deducted and withheld by the New York State Division of the Lottery from certain payments of lottery winnings under this section shall be computed by multiplying such winnings payment by a percentage equal to the highest effective rate of New York State personal income tax on New York taxable income for the applicable taxable year,without any allowance for withholding exemptions.
(1) For purposes of applying the provisions of subdivision (a) of this section, each payee who is to receive a payment of certain gambling winnings subject to withholding of New York State personal income tax shall furnish the payer with a statement on form IT-2102G or IT-340 (whichever is applicable), under penalties of perjury, containing:
(i) the name, address and taxpayer identification number of the payee accompanied by a declaration that no other person is entitled to any portion of such payment; or
(ii) the name, address and taxpayer identification number of the payee and of every other person entitled to any portion of such payment; and
(iii) such other information as may be required by forms and instructions of the Division of Taxation.
(2) Where more than one payment of gambling winnings subject to withholding of New York State personal income tax is to be made with respect to a single wager (i.e., a lottery prize funded by an annuity), the payee is required to furnish the payer with the statement required by paragraph (1) of this subdivision only with respect to the first such payment, provided that such other payments are taken into account in a Report of Certain Gambling Winnings referred to in Part 172 of this Article.
(1) For requirements relating to payers' returns of New York State personal income tax withheld and payment of such withheld New York State personal income tax, see Part 174 of this Article.

Tax On Casino Winnings In New York State Tax

(2) For requirements relating to New York State information statements for payees, see Part 172 of this Article.
(3) For requirements relating to New York State information returns by payers relating to payments of certain gambling winnings subject to withholding, see Part 174 of this Article.

Tax On Casino Winnings In New York State 2019

(f) Withholding on payments from the New York State Division of the Lottery upon a change of residence.
Where a resident payee of payments of lottery winnings from the New York State Division of the Lottery changes status from resident to nonresident, the provisions of this section are applicable to such lottery winnings unless such payee elects to make the required special accruals referred to in section 154.10 of this Title. In such case, a payee may elect to have withholding cease on such winnings by furnishing the New York State Division of the Lottery and the Division of Taxation a signed written statement containing the payee's name, social security number, former New York address, current address and any other information required by the Division of Taxation by forms and instructions. The Division of Taxation shall review a payee's statement for purposes of verification of such payee's resident status, and of such payee's compliance with the special accrual requirements under section 154.10 of this Title and give written notice to the New York State Division of the Lottery of its determination. The Division of Taxation will provide the New York State Division of the Lottery with a copy for the payee of each notice it furnishes to the New York State Division of the Lottery under this subdivision, in addition to the notice furnished to the New York State Division of the Lottery for its own use. The Division of Taxation shall also mail a similar notice to the payee at the address of the payee as shown on such payee's statement. The New York State Division of the Lottery shall continue to withhold taxes from lottery winnings payments pending written notice by the Division of Taxation that it is to comply with the election made by the payee. A verified statement of election is to take effect with respect to payments of lottery winnings which occur at least 30 days after the date on which the New York State Division of the Lottery is notified by the Division of Taxation to comply with a taxpayer's statement of election.
Civil and criminal penalties that may be applicable to payees for making a statement under section 671 of the Tax Law which results in a cessation of the deducting and withholding or in no withholding of New York State personal income tax not in accordance with section 671 of the Tax Law, include, but are not limited to, the penalties imposed pursuant to sections 685(s), 1801(a) and 1804(a) of the Tax Law.
(h) The provisions of this section shall be deemed to apply in like manner to the City of New York personal income tax on residents and the City of Yonkers income tax surcharge on residents. The amount of City of New York personal income tax on residents to be deducted and withheld from certain payments of lottery winnings by the New York State Division of the Lottery under this section shall be computed by multiplying such winnings payment by a percentage equal to the highest effective rate of New York City personal income tax on residents on New York City taxable income for the applicable taxable year, without any allowance for withholding exemptions. The amount of City of Yonkers income tax surcharge on residents to be deducted and withheld from certain payments of lottery winnings by the New York State Division of the Lottery under this section shall be computed by multiplying such winnings payment by a percentage which is equal to the product of the rate of the City of Yonkers income tax surcharge on residents for the applicable taxable year multiplied by the highest effective rate of New York State personal income tax on New York taxable income for the applicable taxable year, without any allowance for withholding exemptions.
Current through April 30, 2020

Tax On Casino Winnings In New York State Taxes

End of Document© 2020 Thomson Reuters. No claim to original U.S. Government Works.




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