Lottery Tax Rates Vary Greatly By State

Download Fiscal Fact No. 407 Lottery Tax Rates Vary Greatly By State

Introduction

With the Mega Millions jackpot reaching a record $586 million, Americans in 43 states and the District of Columbia are lining up to buy tickets for Friday’s drawing. Everyone knows that winners must choose between a lump sum payment and installment payments, but where you purchase your winning ticket also matters, due to state income and withholdingWithholding is the income an employer takes out of an employee’s paycheck and remits to the federal, state, and/or local government. It is calculated based on the amount of income earned, the taxpayer’s filing status, the number of allowances claimed, and any additional amount of the employee requests. taxes.

As with wage income, some amount of lottery winnings is withheld for the government before you calculate your total taxA tax is a mandatory payment or charge collected by local, state, and national governments from individuals or businesses to cover the costs of general government services, goods, and activities. bill when filing your income tax the following year. While lottery winnings of $600 or less are not reported to the IRS, winnings in excess of $5,000 are subject to a 25 percent federal withholding tax. In other words, if one person wins the jackpot and chooses the $316 million lump sum “cash option,” $79 million will go straight to the IRS. Next April, the jackpot winner or winners can see if any of that amount gets refunded or if they owe even more.

The same is true at the state level. While lottery winnings are subject to state income tax in most states, withholding tax varies from zero (California, Delaware, Pennsylvania, and the states with no state income tax) to over 12 percent in New York City. (See Table 1, below.) Arizona and Maryland have withholding rates for non-residents, so an out-of-state winner who bought a ticket in those two states could face double withholding.

Table 1: Lottery Withholding Tax Rates by State
State	Withholding Tax Rate (%)		State	Withholding Tax Rate (%)
Alabama	No lottery		Montana	6.90%
Alaska	No lottery		Nebraska	5.00%
Arizona	5.0% (residents); 6.0% (non-residents)		Nevada	No lottery
New Hampshire	No income tax
Arkansas	7.00%		New Jersey	3.00%
California	None		New Mexico	6.00%
Colorado	4.00%		New York	8.82% (plus 3.648% for New York City or 0.897% for Yonkers)
Connecticut	6.70%		North Carolina	7.00%
Delaware	None		North Dakota	3.99%
Florida	No income tax		Ohio	4.00%
Georgia	6.00%		Oklahoma	4.00%
Hawaii	No lottery		Oregon	8.00%
Idaho	7.80%		Pennsylvania	None
Illinois	5.00%		Rhode Island	7.00%
Indiana	3.40%		South Carolina	7.00%
Iowa	5.00%		South Dakota	No income tax
Kansas	5.00%		Tennessee	No income tax
Kentucky	6.00%		Texas	No income tax
Louisiana	5.00%		Utah	No lottery
Maine	5.00%		Vermont	6.00%
Maryland	8.75% residents; 7.00% non-residents		Virginia	4.00%
Massachusetts	5.00%		Washington	No income tax
Michigan	4.35%		West Virginia	6.50%
Minnesota	7.25%		Wisconsin	7.75%
Mississippi	No lottery		Wyoming	No lottery
Missouri	4.00%		District of Columbia	8.50%
Source: US Mega

States rely heavily on lottery revenue, collecting an average of $59 per person in profit aside from any income tax collections. (See Table 2, below.) While no government labels its lottery as a tax, lottery profits are an implicit tax. After prizes have been awarded and operating costs have been covered, the remaining money is transferred to state coffers. To the extent this revenue is used for general government purposes, it is a tax. Further, because state lotteries pay out an average of only 60 percent of gross revenues in prizes (compared to about 90 percent for casino slot machines or table games), state-run lotteries are only viable as a monopoly, in conjunction with a ban on private lotteries.

Some argue that while it is a tax, it is a voluntary one since the revenue is handed over to the government enthusiastically. But this argument confuses the purchase of a product with the payment of the tax on the product. While it is true that the purchase of the product is voluntary, the tax portion of the ticket price is not, just as a sales tax is compulsory on the purchase of clothing or books. The voluntary nature of the purchase does not make the tax any less of a tax.

Table 2: State Implicit Lottery Tax Revenue Per Capita, Fiscal Year 2011
State	Implicit Tax Revenue Per Capita	Rank		State	Implicit Tax Revenue Per Capita	Rank
U.S. Average	$59	–		Montana	$11	42
Alabama	No Lottery	–		Nebraska	$17	41
Alaska	No Lottery	–		Nevada	$17	41
Arizona	$22	37		New Hampshire	No Lottery	–
Arkansas	$32	28		New Jersey	$47	23
California	$36	27		New Mexico	$106	8
Colorado	$22	38		New York	$20	40
Connecticut	$83	10		North Carolina	$139	5
Delaware	$361	1		North Dakota	$46	24
Florida	$63	16		Ohio	$9	43
Georgia	$87	9		Oklahoma	$65	15
Hawaii	No Lottery	–		Oregon	$24	32
Idaho	$23	34		Pennsylvania	$144	4
Illinois	$52	19		Rhode Island	$69	14
Indiana	$30	31		South Carolina	$339	2
Iowa	$24	33		South Dakota	$58	17
Kansas	$23	35		Tennessee	$130	7
Kentucky	$49	22		Texas	$70	13
Louisiana	$30	30		Utah	$40	25
Maine	$38	26		Vermont	No Lottery	–
Maryland	$80	11		Virginia	$50	20
Massachusetts	$133	6		Washington	$55	18
Michigan	$71	12		West Virginia	$20	39
Minnesota	$23	36		Wisconsin	$316	3
Mississippi	No Lottery	–		Wyoming	$31	29
Missouri	$50	21
Note: The implicit tax revenue is the portion of lottery revenue kept by the state, or the “profit.” It does not include federal or state income tax on winnings. Source: U.S. Census Bureau, Tax Foundation calculations.

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