La. Admin. Code tit. 61, § I-1525 - Income Tax Withholding on Gaming Winnings
A. Withholding Requirement for Gaming
Winnings
1. Any person that pays gaming
winnings won in Louisiana is required to withhold individual income taxes at
the highest rate provided for by
R.S.
47:32(A) if income taxes are
required to be withheld for the Internal Revenue Service under
26 USC
3402 on the same winnings.
2. Additionally following current Department
of Revenue practice, casinos that pay slot machine winnings in excess of $1,200
shall issue an IRS Form W2-G and withhold at the highest rate provided for by
R.S.
47:32(A) of the slot machine
winnings regardless of the Internal Revenue Code withholding on such slot
machine winnings.
3. Any person
that pays sports wagering and fantasy sports contest winnings won in Louisiana
is required to withhold individual income taxes at the highest rate provided
for by
R.S.
47:32(A) if income taxes are
required to be withheld for the Internal Revenue Service under
26 USC
3402 on the same winnings.
B. Reporting Requirements for
Gaming Winnings
1. Businesses that withhold
income taxes on gaming winnings shall electronically report and remit the
withholdings to the Louisiana Department of Revenue quarterly.
2. Businesses required to withhold and to
submit income taxes on gaming winnings shall send the Department of Revenue a
report electronically containing a list of all winners annually in a format
approved by the department. The report shall contain the following information
as printed on federal form W-2G:
a. the
payor's name, address, and federal identification number;
b. the winner's name, address, social
security number, gross winnings, amount of federal income taxes withheld, and
amount of state income taxes withheld.
3. Effective for taxable periods beginning on
or after January 1, 2021, persons required to withhold and to remit income
taxes on gaming winnings shall electronically file the LDR Form L-3 transmittal
and accompanying IRS Form W-2G. Pursuant to the authority of
R.S.
47:114(D)(2) and to provide
simplicity on related federal filing requirements, the secretary grants an
extension of time to file to February 28th to coincide with the federal due
date.
a. Electronic Filing Options. The LDR
Form L-3 and IRS Form W-2G shall be filed electronically in one of the manners
as follows:
i. electronic filing using the
LaWage electronic filing application via the LDR website,
www.revenue.louisiana.gov;
or
ii. any other electronic method
authorized by the secretary.
4. Tax Preparer Undue Hardship Waiver of
Electronic Filing Requirement
a. The secretary
may waive the electronic filing requirement if it is determined that complying
with the requirement would cause an undue hardship.
b. For the purposes of waiver of the
electronic filing requirement, inability by the tax preparer to obtain
broadband access at the location where LDR Forms L-3 and IRS Forms W-2G are
prepared shall be considered an undue hardship and waiver of the requirement
will be granted.
Notes
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