HLS 24RS-671 ENGROSSED
2024 Regular Session
HOUSE BILL NO. 480
BY REPRESENTATIVE MYERS
TAX/INCOME TAX: Provides relative to income tax withholding on gaming winnings
1 AN ACT
2To enact R.S. 47:164(D)(3) and (E), relative to income tax withholding; to provide
3 requirements for income tax withholdings on gaming winnings; to provide for
4 procedures of the Department of Revenue with respect to such withholdings; to
5 require reporting in connection with such withholdings; to require promulgation of
6 administrative rules; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 47:164(D)(3) and (E) are hereby enacted to read as follows:
9 ยง164. Information required and withholding of tax at source
10 * * *
11 D. Withholding of tax at source.
12 * * *
13 (3)(a)(i) Any person that pays gaming winnings won in this state shall
14 withhold individual income taxes at the highest rate provided for in R.S. 47:32(A)
15 if federal income taxes are required to be withheld on those winnings pursuant to 26
16 U.S.C. 3402.
17 (ii) Notwithstanding Item (i) of this Subparagraph, casinos that pay slot
18 machine winnings in excess of one thousand two hundred dollars shall issue an IRS
19 Form W2-G and withhold individual income taxes on those winnings at the highest
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HB NO. 480
1 rate provided for in R.S. 47:32(A) regardless of whether the winnings are exempt
2 from federal withholding.
3 (iii) Any person that pays sports wagering or fantasy sports contest winnings
4 won in this state shall withhold individual income taxes at the highest rate provided
5 for in R.S. 47:32(A) if federal income taxes are required to be withheld on those
6 winnings pursuant to 26 U.S.C. 3402.
7 (b) The requirements of Subparagraph (a) of this Paragraph shall apply with
8 respect to winnings of all individuals, whether residents or nonresidents of this state.
9 (c) On or before the thirty-first day of January of each year, any person
10 required to deduct and withhold income taxes on winnings in accordance with
11 Subparagraph (a) of this Paragraph shall submit to the secretary of the Department
12 of Revenue, in electronic format, a report listing the names of all persons whose
13 winnings were subject to withholding in the prior calendar year and provide all other
14 information in connection with such winnings as the department may require by rule.
15 E.(1) Any person required to deduct and withhold any tax pursuant to this
16 Section shall electronically report and remit the withholdings to the secretary of the
17 Department of Revenue in accordance with the requirements provided in R.S.
18 47:112(L) and 114.
19 (2) The provisions of R.S. 47:115 shall apply to this Section.
20 F. The secretary of the Department of Revenue shall promulgate in
21 accordance with the Administrative Procedure Act all such rules as are necessary to
22 implement the provisions of this Section.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 480 Engrossed 2024 Regular Session Myers
Abstract: Provides requirements for income tax withholding on gaming winnings.
Present law provides that for purposes of present law relative to revenue and taxation (Title
47 of the La. R.S.), "person" includes any natural person, firm, partnership, association,
corporation, company, syndicate, estate, trust, business trust, or organization of any kind.
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HB NO. 480
Present law provides that the highest rate of individual income tax is 4.25%.
Proposed law requires any person that pays gaming winnings won in this state to withhold
individual income taxes at the highest rate provided for in present law if federal income
taxes are required to be withheld on those winnings.
Proposed law requires casinos which pay slot machine winnings in excess of $1,200 to issue
an IRS Form W2-G and withhold individual income taxes on those winnings at the highest
rate provided for in present law regardless of whether the winnings are exempt from federal
withholding.
Proposed law requires any person that pays sports wagering or fantasy sports contest
winnings won in this state to withhold individual income taxes at the highest rate provided
for in present law if federal income taxes are required to be withheld on those winnings.
Proposed law stipulates that its requirements apply to winnings of all individuals, whether
residents or nonresidents of this state.
Proposed law requires that on or before January 31 annually, any person required to deduct
and withhold income taxes on winnings in accordance with proposed law shall electronically
submit to the Dept. of Revenue, referred to hereafter as the "department", a report listing the
names of all persons whose winnings were subject to withholding in the prior calendar year.
Requires further that, in the annual report, such persons provide all other information as the
department may require by rule.
Proposed law provides that any person required to deduct and withhold any tax pursuant to
present law and proposed law shall electronically report and remit the withholdings to the
department in accordance with applicable requirements of present law.
Proposed law stipulates that certain provisions of present law relative to refunds and credits
shall apply to present law and proposed law.
Proposed law requires the department to promulgate all such administrative rules as are
necessary to implement present law and proposed law.
(Adds R.S. 47:164(D)(3) and (E))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Ways and Means to the
original bill:
1. Change a reference to the types of monies subject to income tax withholding
pursuant to proposed law from "gaming winnings" to "winnings".
2. Reorganize the electronic reporting and remittance requirements provided in
proposed law.
3. Establish January 31 of each year as the due-by date for the annual report
required from entities that withhold income tax on winnings pursuant to
proposed law.
4. Specify that any person required to deduct and withhold any tax pursuant to
present law and proposed law shall electronically report and remit the
withholdings to the Dept. of Revenue in accordance with applicable requirements
of present law.
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HB NO. 480
5. Stipulate that certain provisions of present law relative to refunds and credits
shall apply to present law and proposed law.
6. Make technical changes.
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