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 Reengrossed 2024 Regular Session Myers
Abstract: Provides requirements for income tax withholding on gaming, slot machine, sports
wagering, and fantasy sports contest 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.
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 that pay slot machine winnings and are required to issue an IRS Form
W2-G to the recipient to withhold individual income taxes on those winnings at the highest rate
provided for in present law.
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), (E), and (F))
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.
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. The House Floor Amendments to the engrossed bill:
1. Delete proposed law requiring casinos that 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.
2. Require casinos that pay slot machine winnings and are required to issue an IRS Form
W2-G to the recipient to withhold individual income taxes on those winnings at the
highest rate provided for in present law.
3. Make technical changes.