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Forms > Forms by Category, Subject or Entity > Gambling Winnings Tax
 
 

Frequently Asked Questions (FAQs)
Form DP-300 Gambling Winnings Tax ReturnAdobe Acrobat Reader Symbol| Form DP-300-EXTAdobe Acrobat Reader Symbol

What is the New Hampshire Gambling Tax?
The New Hampshire Gambling Tax is a 10% tax on any and all gambling winnings received between July 1, 2009 and May 22, 2011.

What are gambling winnings?
RSA 77:38, III defines "gambling winnings" as winnings from lotteries and games of chance including, but not limited to bingo, slot machines, keno, poker tournaments, and any other gambling winnings subject to federal income tax withholding.

Who pays the New Hampshire Gambling Tax?
If the tax is not withheld by the New Hampshire entity paying out your gambling winnings, then you are responsible for paying the tax.

What is a New Hampshire Entity?
A "New Hampshire entity" is an establishment that engages in any gaming regulated by the racing and charitable gaming commission and sells lottery tickets as regulated by the lottery commission.

If I don't receive a W-2G for my winnings, do I need to report the winnings?
Yes, gambling winnings include all proceeds, in money or the fair market value of property, received during that calendar year. The W-2G is issued only in situations where the tax is withheld from your gambling winnings.

Who must file a New Hampshire Gambling Tax Return?
New Hampshire residents must report gambling winnings received from any source between July 1, 2009 and May 22, 2011, whether from a New Hampshire entity or an entity outside the state. Residents of other states and residents of other countries must report gambling winnings received from a New Hampshire entity. You can verify whether you have winnings from a New Hampshire entity by checking the payer's address on the W-2G form or the withholding agent's address on the 1042-S form.

How do I file and report my gambling winnings?
Form DP-300, Gambling Winnings Tax ReturnAdobe Acrobat Reader Symbol, must be filed for any tax year in which you receive gambling winnings.

When do I File?
The Gambling Winnings Tax Return, Form DP-300, must be postmarked on or before April 15, 2012 for any and all gambling winnings received between January 1, 2011 and May 22, 2011, unless the 15th is a weekend or a recognized State Holiday in which case the return will be due on the next business day.

Where do I File?

NHDRA
PO Box 2035
Concord NH 03302-2035

Can I deduct my losses from the winnings?
No, there are no provisions within RSA 77 to reduce your winnings by any losses.

Are prizes awarded through the NH Lottery Commission's Instant Replay subject to the Gambling Winnings Tax?
Yes.

Are non-cash prizes subject to NH Gambling Winnings taxation?
Yes, winnings not paid in cash are taxed on the amount of the fair market value of the prize or item.

If I set up a trust or LLC for purposes of claiming my winnings, is the trust or LLC taxable?
Yes, the winnings retain their character and would be subject to taxation at the entity level.

Are annuity payments received after July 1, 2009 but before May 23, 2011 for winnings from lotteries or games of chance won BEFORE January 1, 1999 taxable?
Yes and No. Gambling winnings won prior to January 1, 1999 and distributed in annuity payments between July 1, 2009 and July 22, 2010 are taxable. Gambling winnings won prior to January 1, 1999 and distributed in annuity payments between July 23, 2010 and May 22, 2011 are not taxable.

Are annuity payments received after July 1, 2009 but before May 23, 2011 for winnings from lotteries or games of chance won AFTER January 1, 1999 taxable?
Yes, Gambling winnings won after January 1, 1999 and distributed in annuity payments are taxable if the payment is received between July 1, 2009 and May 22, 2011.

Is the commission received by vendors for the sale of a winning ticket subject to the Gambling Winnings Tax? No, this is a commission paid to the retailer.

If the IRS audits my income return and adjusts the income classified as gambling winnings do I need to report these changes to NH?
Yes, you will need to file an Amended DP-300 to report the adjustments and attach a copy of the Revenue Agent Report.

Are winnings from charitable organizations subject to tax?
Yes, there is no provision to exempt gambling winnings that you received from charitable organizations.

If I donate my winnings to charity, are the winnings subject to tax?
If you cash in your ticket and then donate all or any portion of your gambling winnings, you must the pay the Gambling Tax on the entire amount of your gambling winnings. If you donate the winning ticket to any educational, religious, charitable or temperance organization incorporated or organized in this state, you will not be taxed on your gambling winnings.

If I paid the New Hampshire Gambling Tax on April 15, 2011 for gambling winnings I won on August 18, 2010, can I get a refund of the tax I paid?
No. The Legislature's passage of House Bill 229 (Chapter 47, Laws of 2011) does not apply the repeal of RSA 77:38 through :50 retroactively and, therefore, those taxpayers who reported and paid New Hampshire Gambling Winnings Tax for gambling winnings received between July 1, 2009 and May 22, 2011 are not entitled to a refund based upon the repeal.

The tax was withheld from my winnings received after the May 23, 2011 repeal. How do I request a refund?
If you receive a Form W-2G indicating NH state tax was withheld in box 14 or a Form 1042-S showing a withholding in box 23, complete a Form DP-300, Gambling Winnings Tax Return to request a refund of the overpayment amount on Line 8.

How do I get help?
Call Taxpayer Services at (603) 230-5920, Monday through Friday, 8:00 am - 4:30 pm. All written correspondence to the Department should include the taxpayer name, federal employer identification number, social security number or individual tax identification number, the name of a contact person and a daytime telephone number, and should be addressed to the Document Processing Division, PO Box 1004, Concord, NH 03302-1004.

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