Official Site of The State of New Jersey

There are many forms of gambling winnings that are subject to the New Jersey Gross Income Tax, including legalized gambling (online and in-person sports betting, casino, racetrack, etc.) and illegal gambling

Withholding Rate from Gambling Winnings

New Jersey Income Tax is withheld at an amount equal to 3% of the payout for both New Jersey residents and nonresidents (N.J.S.A. 54A:5.1(g)).

Estimated Payments

If you will not have enough withholdings to cover your New Jersey Income Tax liability, you must make estimated payments to avoid interest and penalties. For more information on estimated payments, see GIT-8, Estimating Income Taxes .

Out-of-State Sales

Gambling winnings from a New Jersey location are taxable to nonresidents. Gambling includes the activities of sports betting and placing bets at casinos and racetracks.

Calculating Taxable Income

You may use your gambling losses to offset gambling winnings from the same year as long as they do not exceed your total winnings. If your losses were greater than your winnings, you cannot report the negative figure on your New Jersey tax return. You must claim zero income for net gambling winnings. For more information, see TB-20(R) , Gambling Winnings or Losses.

You may be required to substantiate gambling losses used to offset winnings reported on your New Jersey tax return. Evidence of losses can include your losing tickets, a daily log or journal of wins and losses, canceled checks, notes, etc. You are not required to provide a detailed rider of gambling winnings and losses with your New Jersey tax return. However, if you report gambling winnings (net of losses) on your New Jersey return, you must attach a supporting statement indicating your total winnings and losses.

Reporting Taxable Winnings

Include taxable gambling winnings in the category of "net gambling winnings" on your New Jersey Gross Income Tax return.

New Jersey Lottery winnings from prize amounts exceeding $10,000 are taxable. The individual prize amount is the determining factor of taxability, not the total amount of Lottery winnings during the year.

• For example, if a person won the New Jersey Lottery twice in the same year, and the winning prize amounts were $5,000 and $6,000, these winnings would not be subject to New Jersey Gross Income Tax. However, if that person won the Lottery once and received a prize of $11,000, the winnings would be taxable.
• This standard for taxability applies to both residents and nonresidents.
• The New Jersey Lottery permits donating, splitting, and assigning Lottery proceeds to someone else or to a charity. If you choose to donate, split, or assign your Lottery winnings, in whole or in part, the value is taxable to the recipient in the same way as it is for federal income tax purposes.

Withholding Rate from Lottery Winnings

The rate is determined by the amount of the payout. If a prize is taxable (i.e., over $10,000), the entire amount of the payout is subject to withholding, not just the amount in excess of $10,000. The withholding rates for gambling winnings paid by the New Jersey Lottery are as follows:

• 5% for Lottery payouts between $10,001 and $500,000;
• 8% for Lottery payouts over $500,000; and
• 8% for Lottery payouts over $10,000, if the claimant does not provide a valid Taxpayer Identification Number.

New Jersey Income Tax withholding is based on the total amount of the prize won. For example, if two people win a New Jersey Lottery prize of $14,000 and split the proceeds equally, $7,000 of income is taxable to each person and is subject to the 5% withholding rate. Both taxpayers would be subject to the 5% withholding because the total amount of the prize exceeded $10,000.

Companies that obtain the right to Lottery payments from the winner and receive Lottery payments are also subject to New Jersey withholdings. Each company is required to file for a refund of the tax withheld, if applicable.

Making Estimated Payments

If you will not have enough withholdings to cover your New Jersey Income Tax liability, you must make estimated payments to avoid interest and penalties. For more information on estimated payments, see GIT-8, Estimating Income Taxes .

Out-of-State Sales

Out-of-state lottery winnings are taxable for New Jersey Gross Income Tax purposes regardless of the amount.

Calculating Taxable Income

You may use your gambling/lottery losses to offset gambling/lottery winnings from the same year as long as they do not exceed your total winnings. If your losses were greater than your winnings, you cannot report the negative figure on your New Jersey tax return. You must claim zero income for net gambling winnings. For more information, see TB-20(R) , Gambling Winnings or Losses.

You may be required to substantiate gambling/lottery losses used to offset winnings reported on your New Jersey tax return. Evidence of losses can include your losing lottery tickets, notes, etc. You are not required to provide a detailed rider of gambling winnings and losses with your New Jersey tax return. However, if you report gambling winnings (net of losses) on your New Jersey return, you must attach a supporting statement indicating your total winnings and losses.

Reporting Taxable Winnings

Include taxable New Jersey Lottery winnings in the category of "net gambling winnings" on your New Jersey Gross Income Tax return.