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What is ma lottery winners tax liability?

Updated: 10/26/2022
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Please note this info was initially posted in 1986, so it may be dated, but this was the the clearest info available on the MA DOR website.

= Directive 86-24: Lottery Winnings; Lottery Tickets =

Facts: Taxpayer Davis, a computer programmer, buys 15 lottery tickets each week choosing ticket numbers according to a system she has developed. During the current taxable year, Davis spent $390 on these tickets. For the same period she picked one lucky number and had lottery winnings of $300. She includes the $300 in income on her U.S. Form 1040 and deducts $300 of the $390 spent on lottery tickets on her U.S. Schedule A.

Issue 1: Must Davis include her lottery winnings in her Massachusetts gross income?

Issue 2: May Davis deduct the cost of her lottery tickets on her Massachusetts return?

Discussion: Federal gross income is all income from whatever source derived, including gains from gambling. I.R.C. § 61. Massachusetts gross income is federal gross income with certain modifications of no relevance here. G.L. c. 62, § 2(a). Thus, Massachusetts taxpayers must include lottery winnings in Massachusetts gross income.

Massachusettsgross income is divided into two classes, Part A income taxed at 10% and Part B income taxed at 5%. Part A income is comprised of interest, dividends, and net capital gain, other than interest and dividends from savings deposits in Massachusetts banks. G.L. c. 62, § 2(b)(1). Part B income is all other income subject to taxation. G.L. c. 62, § 2(b)(2). Consequently, gambling gains are Part B income, taxed at 5%.

More at http://www.mass.gov/?pageID=dorterminal&L=7&L0=Home&L1=Businesses&L2=Help+%26+Resources&L3=Legal+Library&L4=Directives&L5=Directives+-+By+Decade&L6=(1980-1989)+Directives&sid=Ador&b=terminalcontent&f=dor_rul_reg_dir_dir_86_24&csid=Ador

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