Tax Type
Individual Income Tax
Description
Taxes paid by residents to other states; Lottery winnings
Topic
Credits
Date Issued
06-23-1995
June 23, 1995
Re: Ruling Request: Individual Income Tax
Dear ********************
This will reply to your letter of April 13,1995, in which you request information regarding a Virginia credit for income tax paid to Maryland on lottery winnings paid by that state.
FACTS
The Taxpayer is a Virginia resident who won the Maryland lottery in 1988 and receives yearly installment payments. He is required by Maryland law to file a nonresident Maryland return and pay tax on his gambling winnings.
For taxable years prior to 1992, Maryland law allowed Virginia residents to claim a credit against their Maryland nonresident tax liability. Because Maryland has since repealed this law, you request information on the proper procedure for claiming this credit for taxable years 1992 and thereafter.
DETERMINATION
Code of Virginia §58.1 -332(A) provides individuals a credit for income tax paid to another state:
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- Whenever a Virginia resident has become liable to another state for income tax on any earned or business income for the taxable year... (Emphasis added)
- Whenever a Virginia resident has become liable to another state for income tax on any earned or business income for the taxable year... (Emphasis added)
In P.D.95-152, the credit was denied on the basis that gambling winnings were neither earned or business income. Therefore, although I am sympathetic to your situation, for the same reasons set forth more fully in P.D. 95-152, the department cannot allow a credit to a Virginia resident for income tax paid to Maryland on lottery winnings.
I trust this will answer the questions posed in your letter; however, please contact **************if you have additional questions or if we may be of any further assistance.
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- Sincerely,
Danny M. Payne
Tax Commissioner
- Sincerely,
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Rulings of the Tax Commissioner