Bill Text - SB511 (2010)

Relative to an exemption from the tax on gambling winnings.


Revision: May 6, 2010, midnight

SB 511-FN-A – VERSION ADOPTED BY BOTH BODIES

03/24/10 1127s

2010 SESSION

10-2944

09/10

SENATE BILL 511-FN-A

AN ACT relative to an exemption from the tax on gambling winnings.

SPONSORS: Sen. Barnes, Jr., Dist 17; Sen. Odell, Dist 8; Sen. D'Allesandro, Dist 20; Sen. Bradley, Dist 3

COMMITTEE: Finance

AMENDED ANALYSIS

This bill establishes an exemption from the tax on gambling winnings for gambling winnings won prior to January 1, 1999 and distributed in annuity payments.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/24/10 1127s

10-2944

09/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to an exemption from the tax on gambling winnings.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Gambling Winnings; Non-Taxable Income. Amend RSA 77:41 to read as follows:

77:41 Non-Taxable Income.

I. No tax shall be levied directly or indirectly under this subdivision upon any income otherwise taxable hereunder, which is received and used by any educational, religious, charitable, or temperance organization incorporated or organized in this state, for the purposes for which it is established.

II. No tax shall be levied directly or indirectly under this subdivision upon gambling winnings otherwise taxable hereunder, won prior to January 1, 1999 and distributed in annuity payments.

2 Effective Date. This act shall take effect upon its passage.

LBAO

10-2944

Amended 04/03/10

SB 511 FISCAL NOTE

AN ACT relative to an exemption from the tax on gambling winnings.

FISCAL IMPACT:

    The Lottery Commission states this bill, as amended by the Senate (Amendment #2010-1127s), will decrease state general fund revenue by $1,170,000 in FY 2010, $1,041,250 in FY 2011, $981,067 in FY 2012, $869,267 in FY 2013 and $837,667 in FY 2014. This bill will have no fiscal impact on state, county and local expenditures or county and local revenue.

METHODOLOGY:

    The Lottery Commission states this bill establishes an exemption from the tax on gambling winnings for gambling winnings won prior to January 1, 1999 and distributed in annuity payments. The Commission assumed an effective date in FY 2010, and assumed any revenue collected to date in FY 2010 would be refunded by the agency collecting the tax, the Department of Revenue Administration (DRA). The table below shows DRA’s estimate of the gambling winnings tax revenue reduction as a result of this bill.

 

FY 2010

FY 2011

FY 2012

FY 2013

FY 2014

Non-taxable annuities won prior to 1/1/99:

$11,700,000

$11,700,000

$11,700,000

$11,700,000

$11,700,000

           

Winners last annuity payment

         

    2010

 

($1,287,500)

($1,287,500)

($1,287,500)

($1,287,500)

    2011

   

($601,832)

($601,832)

($601,832)

    2012

     

($1,118,000)

($1,118,000)

    2013

       

($316,000)

    2014

         
           

Annuities no longer taxed

$11,700,000

$10,412,500

$9,810,668

$8,692,668

$8,376,668

Tax Rate

10%

10%

10%

10%

10%

Gambling Winnings Tax Revenue Reduction

($1,170,000)

($1,041,250)

($981,067)

($869,267)

($837,667)

    The Department of Revenue Administration states that the Lottery Commission would have the data concerning the amount of gambling winnings taken as annuity payments versus in a lump sum. The Department states the provisions of this bill can be administered within the Department’s existing budget.