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@jasnyder1992 What was your outcome. The same thing is more than likely going to happen to me. I’m trying to get ahead of it but it doesn’t look good.
There is no provision that I know of that excludes gambling winnings in the state of West Virginia. Please read the following excerpt from the WV legislature that state that gains from gambling and lotteries are to be included as taxable income.
If you receive a Form W2-G (in Illinois anything over $1,200 gets one) have them take out the state taxes. I live in Illinois and now mostly gamble here, so I have virtually no state hit but you do get less each time.
- I have income from gambling winnings that I was able to write off to zero on my federal
- I live in VA
- I had the casino take out taxes from those winning in WV...so I'm completing a WV state tax form
- Under Nonresident Allocations, it is showing my Fed Income of course as "Other Income"...
when I click on "Examples" of other income it says the following: Other Income does not include:
"Gambling winnings, other than prizes awarded by the West Virginia State Lottery as described above, unless you are engaged in the business of gambling..." (I am not)
So, that would imply that I don't use that as WV Income While Nonresident, which means I should get back on a WV (2022) return the complete amount that I had withheld.
Correct or not?
You are correct, gambling winnings in West Virginia are not taxable to non-residents, so you should receive a refund of taxes withheld from your winnings. @ejpalmer007
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