Why do I not receive a state tax refund from Mississippi my gambling winnings are offset by gambling losses? Nonresident of Mississippi. I have no Mississippi earnings.

[Critter]

Good news ... you don't have to file a MS return !!!   Bad news ... they are keeping the state taxes withheld.

How do I report Gambling Winnings?

Gambling winnings reported on a W2G, 1099, or other informational return from Mississippi casinos are subject to a three percent (3%) non-refundable income tax. The casinos withhold the tax at the time of payout.

The amount withheld is non-refundable to the taxpayer. Section 27-7-901 of the Mississippi Code provides that the amount of winnings reported on W2G, 1099 or other informational return from Mississippi casinos are not included in Mississippi income and no income tax credit is allowed for the amount of withholding.

A non-resident taxpayer with only Mississippi gambling winnings and/or losses should not file a Mississippi tax return. The document provided by the casino is considered the income tax return for this type of Mississippi income and therefore is proof that the tax was paid to Mississippi.?

[LEE5]

Then why did Tubotax tell me to add the tax to my delux and file for Mississippi charging over $40+$21efile

[Critter]

Because you said you had income from another state in the Personal Info tab so the MS program was suggested... the program didn't know that all the income you had was from gambling winnings.

I seem to recall the W-2g  paperwork given out by the casinos in MS inform you of this situation ... many states make the withholding non refundable on gambling winnings... if they didn't they would make no money on the casinos.


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