Yes, you can win the lottery if you’re not a US citizen. Both Mega Millions and Powerball allow non-citizens and non-residents to buy tickets and collect prizes, and the states that run those games will pay you. The catch is what happens after you win: the IRS withholds a flat 30 percent from lottery prizes paid to foreign winners, most tax treaties don’t reduce that rate, and claiming the money requires documents many visitors don’t travel with.
Buying a Ticket as a Non-Citizen
Two things are required to buy a US lottery ticket: meeting the minimum age and being physically inside a state that runs a lottery. Most states set the age at 18; a few require 19 or 21. Retailers don’t check citizenship or immigration status, and you don’t need to show ID to purchase.
You do have to be there in person. Buying US lottery tickets online from another country isn’t legal, and Mega Millions warns that it has no affiliation with any company claiming to sell tickets internationally.1Mega Millions. FAQs A tourist visa, a business trip, or a student visa is enough — if you’re standing in the state, you can walk into a licensed retailer and buy a ticket like anyone else.
How to Claim the Prize
Small prizes are simple. Winnings under $600 can generally be cashed at the retailer that sold you the ticket. At $600 and above, you go to a lottery office with photo ID. A foreign passport is accepted; you don’t need a US driver’s license or a Social Security card.
Because you’re a foreign person, the lottery commission will ask you to complete IRS Form W-8BEN before releasing the money. The form certifies your foreign status and your country of tax residence.2Internal Revenue Service. About Form W-8 BEN, Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding and Reporting (Individuals) You give it to the lottery, not the IRS, and it’s required whether or not you’re claiming a treaty rate.3Internal Revenue Service. Instructions for Form W-8BEN Bring your passport, your foreign address, and your foreign tax identification number.
Claim deadlines matter more than most winners realize. Every state sets its own, and they run anywhere from 90 days to a full year after the drawing. If you bought a ticket on vacation and flew home, the clock is still running. Some states let you claim large prizes by mail, but policies vary, so contact the state lottery quickly. An expired claim is gone, whatever the prize was worth.
The 30 Percent Federal Tax
Federal law imposes a flat 30 percent tax on US-source income paid to nonresident aliens, and lottery winnings sit squarely inside that category.4Office of the Law Revision Counsel. 26 US Code 871 – Tax on Nonresident Alien Individuals The lottery commission takes it out before paying you.5Office of the Law Revision Counsel. 26 US Code 1441 – Withholding of Tax on Nonresident Aliens On a $10 million lump sum, $3 million is gone before you see the check.
One point causes confusion. Federal law does exempt certain casino table games — blackjack, baccarat, craps, roulette, and big-6 wheel — from this 30 percent tax when the winner is a nonresident alien.4Office of the Law Revision Counsel. 26 US Code 871 – Tax on Nonresident Alien Individuals Lottery winnings are not on that list. If a friend walked out of a casino tax-free, that has nothing to do with your lottery prize.
Tax Treaties Rarely Help
The US has income tax treaties with dozens of countries. In theory a treaty can reduce or eliminate the 30 percent. In practice, very few treaties give any relief for gambling or lottery income. They tend to cover wages, dividends, interest, and pensions, while lottery prizes fall under “other income” provisions that either aren’t in the treaty or don’t lower the rate.
If your country’s treaty does cover gambling income, you claim the reduced rate on Form W-8BEN by entering the treaty article, the rate, and the type of income. Check the IRS treaty table in Publication 901 for your specific country before you count on it.6Internal Revenue Service. Publication 901 (09/2024), US Tax Treaties If gambling income isn’t listed for your country, the full 30 percent applies, no matter what other treaty benefits exist.
State Taxes on Top
Most states also tax lottery prizes. State withholding rates run from zero to more than 12 percent depending on where the ticket was sold, and some states withhold more from non-residents than from residents. Combined with federal withholding, you can lose 35 to 42 percent of the advertised prize before any of it reaches you.
Lump Sum or Annuity
Large jackpots usually let the winner choose a reduced lump sum now or the full advertised amount paid out over roughly 30 years. For a non-citizen, the choice carries extra weight.
Take the annuity and the lottery keeps mailing payments after you return home. The IRS keeps withholding 30 percent from each one. You’ll need a US bank account or another way to receive the funds, and you’re tied to US tax administration for decades. The lump sum is simpler: one payment, tax taken out at once, after-tax proceeds you can move home in a single transaction. The trade-off is the discount, often close to half of the advertised jackpot. Most non-residents who don’t plan to stay in the US find the lump sum far easier to manage.
Filing a US Tax Return
If the 30 percent withholding fully covers your tax liability, filing a US return is generally not required. You might still want to. If a treaty rate should have applied but wasn’t, filing Form 1040-NR is how you claim the refund.7Internal Revenue Service. Instructions for Form 1040-NR Filing also makes sense if you had other US-source income that year or if your tax status is unclear.
Getting an ITIN
A US tax filing needs a taxpayer identification number. If you don’t have a Social Security Number, apply for an Individual Taxpayer Identification Number by submitting IRS Form W-7 with your return.8Internal Revenue Service. Individual Taxpayer Identification Number (ITIN) A bank may also want a tax ID number when you open a US account to receive your winnings.
Moving the Money Home
Wire transfers through a bank have no legal ceiling under the currency transport rules — send any amount electronically and no cross-border reporting is triggered. Physical cash is different. Federal law requires anyone taking more than $10,000 in currency or monetary instruments across US borders to file FinCEN Form 105.9Office of the Law Revision Counsel. 31 US Code 5316 – Reports on Exporting and Importing Monetary Instruments Skipping the form can mean seizure of the money and criminal charges.
If you need a US bank account for the lottery to deposit into, expect the bank to ask for a passport and possibly an ITIN or SSN. Requirements vary, so call before your claim appointment. Once the funds are in, an international wire home is the straightforward next step.
The Estate Tax Trap
This one catches people. When a nonresident alien dies holding US-based assets — a US bank account, future annuity payments from a US lottery — the federal estate tax applies. US citizens and permanent residents get an exemption covering millions of dollars. Nonresident aliens get a credit of just $13,000, which shelters only about $60,000 of assets.10Office of the Law Revision Counsel. 26 US Code 2102 – Credits Against Tax Everything above that is taxed at rates up to 40 percent.
For a jackpot winner with millions in a US account or an annuity paying from US sources, the exposure is enormous. Some countries have estate tax treaties with the US that provide relief; many don’t. Moving funds out of the US soon after winning reduces the exposure, which is another practical argument for the lump sum. A cross-border estate attorney is worth consulting once the numbers get large.
Does Winning Help With Immigration?
Winning does not create any immigration benefit. There’s no visa or green card that comes with a jackpot. It can, however, help an application already in motion. When immigration officials evaluate visas and green cards, they apply the “public charge” test, weighing an applicant’s assets, financial status, health, education, and family circumstances.11Office of the Law Revision Counsel. 8 US Code 1182 – Inadmissible Aliens A large win strengthens the financial side of that assessment. It doesn’t fix problems in health, immigration history, or other areas, and the decision looks at the whole picture rather than the bank balance alone. Keep clean documentation of the winnings and how you’ve handled the money if you have an application pending.