The news about taxes on gambling winnings doesn’t end there. The gambling institution is required to withhold 24% of your winnings as federal withholding tax, down from the previous 25% under the tax reform law. At tax time, you’ll receive Form W-2G for all reported winnings showing the amount you won and the taxes withheld. Federal Laws for Winnings You’ll have to deal with the federal government right off the top, before your state even gets involved. The Internal Revenue Service requires that lottery officials must withhold taxes from your winnings at the rate of 24% if you win $5,000 or more after subtracting the cost of your ticket.

1. Why Are Gambling Winnings Taxed

Las Vegas is one of the favorite destinations of foreign nationals visiting the USA. If the luck strikes, these foreign nationals can win thousands of dollars at casinos. Nonresident aliens or foreign nationals visit the USA for a short time so most of the time foreign nationals are confident about leaving the USA with the entire amount of gambling winnings. However, the IRS has its own set of rules. Nonresident alien might be subject to 30% tax on gambling winnings so it is essential to understand the IRS regulations in regards to gambling winnings tax.

This is an email from one of our clients, a foreign national visiting the USA. “I visited the USA in 2012 for 1 month. Specifically, I was in Las Vegas and won $200,000 at the casino. I cannot even describe how happy I was. However, the casino refused to pay me the entire amount of gambling winning. Moreover, I was assessed 30% gambling winnings tax. I will appreciate if you can clarify whether I can claim this money back. I do not think that gambling winnings tax was legitimate in my case.”

The above situation is quite common. Casinos follow the IRS guidelines, however, there are several ways to avoid or to minimize gambling winnings tax on foreign nationals.

About Form W-2 G, Certain Gambling Winnings File this form to report gambling winnings and any federal income tax withheld on those winnings. The requirements for reporting and withholding depend on: the type of gambling. There’s no doubting that Do You Get Taxed On Gambling Winnings Usa the laws of the land affect Do You Get Taxed On Gambling Winnings Usa your relationship with online casinos: sometimes in a positive way, but sometimes in a negative way. Luckily, there are so Do You Get Taxed On Gambling Winnings Usa many options available for people looking for an online casino they can trust.

IRS Rules and Gambling Winnings Tax on Foreign Nationals

There are several scenarios that might happen.

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Foreign Professional Gambler and Gambling Winnings Tax

Las Vegas is famous for hosting professional poker tournaments and other gambling events. Consequently, foreign professional gamblers can win millions of dollars by participating in these events. If foreign nationals or nonresident aliens are engaged in a US trade or business at any time during the year, then they are taxed at regular US rates. Moreover, the US net taxable income is calculated as a difference between US gross income and all applicable deductions. Pending particular circumstances, these foreign professional gamblers will fall into the category “engaged in a US business”. As a result of it, they will not be subject to 30% withholding gambling winnings tax. However, each situation is unique so it is important to analyze specific circumstances.

A taxpayer can be treated as engaged in a US trade or business if their activities in the US are continuous, regular and substantial rather than sporadic or isolated. If it is considered from the context of gambling, this would mean that the non-resident alien (NRA) is inside of the US often enough to be treated as engaged in gambling activity on a regular basis. The NRA would also have to be in the US long enough to be treated as a resident, and subject to the US tax on worldwide income. This fact is determined by using the substantial presence test, where your physical presence inside of the US is evaluated over a 3 year period.

It may also be possible to obtain the professional gambler status if you were in the US only a few times in the year, if the gambling activity involved a significant amount of money. In this circumstance the quality of the type of gambling could outweigh the quantity, allowing you to be considered a professional gambler for US tax purposes.

Your ability to be able to file a tax return as a professional gambler will make a significant difference in the outcome of your tax due. Winnings can be be offset by your losses, and the net gains are taxed at a graduated tax rate. At the graduated rate you may find that the tax rate imposed is substantially less than the 30% rate imposed by the withholding system. Whether or not you are able to receive this financial benefit on your tax return will depend on how the facts submitted to the IRS are interpreted. So a proper guidance from an expat tax CPA is suggested.

Foreign Nationals and 30% Withholding Gambling Winnings Tax

Foreign nationals with US gambling winnings by accident face a different story. These foreign nationals will be subject to 30% income tax rate or lower tax treaty rate because this income is not effectively connected with US trade or business. Some types of gambling winnings are exempt from this tax. Per the IRS regulations the list includes the following games: blackjack, craps, baccarat, roulette or big six wheel.

Foreign Nationals, Tax on Gambling Winnings and US Tax Treaties

The USA signed an income tax treaty with various countries. Several of these income tax treaties have a provision for the gambling income.

There are select countries which have a tax treaty with the United States (US) that will reduce the 30% withholding tax on gambling proceeds. If you are a resident of one these treaty countries, you only need to present a form to the casino that will prevent any withholding tax from being applied.

The nationals of the following countries are exempt from US income tax on gambling winnings.

• Austria
• Belgium, Bulgaria
• Czech Republic
• Denmark
• Finland, France
• Germany
• Hungary
• Iceland, Ireland, Italy
• Japan
• Latvia, Lithuania, Luxembourg
• Netherlands
• Russia
• Slovak Republic, Slovenia, South Africa, Spain, Sweden
• Tunisia, Turkey
• Ukraine, and the United Kingdom

The form that you need to present is W8-BEN. This form will assist you in claiming the treaty benefits along with your Individual Taxpayer Identification Number (ITIN).

If a a tax was withheld on your gambling earnings, you do have the option of filing a US tax return and request the IRS for a refund. In order to do so, you will need to file Form 1040-NR, once the tax year has been completed.

How to claim a tax treaty rate on gambling winnings of foreign nationals?

Foreign nationals must file the IRS Form 1040NR to claim a tax treaty rate and to minimize the amount of gambling winnings tax. Some other countries have a lower tax treaty on gambling winnings too.

Conclusion

Foreign nationals with gambling winnings are suggested to contact an expat tax CPA that specializes in working with nonresidents with US interests. There are several ways to minimize US gambling winnings tax so it is important to review each individual situation with an expert. International tax experts at Artio Partners are pleased to assist foreign nationals with US interests.

Gambling In America

If you've ever won a jackpot in Las Vegas, you probably know that your excitement diminishes at least a little when the casino throws a W-2G tax form in your face. In fact, if you don’t provide your social security number, the casino will automatically withhold up to 30% of your winnings. The same goes for lottery and horse racing wins above $1200. Yet when playing online, paying taxes isn’t always so black and white.

Americans who play at US-based online casinos will usually have to deal with withholding taxes just like in Las Vegas. Yet that only represents a small fraction of your entertainment options. When playing at licensed offshore online casinos or poker rooms, American players usually won’t hear the words taxes mentioned at all.

Sadly, it is never safe to assume that your winnings are ultimately tax-free. It is true that Americans who play at internet gambling sites outside of the USA won’t be subject to withholding taxes when withdrawing their winnings. Yet you may be required to report these gains when you file your taxes in April. The greatest determinant is the number, size, and frequency of your wins. The actual threshold varies from state to state and whether or not you are an amateur or professional. For more information on reportable gambling winnings visit the IRS guide: https://www.irs.gov/instructions/iw2g/ar02.html

Professional Gamblers

Whether or not you qualify as a professional gambler doesn’t solely depend on your performance at the tables. The main litmus test is the expectation and probability of profit in the eyes of the Internal Revenue Service. Your success and whether or not you have a regular job on top of gambling may also be factors.

With even amateur gamblers having to deal with taxes, professional gambling does have benefits. You can actually deduct your wins from your losses when your treat your gameplay as a business. No matter what your current status is and how often you play, it's best to keep tabs on your performance to develop strategies, stick to a budget, and simply know where you stand. You can find this tip sheet courtesy of the IRS: https://www.irs.gov/taxtopics/tc419.html

Whether or not the IRS can actually track your winnings is another matter entirely. Yet you should be aware of your obligations. With a huge budget deficit and ballooning debt, the federal government is looking to fill their financial holes any way they can. Between the NSA and modern forensic accounting practices, covering your digital tracks is more difficult than it used to be.

Tax Obligations Outside Of The USA

The United States is a bit of an outlier when it comes to taxing gambling winnings. In the United Kingdom, the government taxes the gross profits of casino operators rather than players. Canadians can play the lottery, live casinos, poker and online games without paying taxes unless they are a professional. Likewise, Australians and New Zealanders can also gamble tax-free. To put things in perspective, Americans do pay some of the lowest personal income taxes in the first world. Things tend to even out in the end.

Like anything else, interpreting the rules is always a matter of debate. Here's an interesting tax perspective for Canadians: http://business.financialpost.com/personal-finance/tax-expert-a-gamble-over-poker-winnings

Things To Consider

Keep in mind that Americans have to deal with both Federal and State taxes on most forms of income. Always keep basic records no matter how often you play or win. This will make things easier during tax season.

Accountants Have The Answers

Why Are Gambling Winnings Taxed

No matter where you live, it's always best to discuss your personal situation with a licensed tax professional in your area. You can usually get a short consultation for free with complete confidentiality. It's the best way to play by the rules while minimizing your tax burden.