Tax Refund On Us Casino Winnings
U.S. Gambling Tax Recovery
- As a result of recent changes in the tax treaty between the U.S. And Canada, Canadian citizens who won enough to have the witholding of tax on their winnings, may file a U.S. Non-Resident Tax Return on which they can deduct U.S. Gambling losses from their reported U.S. Winnings and potentially get a refund for the full amount withheld, if you have as much or more in losses than winnings.
- A nonresident who received gambling winnings from Louisiana sources and who is required to file a federal income tax return must file a Louisiana return reporting the Louisiana income earned. If the amount withheld is overpaid, a refund of the difference will be issued or credited to the tax liability for the following year, based upon the.
The rules regarding tax on winnings are the same whether the prize is issued in a lump-sum payout or in pieces over time. You report the income when you receive it. That said, the tax impacts can.
Author: Brad Howland
First Posted: Jan. 2, 2007
Canadians who gamble in the United States may find that 30% of their winnings are withheld to cover U.S. non-resident's tax. Under certain circumstances, this tax can recovered by filing a U.S. tax return.
The IRS requires casinos and other gambling establishments to withhold 30% of the gambling winnings of Canadian visitors to the U.S. However, if you also have U.S. gambling losses during the year, it is possible to file a 1040NR return, deduct those losses from your winnings, and receive a refund of the tax withheld. You must have received 1042-S forms (or W-2G forms) from the gambling establishments showing income and tax withheld, and you must be a U.S. non-resident, for this procedure to work.
You must also have records to substantiate your losses. The IRS provides the following guideline on their website: 'It is important to keep an accurate diary or similar record of your gambling winnings and losses. To deduct your losses, you must be able to provide receipts, tickets, statements or other records that show the amount of both your winnings and losses.'
Your diary should record the date, location, and type of your gambling activities, as well as amounts won or lost. These records do not have to be submitted with the tax return, but must be available if requested by the IRS.
If you have winnings from blackjack, baccarat, craps, roulette, or big-6 wheel, and the casino gave you Form 1042-S showing that tax was withheld, you don't require gambling losses to claim a full refund of the tax.
The tax refund is obtained by following two basic steps:
1. Obtain an ITIN Number
If you do not have a U.S. Individual Taxpayer Identification Number (ITIN) you need to apply for one by submitting Form W-7 to the IRS along with your tax return. The application process requires you to submit certain documents as proof of identity and foreign status:
IRS has streamlined the number of documents the agency will accept as proof of identity to obtain an ITIN. There are now 13 acceptable documents.
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An original, or a certified or notarized copy, of an UNEXPIRED passport is the only document that is accepted for both identity and foreign status. If you do not have a passport, you must provide a combination of current documents that contain expiration dates - we accept docs issued within 12 months of the application if no expiration date is normally available. The documents must also show your name and photograph, and support your claim of foreign status.
IRS will accept certified or notarized copies of a combination (two or more) of the following documents, in lieu of a passport:
- National identification card (must show photo, name, current address, date of birth, and expiration date)
- U.S. driver's license
- Civil birth certificate
- Foreign driver's license
- U.S. state identification card
- Foreign voter's registration card
- U.S. military identification card
- Foreign military identification card
- Visa
- U.S. Citizenship and Immigration Services (USCIS) photo identification
- Medical records (dependents - under 14 years old - only)
- School records (dependents and/or students - under 25 years old - only)
(Source)
Naturally, you probably don't want to send original copies of your documents to the IRS. Although it possible to send certified or notarized copies, there is a catch: copies must be certified by the 'issuing agency or official custodian of the original record,' or 'notarized by a U.S. notary public legally authorized within his or her local jurisdiction to certify that the document is a true copy of the original.' For Canadian residents who don't want to travel to the United States just to find a notary, U.S. notaries public are available at U.S. embassies and consulates in Canada.
In our practice we have used the notary services available at the Vancouver Consulate General, with good success and a reasonable turn-around time. However, it may be more convenient for you to drop into the nearest Canadian passport office and have them make a certified copy of your passport. At the time of this writing, it is free and seems to take about a week to get ready.
Alternatively, if you don't want to go through the somewhat onerous process of applying for an ITIN by yourself, you can use an official IRS 'Certifying Acceptance Agent.' An Acceptance Agent is authorized by IRS to assist individuals in obtaining ITINs, and will probably charge a fee for the service provided. The IRS posts a list of Acceptance Agents on it's website. The list is updated quarterly, and many are located in Canada.
2. Prepare the 1040NR Return
ITIN applications on Form W-7 are required to be submitted to the IRS with the tax return as an accompanying attachment, along with the necessary original, certified or notarized documents (as above). Your package is sent to the Austin, Texas mailing address at:
Internal Revenue Service
Austin Service Center
ITIN Operation, P.O. Box 149342
Austin, TX 78714-9342
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In general you can expect it to take at least three-four months to process your return and refund. It is acceptable to file 1040NR returns and claim refunds for the previous three years. We provide Form W-7 and 1040NR preparation services for $300, plus 12% HST and shipping.
Related Websites
IRS Tax Topic 419
Gambling Income and Expenses
Recovering U.S. Tax on Gambling Winnings
As a Certifying Acceptance Agent (“CAA”) in Columbus, Ohio, Porter Law Office, LLC offers comprehensive gambling tax refund services. If you have visited a casino in the United States and won money gambling, you are well aware of the 30% tax that the casinos withhold from your gambling winnings.
Porter Law Office, LLC is a full-service law firm and CAA that assists residents of Canada and certain other countries claim a full refund of U.S. tax on gambling winnings withheld by the casino.
Gambling Tax Refund Attorney
Porter Law Office, LLC is an IRS-approved CAA who assists Canadians and other non-residents who gamble in the United States with recovering taxes withheld on gambling winnings. Matthew R. Porter is a tax and immigration lawyer who has the international taxation experience to assist you through the administrative channels of the IRS to secure your casino tax refund.
U.S. Casino Tax Refund Services
The IRS will not voluntarily issue your casino tax refund. You must start the process. Simply filing the required forms to obtain your casino tax refund is often times not enough. In fact, submitting an incomplete or inaccurate return can significantly delay your refund. Negotiating with the IRS during the gambling tax refund recovery process requires an in depth understanding of the IRS’s practices and procedures as well as the substantive gambling winnings and gambling loss record-keeping requirements.
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Columbus tax attorney Matthew R. Porter has in depth experience negotiating with the IRS to recover frozen refunds of the gambling winnings tax. The IRS may freeze your gambling tax refund and require you to substantiate (prove) your gambling losses.
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Release of Frozen Gambling Tax Refund
In a representative case, Mr. Porter assisted with obtaining the release of a gambling tax refund of approximately $2M. The IRS had frozen the refund and audited the taxpayer. Specifically, the IRS requested that the taxpayer prove gambling losses. The company that assisted the taxpayer with filing the Form 1040NR obtained the ITIN and filed Form 1040NR for the taxpayer, but did not perform its legal due diligence. Mr. Porter assembled detailed documentation of the taxpayer’s gambling losses. After providing the IRS with the gambling loss documentation and legal arguments in favor of releasing the frozen refund, the IRS released 100% of the gambling taxes reported on the taxpayer’s Form 1040NR.
Disclaimer: Results may vary based on specific facts and circumstances surrounding each individual case.
Contact Porter Law Office, LLC
Porter Law Office, LLC will stand up to the IRS to ensure that you receive the casino tax refund to which you are entitled. Tax attorney Matthew R. Porter has the experience needed to obtain your casino tax refund. If you have not filed your Form 1040NR, or if you have filed and the IRS has frozen your casino tax refund, contact Porter Law Office today for a free consultation to discuss your case.