U.S. Gambling Tax Recovery

The good news is that in Canada, your winnings are usually tax-free! In the meantime, the Revenue Agency will continue to deny the deduction of significant, documented gambling losses, Today, gambling winnings and losses in Canada are unlikely to be labeled by the tax authorities and courts as income, prizes or loss from business. Consequently, they are neither deductible nor taxable. This is good news for gamblers.

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.'

Are Us Gambling Winnings Taxable In Canada 2019

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

Are Us Gambling Winnings Taxable In Canada Today

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.

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

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

Gambling online and in brick-and-mortar establishments is a leisure activity for some – but for many, gambling is their profession. There is no shortage of professional poker players, sports bettors, bridge players and blackjack players out there making their living through gambling. Knowing about tax-laws and obligations as a gambler is essential, as mistakes can be very costly.

In some countries, gambling is 100% illegal. In countries where it is legal, there are regulations, rules & taxes to consider. In some countries and statres, casinos and betting establishments must obliged to pay tax on their profits, and in some cases, it is up to the individual to declare and pay taxes on their winnings.

International Tax Rates on Gambling Earnings

The biggest winners in the table are gamblers from the United Kingdom – with an effective tax rate of zero on ALL winnings,. This applies to all types of gambling—including poker, slots and casino games, lotteries, sports-betting & horse racing. Instead, gambling operators must pay taxes, and online gambling site operators must pay UK gambling tax duty.

In the United States, the tax rate owed on gambling winnings is a flat 25%. If you win big in Las Vegas at poker, the casino must withhold the 25% when collect your cashout, and provides you with IRS form W2-G to report your winnings to the government. Find out more on the IRS website.

Laws in Canada treat amateur and professional gamblers very differently for taxation purposes. According to the Income Tax Act, anyone in Canada winning a lottery prize or winning at a game of chance is not subject to income tax on those winnings. … In cases of sports betting, poker, or casino games and slots, winnings are also not liable for taxation – unless you are a professional gambler (as defined by paragraph 40(2)(f) of the Income Tax Act,). If you are , you must declare gambling winnings when you file your taxes and will be charged 26%.

Don’t get Yang-ed

Back in 2007, poker-player Jerry Yang topped 6,358 players at the World Series of Poker Main event, winning $8.25 million.

On a podcast, Yang admitted to bad financial management paying taxes of just $900,000 in California, and giving along with donations and gifts to family and friends. After bad financial advice he waa left with a huge federal tax bill. Subsequently the IRS seized the his Corum main event bracelet along with other jewelry to be auctioned off to the public in order to pay Yang’s outstanding tax-bill of $571,894.54 !

Are Us Gambling Winnings Taxable In Canada Compared

2019 World Series of Poker – Main Event: Final Table Tax-Bill

The 2019 WSOP Main event final table payouts combined to total $30,825,000.

The nine lucky players who cashed on the final table of the 2019 main-event can expect to pay a combined tax bill of $11,972,653 – or around 40% of the total prizepool. You can see from the table above that despite finishing in 7th place, Londoner Nick Marchington walks away with more money in his pocket than 6th place finisher Zhen Cai!

Make sure you know about your tax obligations as a gambler, and manage your money and tax-payments appropriately, because the tax-man always wins!