Gambling Winnings Federal Tax Rate

Depending on the size of your win, you may receive a Form W-2G, Certain Gambling Winnings and may have federal income taxes withheld from your prize by the gambling establishment. Gambling winnings are unique because you can also deduct your gambling losses and certain other expenses, but only in specific circumstances (see our article about this). Gambling winnings are subject to withholding for federal income tax at a rate of 24% as of 2020 if you win more than $5,000 from sweepstakes, wagering pools, lotteries, or other wagering transactions, or anytime the winnings are at least 300 times the amount wagered.

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.

IRS Rules and Gambling Winnings Tax on Foreign Nationals

There are several scenarios that might happen.

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 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 !

States That Tax Gambling Winnings

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

Federal Tax Rate Gambling Winnings

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!

Tax On Casino Winnings

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!