Gambling, Casino Winnings and Taxes: The Canada-U.S. Tax Treaty

1. Are Online Casino Winnings Taxable In Canada Today
2. Are Winnings Taxable
3. Are Online Casino Winnings Taxable In Canada Now
4. Taxable Casino Winnings

1.12 An individual’s gambling activities may result in taxable business income or a business loss. This will be the case if the gambling activities constitute a source of income (that is, carrying on the business of gambling). Determining the commerciality of gambling. No - Canadians do not have to pay taxes on gambling winnings from horse racing, sports betting, lotteries, online casinos and any other games of chance. However, if you earn interest on your winnings, you must legally declare that on a T5.

We charge a flat low rate, not a % of your refund, quoted upfront, which remains unchanged 95% of the time. Any changes to our fee as result of unexpected additional work will be discussed with you first.

Claiming Gaming & Casino Tax Refunds for Over 15 Years. We’ve been claiming gaming and casino tax refunds since 2003.
Gaming & Casino Tax Refund Eligibility:
– You are not a US citizen, Green card holder or resident
– Won taxable gaming, gambling income from specified gaming activity within the last three years.
– You have been issued an IRS Form 1042-S by the casino (the casino usually keeps up to 30% of your winnings as withholding tax and sends it to the IRS)
– You have either have an ITIN (US tax identification number) or we can apply for one on your behalf.
– You have qualified gaming losses (in accordance with the 1996 Canadian/US Tax Treaty).
The IRS rule allows you to go back three years to claim a refund. Taxes on wagering winnings prior to this period are statute-barred from any recovery

Canadian residents who go to Las Vegas and other USA venues for gambling may end up to be lucky and win a large amount of money. Is the gain taxable in the U.S.? Are gambling losses deductible against the winnings? Does IRS require the Casino to withheld taxes? The answer is yes to all three questions.

However, the good news is that under the Canada-U.S. Income tax treaty (Article XXII) Canadian residents are entitled to claim any U.S. wagering losses up to the amount of U.S. gambling gains for the year, using the same rule that would apply to U.S. citizens and residents. For U.S. citizens and resident aliens i.e. Green Card holders, gambling, betting, and lottery winnings or gains are usually taxable and must be declared when filing their 1040 income tax return, but gambling gains can be reduced by deducting gambling losses to the extent of their gambling gains. Generally for non-US gamblers, U.S. tax is withheld on any gains at source, but the winner cannot deduct any gambling losses to claim a refund of taxes withheld from gambling gains. But Article XXII has changed all of that for Canadian gamblers. In order to recover gambling taxes withheld, Canadian residents will have to file form 1040NR, U.S. Non-resident Alien Income Tax Return under provisions of the aforementioned United States-Canada income tax treaty.

Gambling winnings taxation laws are significantly different between Canada and the U.S. In Canada, all winnings arising from any kind gambling including casino plays, lottery, are generally exempt from taxable income provided it can be established that winnings are clearly not related to an office, employment, or property. With very few exceptions, Canadian income tax code does not treat betting and gambling as a dealing in any kind of trade or business activity. For now, Canadians winning gambling gains at home are entitled to get all they win, with no income tax consequences.

In the United States, taxation of gambling gains is treated totally different. Under U.S. law, gambling winnings of U.S. persons over $1200 excluding winnings on blackjack, baccarat, craps, roulette, and the big-6 wheel are considered taxable income. Whereas for Non-resident aliens including Canadians, their gambling winnings are subject to 30% withholding of the total win at source. For example if you win $1600, you’ll be walking out with only $1120. The more you win, the more you’ll lose as a result of gambling withholding taxes.

In 1996 Article XXII of the Canada-U.S. Tax Treaty was signed between the two countries. Under provisions of the Treaty, Canadians are eligible to file US income tax (1040NR) and claim their U.S.-source gambling losses from their U.S.-source gambling winnings, and recover casino taxes withheld at source and receive a refund. Total losses deducted cannot be more than total winnings.

In order to file 1040NR to recover casino tax refund, you need to obtain or already have a valid Individual Taxpayer Identification Number (ITIN). U.S.1040NR returns are filed annually and will cover your entire gambling wins and losses for that year. You are advised to seek professional gambling tax recovery advice, as this can be a tedious and complicated process.

To qualify for casino gambling tax recovery under Article XXII of the Canada-U.S. Tax Treaty, you must be able to prove all of your U.S.-related gambling losses. Good record keeping showing all wins and losses made in the U.S., including dates, times, locations, and amounts won and lost is very important. You should keep any statements issued by the casino, wager tickets, casino credit records, and bank withdrawal statements.

Gambling Winnings and US Taxes Refund for Canadians
Lost and Wone Money When Gambling in the United States? How Canadian Residents Can Get a Refund of 30% Withholding Tax?

We can help you get it back! Here it is how:

– File US tax return 1040NR

– Obtain U.S individual taxpayer identification number (“ITIN”) if you do not have one or the one you have has expired.

Are Online Casino Winnings Taxable In Canada Today

– File W7 and required documents with your 1040NR

– Make sure you keep record of your losses (bank withdraws, tickets, etc…)

According IRS Publication 515, no tax is imposed on nonbusiness gambling income a non-resident alien wins playing black-jack, baccarat, craps, roulette, or big-6 wheel in the United States. If you were issued form 1042-S and taxes were withheld you might be able to recover part or all of it . Contact Fairtax Business Services.

Tutorial for Canadian Gamblers:

Here is a short tutorial on how to Claim US Gambling Taxes Withheld at source from your winnings from the IRS.
Canadians who gamble and win at any United States casino may be subject to a 30% tax withheld off of their winnings.
According to Canada-US tax treaty it may be possible to ask the IRS (U.S. Internal Revenue Service) to send you some or all of that money back.

Introduction:
Suppose you won some money in a U.S.A Casino say in Vegas. The casino will keep 30% of your total jackpot amount, regardless of your losses (wagers) and will issue you a form called 1042-S, which will be sent by the casino to the IRS. But Canada-US tax treaty allows you to ask the IRS to consider the total amount you spent gambling during the whole year as deductable, resulting in reduced or zero amount of taxes you’d owe.

Example:

You won $5,000 in 2018. You lost $4, 000 in 2018
your net win is $5,000-$4,000= 1,000.
Taxes withheld by the Casino at 30% of $5000: $15, 00.
Your actual winning was 5000-4000 = 1000, 30% of 1,000 = $300.
You can file a 2018 1040NR return in 2019 and ask the IRS to refund you the difference. $15, 00-$300= $1,200

NOTE: Make sure you can provide the IRS proof of any losses you claim. There is always a chance that IRS might select you for an audit at a later date and if you can’t prove the losses you initially claimed you will have to pay everything back plus possible penalty and interest. The only way to legally claim a full refund is if your losses were equal more money than your winnings for the year.

To request a recovery of taxes withheld and get a refund, you must file a US Non-Resident Tax Return (1040NR) with the IRS. And all of all of the following must apply to you:

– A Canadian resident
– Not a US citizen, Green card holder, nor eligible to obtain a US Social Security Number.
– Have both won and spent some money to win in Gambling activities in the US

Filling for Refund:
1- Complete a 1040NR Tax Return
2- W-7 and a certified copy of your Canadian passport if you do not have a valid ITIN number
3- 1402-S issued by the Casino
Mail the package to:

Internal Revenue Service
ITIN Operation
P.O. Box 149342
Austin, TX, USA
78714-9342

Yes, they are taxable. You are on the honor system to report the income. The casinos will not report any winnings to the IRS. It isn’t just on-line casinos, ANY net gambling winnings are taxable, regardless of where or how they were won.

Whether to cash out it all out at once is your decision. Assuming you are a U.S. citizen you are obligated to declare the income on your next tax return. If you don’t you could be charged with tax evasion. However this sort of thing is largely on the honor system. You are also allowed to deduct any gambling losses in the same year against your winnings.

Zero. You can not deduct a net loss at all. However if you have some W2G forms (generally given on wins of $1200 or more in slots, video poker, and keno) then you can deduct other losses against these wins. You should keep documentation for any losses you claim. You may be thinking of deducting losses on stocks. There you can deduct up to $3000 a year, and can carry over amounts larger than that to the next year. I’m still carrying over losses from the tech crash in 2000.

W2G forms are definitely something to think about when playing video poker at the larger bet amounts. Although you are obligated to pay taxes on your net win at the end of the year regardless of how many W2G forms you have, a payout of $1200 or more will necessitate a wait and obligate you to tip the person paying you. In less classy casinos a hand pay will also cause the tip vultures to start hovering around you. To avoid all of this sometimes the player should consider deviating from optimal strategy. For example with AAA88 in 10/7 double bonus the odds marginally favor keeping the aces only. However in a $2 to $10 game hitting four aces will pay over $1200, necessitating a W2G form, while a full house will stay under the limit. Considering the tax implications keeping the full house is the better play.

To answer your question I’ll assume a four of a kind pays 25 times the bet. Then a four of kind on the deal in a $0.20 50-play game will pay $0.20 * 5 * 50 * 25 = $1250. You will get a four of a kind on the deal once every 4165 hands, on average. If you were to drop the number of hands to 47 the win for a four of a kind on the deal would be 47 * $0.20 * 5 * 25 = $1175, staying under the W2G threshold.

I believe the policy at most casinos is that for large transactions you can have the funds any way you want. Before you consider laundering money by turning cash into checks be aware that casinos ask for a Social Security number and make a record of any transaction involving $10,000 or more.

You are subject to tax for any gambling winnings. However table games players are basically on the honor system. An exception that a W2G form is generated if a win is 300 for 1 or more odds and is over $600. That is usually only an issue with progressive jackpots. Also, if there is a cash transaction of $10,000 or over the casino is obligated to fill out a CTR, which stands for Cash Transaction Report. Yet these are nothing to worry about, and I think many big bettors are overly paranoid about them.

Only single wins of $1,200 or over are subject to withholding. If you won over $1,200 in small wins you would not be subject. When you press the cash out button the machine doesn’t know your citizenship and will just print a voucher for whatever you had. Any $1,200 or over win will always lock up the machine until an employee unlocks it. On high denomination games, usually starting at $10 or $25, the casino may keep a log of all your taxable wins. On a $500 machine, I’m sure they would have somebody standing right next to the machine do the paperwork. When you are done they will give you a single W2G form for the sum, and in your case subtract the withholding from that.

The W2-G is based on the gross win, not the net win. So, yes, if the player got a $5000 push on a Red, White, & Blue, he would get a W2-G.

Cliff from Aiea

In the U.S., any gambling winnings of any kind and any amount are taxable. However, with table games, it is on the honor system to report.

I forwarded this one to Brian, who is a former gaming regulator, and currently a casino manager. Here is what he said,

The casino would not know that someone was in the country illegally. If he had a valid passport, the jackpot would be honored. The illegal may not know this, be scared or they may not have a valid ID to show. Whenever someone wins $1,200 or more, ID is required for tax purposes. If someone doesn’t have his ID, the jackpot would be held in the cage waiting for them to claim it. In most cases, the person has legitimately forgotten their ID; however, sometimes you run into a problem, such as a minor who was gaming. If he doesn’t claim it, the money has to be added back into revenue because the deduction (jackpot) was never paid or there are abandoned property rules that prevail. Also, like the U.S., most countries tax worldwide income. To that end, the U.S. has tax treaties with several countries to withhold or notify the respective governments of monies won in the U.S. so Uncle Sam always gets his cut.

This is getting out of my area, but I'll try to help. The IRS web site says that for this purpose, the U.S. has tax treaties with the following countries: Austria, Czech Republic, Denmark, Finland, France, Germany, Hungary, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Netherlands, Russian Federation, Slovak Republic, Slovenia, South Africa, Spain, Sweden, Tunisia, Turkey, Ukraine, and the United Kingdom. Note that New Zealand is not on the list.

If you are a resident of one of the listed countries, and you hit a jackpot of $1,200 or more, then you should ask to fill out a form W8BEN. That should reduce, or in most cases, eliminate the withholding.

Even if you are not from one of the listed countries, or don’t fill out the form, you can still get the withholding back by filling out form 1040NR, or the simplified version the 1040NR-EZ.

My own tax accountant is Marissa Chien EA, author of Tax Help for Gamblers. She does an outstanding job, but some might consider her expensive. For a 1040NR she says she charges about $1,000. She adds this form is usually incorrectly filled out by most others. Her e-mail is .

IRS PDF’s:

• 1040NR-EZ instructions (PDF)
• 1040NR-EZ form (PDF)
• 1040NR instructions (PDF)
• 1040NR form (PDF)
• W8BEN instructions (PDF)
• W8BEN form (PDF)

Marissa is on Twitter at @taxpro4gamblers, where she occasionally answers tax questions to followers.

Are Winnings Taxable

Title 31 is a regulation stating that the casino should make a record of cash transactions of over $10,000 by a single player in a single day. In such cases, a CTR must be filled out, which stands for Cash Transaction Report. This includes making multiple transactions, adding up to over $10,000. If you cash chips close to, but under, $10,000, the cage will likely want to make a note of it, in case you come back later that day, and go over the $10,000 daily limit.

My advice is to give them what they ask for. You have a lot more to fear by looking like you are avoiding CTRs than the CTRs themselves. In fact, I think there is nothing to fear from a legitimate CTR; the casinos generate lots of them. Personally, I have generated hundreds, to no known detriment. However, it raises lots of attention when you look like you are going out of your way to avoid them. I know one person who was rebuffed when he tried to cash in chips, because he had too many previous redemptions of just under $10,000. So, that is my two cents. Better suited to answer this is 'Brian,' a current Las Vegas casino manager, and former regulator, whom I like to turn to for procedural questions like this.

In a nutshell, Title 31 is the U.S. Department of Treasury Code designed to prevent money laundering. It requires that certain large cash transactions be reported to the Government. These are filed on FinCEN Form 103 “Currency Transaction Reports by Casinos” (FinCEN is the Financial Crimes Enforcement Network). Casinos are required to report all currency transactions in excess of $10K in a single day. The “day” doesn't follow the clock − a casino picks their day (e.g., 3 a.m. to 2:59 a.m.).

All Financial Institutions comply with Title 31. Casinos are considered financial institutions because of the types of transactions they perform, which are similar to those of a bank (e.g., check cashing, wires, loans, cash exchanges). Unlike traditional financial institutions, casinos conduct a great deal of transactions with unknown patrons. When you set up your checking account at the bank, you give them all of the necessary information needed to fill out CTRs. However, when cashing chips at the cage, the only way the casino can get this information is to ask. Casinos have to get all of the necessary information to fill out a CTR before the patron crosses the $10,000 threshold. Since the fines for non-compliance are hefty, they make a diligent effort to comply.

Casinos are apprehensive to give patrons too much information on Title 31 for fear of inadvertently breaking the law. Casinos are specifically precluded from aiding patrons in structuring transactions in such a manner as to allow them to skirt the requirements. When you ask questions, they prefer to point to a preprinted informational card and don’t like to discuss the matter for fear of divulging inappropriate information.

Circumventing Title 31 is relatively easy for undocumented transactions (e.g., chip buys, chip redemptions, etc.), but why would you want to? If the casino has reason to believe that you are purposefully conducting your transactions in an effort to avoid the reporting requirements of Title 31, they'll fill out a Suspicious Activity Report by Casinos form (aka SARC). If a casino learns that you exceeded the $10K threshold and they didn't get the required information, they will bar you from gaming until they get it. — Brian

Here is what the bill says:

In the case of a taxpayer other than a corporation, there is hereby imposed (in addition to any other tax imposed by this subtitle) a tax equal to 5.4 percent of so much of the modified adjusted gross income of the taxpayer as exceeds $1,000,000. -- Section 59C(a) page 337 H.R. 3962 (PDF — 3270 KB) or CNN.com

The surcharge would be applied before the gambler could deduct any offsetting losses. I verified this with Marissa Chien, co-author of Tax Help for Gamblers. For high-level slot players, it is not difficult to rack up W2-G forms in the millions per year. Most of these players will still have a net loss on an annual basis. Past the million point in gross income, the player will pay a 5.4% tax on any win of $1,200 or more, even if there is a net loss for the year. This is just my opinion, but I think that isn’t fair. If we must tax gambling winnings (which they don’t in Canada), it should be on the net, not the gross winnings, on an annual basis. Should this become law, it will ruin high-level slot play in this country.
Marissa is on Twitter at @taxpro4gamblers, where she occasionally answers tax questions to followers.

According to page 12 of IRS publication 529 (PDF), the minimum a gambling log should include is:

• Date and type of wager or wagering activity.
• The name and address or location of the gambling establishment.
• Names of other persons present during the gambling activity.
• Amount won or lost.

In addition, you should keep other documentation, such as W2-G forms and losing tickets. Personally, I keep my log in Excel and always retain W2-G forms and losing sports tickets. The book Tax Help for Gamblers by Jean Scott & Marissa Chien has a whole chapter on this topic.

This question was raised and discussed in the forum of my companion site Wizard of Vegas.
Marissa is on Twitter at @taxpro4gamblers, where she occasionally answers tax questions to followers.

I’m told that said provision (section 59C) was dropped from the final bill. That is the good news. The bad news is there is a new Medicare tax on unearned income above $250,000 for a married couple, starting in 2013. It looks like this may apply to gambling winnings before itemizing any gambling losses. Please ask me about this again in about two years for a status report.

This question was raised and discussed in the forum of my companion site Wizard of Vegas.

gambler

That is quite the difficult and controversial question. Before I answer, let me say that tax law is not my area of expertise, so you should consult a tax professional about your personal situation. Another better source than me about this is Tax Help for Gamblers by Jean Scott & Marissa Chien. Chapter three deals with this topic.

The general rule of thumb is that earnings are taxable and gifts are not. So a no-obligation comp would not be taxable. Anything that was given to you based on points, a drawing, a tournament, or earned some other way would be taxable. Granted this is not going to cover every situation, and some situations can be in a gray area. If you’re in doubt, consult a tax professional.

Are Online Casino Winnings Taxable In Canada Now

This question was raised and discussed in the forum of my companion site Wizard of Vegas.

Taxable Casino Winnings

First, you'll have to produce photo identification, or the casino will hold onto the money until you do. If you show identification but decline to produce or declare a valid social security or other tax identification number, then 25% to 30% will be withheld depending on whether the jackpot is more or less than $5,000, and whether you are from the United States or a foreign country with a reciprocal tax treaty.
As of 2011, such countries were Armenia, Australia, Austria, Azerbaijan, Bangladesh, Barbados, Belarus, Belgium, Bulgaria, Canada, China, Cyprus, Denmark, Egypt, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Luxembourg, Mexico, Moldova, Morocco, New Zealand, Norway, Pakistan, Philippines, Poland, Portugal, Romania, Russia, Russia, Slovakia, Slovenia, South Africa, South Korea, Spain, Sri Lanka, Sweden, Switzerland, Tajikistan, Thailand, The Czech Republic, The Netherlands, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Ukraine, United Kingdom, Uzbekistan and Venezuela.
I've been trying to figure out the rules exactly, but it is giving me a headache. Please refer to IRS rules for issuing a W2G form for more information.
My thanks to Marissa Chien, co-author of Tax Help for Gamblers , and MathExtremist for their help with this question.
This question is discussed in my forum at Wizard of Vegas.