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TAX Payments for UK Winner - what forms?

Discussion in 'Miscellaneous Vegas Chat' started by RoryK, Apr 23, 2018.

  1. RoryK

    RoryK Member

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    Hi everyone,

    Apologies if I am in the wrong place for this but I am seeking advice!

    I come back from Vegas back in January after my first visit and I loved every second of it, I also was lucky enough to get a hand pay but had 30% with held as tax. I was told if I send of a copy of my 1042-s form, along with a 1040nr form I will be able to claim it back.

    I have done so, but now had a reply from the IRS that I also need to send them:

    W-2 Wage and Tax Statement
    1042-s (Already have done)
    form 8805
    form 8288-A

    Is this correct? The kind people in the casino informed me that I only would need to send one form off..

    Any help or advice is really appreciated!
     
  2. Chuck

    Chuck Palladium
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    I can't help you too much, but:

    A W2-G is a form the casino gives out on a handpay, you should have gotten one when you had the win.

    A W-2 is a form US workers get from their employers shortly after the end of the year. if you didn't work for a US employer, you wouldn't have a W2 to send in.

    Form 8805 and 8288-A, I don't see how they'd have anything to do with getting back withholding on a handpay.

    Do you pay any US tax or file a US tax return for any other reason?
     
  3. newmans

    newmans Mayflower Fury
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    I believe a W2-G is for a US resident. I'm a Canadian resident and the Casino gives me the same 1042-S as the OP.
     
    Chuck likes this.
  4. Chuck

    Chuck Palladium
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    Ah yes, makes sense.
     
  5. supersealed

    supersealed Bronze

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    Ok, as a UK player myself I've become somewhat experienced at not paying tax on Vegas winning. Just 2 days ago I received a check for $4650 from the IRS. I have since received my ITIN and on my last visit had over 25k in handpays and was actually thanked by the casino staff for having this as it makes the paperwork easier for them and they don't have to withhold. The US and UK have a tax treaty in place and one of the clauses states you will not pay taxes on gambling winnings however the casino still needs to file the correct paperwork and if they don't have the correctly trained staff they cannot make the W-7 application for you.

    It is correct to say you only need to file a form 1040nr and include the 1042-s form from the casino to recover the tax paid. However, in order to submit that form you need an ITIN (Individual taxpayer identification number) These are somewhat tricky to apply for. Firstly you need to file a W-7 form. These forms can only be submitted by someone who is authorized to notarize your ID.

    Where did you get your handpay?

    If for example it was at Bally's then the slot manager can do the W-7 application and they won't withhold, if it was at Harrah's they don't have the staff to make the application and will always withhold unless you already have the ITIN.

    If you are planning a return trip just keep hold of your 1042-s. If you are a total rewards player of good standing then (at the advice of Harrah's, this is what I did) go to Ballys and ask for the slot supervisor or manager and ask them if they wouldn't mind making the W-7 application for you. It takes a couple of months for this to come through the post, once you have it the 1040nr is fairly simple to fill in.

    Alternatively you can use a company such as RMS https://www.refundmanagement.com/ who will do the W-7 application and file the 1040nr for you. I was originally going to use these but they wanted 30%. After looking at the 1040nr I decided to take the chance and file it myself, 6 weeks later a check turned up.
     
    Yorkshirejim and Chuck like this.
  6. RoryK

    RoryK Member

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    Brilliant, thanks everyone for you help! One step closer to understanding what is required! but sadly I will not be going back to Vegas any time soon so I think for this time around I'll check out the links supplied and take the 30%h hit :(
     
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