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Taxed winnings in Vegas

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  • 02-05-2006 5:21pm
    #1
    Fatboydim
    Registered Users Posts: 1,924 ✭✭✭


    Read on the Mirage site that they Tax poker winnings... Taking 30% of anything won from non-nationals... Unless completed ITIN form. Are they the only casino to do this?
    Anyone had any trouble with this before?


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    #2
    Daithio
    Closed Accounts Posts: 1,679 ✭✭✭Daithio


    All casinos do it but most are decent enough to supply you with an ITIN form which you can fill out on the spot. In the Bellagio they sorted it all out for me, I just needed my passport, so now I have an ITIN number. The Rio got in a load of **** last year for not helping foreign players out with this, but most casinos are decent enough to provide the forms.


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    #3
    kincsem
    Closed Accounts Posts: 4,013 ✭✭✭kincsem


    There was a thread on this last summer.
    I don't know if there was anything sensible in it.
    I'll try to find it and bump it.


    The thread was called
    Witholding 30%? wtf? ..... and was on boards in July 2005. When I click my post in it the antesup forum loads. Maybe ask DeVore to look at it.


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    #4
    carrigeen
    Closed Accounts Posts: 495 ✭✭carrigeen


    this happened me in binnions and they withheld the 30% :mad: i didnt even think to ask could it be recliamed but they certainly didnt offer to help. I know a friend who cashed in the wsop last year got a yank to say he sponsered him and he got the full 100% and gave your man 10% (i think)


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    #5
    Daithio
    Closed Accounts Posts: 1,679 ✭✭✭Daithio


    Just go to the Bellagio, play a cash game, and ask them to sort out an ITIN for you. Alternatively I'm sure you could sort out something with the American Embassy before you go over, but that would be a pain in the ass.


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    #6
    bohsman
    Registered Users Posts: 8,881 ✭✭✭bohsman


    Think its possible to get an ITIN form online, once you get your number you can just give it in when you cash.


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    #7
    Scotty #
    Registered Users Posts: 3,767 ✭✭✭Scotty #


    The casino should sort this out for you but basiclly because of a tax treaty between Ireland and the US, Irish citizens are not liable to gaming taxes.

    From the IRS website
    IRS wrote:
    Exceptions to TIN requirement
    A foreign person does not have to provide a U.S. TIN to claim a reduced rate of withholding under a tax treaty if the requirements for the following exceptions are met.

    Income from marketable securities (discussed earlier under Form W–8BEN).
    Unexpected payment to an individual (discussed next).


    Unexpected payment
    A Form W–8BEN or a Form 8233 provided by a nonresident alien to get treaty benefits does not need a U.S. TIN if you, the withholding agent, meet all the following requirements.

    You are an acceptance agent.
    You can request an ITIN for a payee on an expedited basis.
    You are required to make an unexpected payment to the nonresident alien.
    You cannot get the ITIN because the IRS is not issuing ITINs at the time you make the payment or at any earlier time after you know you have to make the payment.
    You cannot reasonably delay making the unexpected payment.
    You submit a completed Form W–7 for the payee, with a certification that you have reviewed the required documentation and have no actual knowledge or reason to know that the documentation is not complete or accurate, to the IRS during the first business day after you made the payment.
    An acceptance agent is a person who, under a written agreement with the IRS, is authorized to assist alien individuals get ITINs. For information on the application procedures for becoming an acceptance agent, see How to Become an Acceptance Agent for IRS ITIN Numbers.

    A payment is unexpected if you or the beneficial owner could not have reasonably anticipated the payment during a time when an ITIN could be obtained. This could be due to the nature of the payment or the circumstances in which the payment is made. A payment is not considered unexpected solely because the amount of the payment is not fixed.

    Example
    Mary, a citizen and resident of Ireland, visits the United States and wins $5,000 playing a slot machine in a casino. Under the treaty with Ireland, the winnings are not subject to U.S. tax. Mary claims the treaty benefits by providing a Form W-8BEN to the casino upon winning at the slot machine. However, she does not have an ITIN. The casino is an acceptance agent that can request an ITIN on an expedited basis.

    Situation 1. Assume that Mary won the money on Sunday. Since the IRS does not issue ITINs on Sunday, the casino can pay $5,000 to Mary without withholding U.S. tax. The casino must, on the following Monday, fax a completed Form W-7 for Mary, including the required certification, to the IRS for an expedited ITIN.

    Situation 2. Assume that Mary won the money on Monday. To pay the winnings without withholding U.S. tax, the casino must apply for and get an ITIN for Mary because an expedited ITIN is available from the IRS at the time of the payment.

    Form W-8BEN here<<<<<<<


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    #8
    Fatboydim
    Registered Users Posts: 1,924 ✭✭✭Fatboydim


    Thanks for that guys...

    I've downloaded both forms... Now all I have to do is cash :D


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    #9
    kickintheteeth
    Closed Accounts Posts: 117 ✭✭kickintheteeth


    last summer i played a cash game in MGM grand. I cashed out $1400, and the cashier mentioned nothing about tax to me!


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    #10
    bohsman
    Registered Users Posts: 8,881 ✭✭✭bohsman


    kickintheteeth wrote:
    last summer i played a cash game in MGM grand. I cashed out $1400, and the cashier mentioned nothing about tax to me!

    Cash games are different, I assume because you can claim to be in for more than youre cashing out.


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