player029's Blog
How to claim the 30% tax withholding from slot jackports
Hi, I just reurned to Australia from 7 nights in Las Vegas.I have 12 (1042-S forms) totaling $US 7,264.00 in taxes taken out of tatal winnings.
I have receipts from casino ATM's that amount to $US 11,740.00 which was withdrawn during my stay.
Am I entitled to claim back some or all of the tax paid, and if so how do I proceed ?
Regards
player029
Comments
Please take a look at the US non-resident return:
Non-resident return form.
Instructions for non-residents return.
On page 39 of the instructions, you will see a list of countries where the citizens don't pay tax on their gambling winnings, but Austrailia is not on the list. This means that you owe the 30% and you cannot offset winnings with losses. If you owe the 30%, then you do not need to file a US tax return.
If, however, the casino gave you the 1042-S forms for blackjack, baccarat, craps, roulette, or big-6 wheel, then you don't owe tax and you will need to file a 1040-nr to claim a refund of the 30% withheld.
Sorry for the bad news.
WHO is holding the money?
It seems to me that you'd have to file a claim with Austrailia's tax man.
If they deducted it and forwarded it to the IRS, then CrystalMath's response seems like the way to go.