US Tax Casino Recovery
US tax recovery for gambling income from the United States for countries other than Canada requires investigating the tax treaty between that country and the US. Certain countries such as Mexico have no relevant section in the tax treaty to effect a casino tax recovery. Other countries such as the United Kingdom have a treaty in place that allows a US tax recovery on gambling winnings. Filing a tax treaty type tax return requires the use of a tax professional well versed in the treaties that allow a casino tax recovery.
Treaty based US tax returns can be completed correctly but processed incorrectly by the IRS. In these cases an appeal must be made, referencing the applicable US tax recovery section of the tax treaty. In can take months to win the case that you present on the basis of treaty and many hours of time can be involved with the research, preparation and possible appeal of your treaty based position. It is highly recommended that you leave this complex task to someone well versed in US casino tax recovery.
The 1042-s slip is what the casino gives you to show the tax deducted on your gambling winnings. It is imperative that you correct any errors that the casino makes on your 1042-s slip before you leave the casino. Make sure that your name and address are correct and show your country of tax residence. Also ensure that the correct income code 28 shows on this tax slip. The 1042-s should be neat and legible and show the correct year of the winning. If the casino does not have the current year 1042-s slip make sure they write the date of the winning on the slip. If the casino gives you a written receipt in addition to the 1042-s slip then keep this slip to verify the authenticity of the 1042-s slip.
You are considered a tax resident of a country based on your actual residence not your citizenship. You may be a French citizen living in the USA, but unless your residence is in France you would not be considered to have tax exempt income as defined by the US France tax treaty. Generally you are a tax resident of a country if you normally file a tax return to the authorities of that country. When you research a tax treaty the current tax treaty must be used not an older version, it is also useful to read the protocol that comes with the tax treaty.
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