XVP tax question

[Karen_Beno]

I don´t live in the US and I am from an exempt country which means I don´t have to pay taxes in the US on jackpots.

When I win jackpots of $ 1200 or more, the casinos give me forms to sign, but these are never the same forms. I have been given a W-2G (I know this is the wrong one), a 1042-S and a W-8BEN.

I have browsed the IRS site and I think W-8BEN might be the right form. But I am not sure. I once specifically asked for this form in a casino, but was denied, they claimed they did not have it. Usually I´m getting the 1042-S.

Does anyone know for certain which form should be used? And is using the right form my responsibility or the casino´s? (I´m guessing it´s mine.)

Thanks for any info. Private emails are fine.

Karen B

[Jean]

<<I don�t live in the US and I am from an exempt country which means I don�t have to pay taxes in the US on jackpots>>

This is part of what I wrote in the section "Gambling Issues for Non-U.S. Citizen" from my book Tax Help for Gamblers:

"All non-residents will be issued paperwork, not a W-2G, but a Form 1042-S, Foreign Person's U.S. Source Income Subject to Withholding. It depends on the terms of their countries' treaties with the U.S., but most of these non-residents must have U.S. income tax withheld, usually at a rate of 30% of the gross amount of the win. Non-residents from countries with a no-taxation treaty should not depend on the casino to have up-to-date treaty information, and there is a form they should always carry to show the casino in case of a big win, Form W-8BEN, Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding. Although they will still get paperwork, no tax will be withheld."

I cover more details in that section, including how non-residents can get some or all of the taxes refunded if they are withheld.

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Jean $�ott, Frugal Gambler
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