Background Information
In situations where the winning player is a non-resident alien of the United States, a 1042S form must be issued instead of a W-2G or 1099. The steps to issuing a 1042S are virtually identical except that federal tax withholdings must also be specified.
Gambling Winnings & Foreign Persons
Generally, nonresident aliens are subject to tax withholding in the amount of 30% of any gambling winnings – this includes residents of Mexico and Canada.
Any time withholding occurs, the patron should be advised that they may file Form 1040NR (U.S. Non-Resident Alien Income Tax Return) with the IRS.
Requirements to be Exempted From Tax Withholdings
In certain situations, non-resident aliens may be exempted from the 30% tax withholding if they can meet ALL of the following criteria:
- Must provide valid identification that shows they are from one of the designated treaty countries (see below), AND
- They must possess an Individual Taxpayer Identification Number (ITIN), AND
- They must provide an IRS Form W-8BEN
If any of the above conditions is not met, or if you have any doubts, withhold the 30%.
Casino Marketplace Procedures
To issue a 1042S for a player, follow these steps:
- Locate and select the player account in CMP
- From the jump to drop-down menu, select Issue 1042S, this will open the Issue 1042S window
- Click the Identification tab and verify that the patron Address and Citizenship is accurate
- Select the History tab to verify recent jackpot activity and to determine if Title 31 regulations apply
- Click the Tax Form tab
- Enter information in the following fields based on departmental procedures:
- Document
- WagerLocn
- Wager
- Gross Win
- In the section labelled Tax Withholding, select 30%, this will populate the Federal Tax Withheld field
- If applicable, click the Pay Method button to make payout changes based on customer preference and/or Departmental procedure
- Verify that the Federal Tax withheld is 30% of the Gross Win. NOTE that taxes should always be rounded up to the next whole dollar amount.
- Click Submit
Treaty Countries
Austria
|
Hungary
|
Luxembourg
|
Spain
|
Czech Republic
|
Ireland
|
Netherlands
|
Sweden
|
Denmark
|
Italy
|
Russian Federation
|
Tunisia
|
Finland
|
Japan
|
Slovak Republic
|
Turkey
|
France
|
Latvia
|
Slovenia
|
Ukraine
|
Germany
|
Lithuania
|
South Africa
|
United Kingdom
|
To review images or save/download/print a copy of this Job Aide, please select the pdf attachment.