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QUESTION:
What is the treaty or article number that I have to quote to the I.R S. to get a refund for tax withheld on slot machine winnings? I have to file a 1040 NR
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david ingram replies
To get a refund you have to file a 1040NR and show the total amount of winnings you had for the year. This will always be more than the single win on which they deducted tax (Usually at $1,200 or more).
Then you have to itemize your losses as an itemized deduction.
So I would never get a refund. I finally bought my first lottery ticket last Friday. If it was an American one, I would have absolutely no gambling losses to deduct.
In the last 20 years I have likely put a total of $100.00 into slots in Nova Scotia, New Jersey, Montana, California, Nevada and Manitoba.
If I had won $10,000 in Carson City and $3,000 tax was deducted, I would have nothing to deduct. The IRS would keep their 30%.
If you are playing slots in American Casinos, you can ask the pit boss for a Gambling Loss Report. Believe it or not, tell him or her what machine or machines you were playing and something about the "touch and feel" of the player allows them to print out and hand you a record of how much you "invested" in the system.
We would be glad to prepare the return(s) for you by fax, email, snail mail, or courier.
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