Quote:
Originally Posted by timex
I guess I was unfamiliar with how taxes work for Americans buying pieces of Canadians- it seems that they'll be double taxed? I was implying that any withholding that is taken will come out of my pocket. So if I cash for 100k(90k profit), and they withhold 27k so the cash is for 73k, I would pay out 1k/1% not $730/1%
Well, how it really should work I think is that the casino should take Form 5754 showing everyone's shares and I'm guessing should only withhold on your share. Whether that is how it should work or not is irrelevant since the casinos refuse to follow the law and accept the Form 5754.
Therefore, how it is usually done assuming all U.S. citizens is the winner will accept the W-2G from the casino for all the winnings and will accept all of the money. Now the taxes for all the winnings are allocated to the player. The player then sends 1099-MISC's to the backers (and the IRS) for their shares to allocate taxes for the share of each backer to such backer. The player also sends the money each backer is due to the backer.
The withholding on a Canadian makes it more complicated since the casino will just withhold on everything regardless of what is the Canadian player's money and what is the American backers' money.
Canadians can recover some or all withholding if they have offsetting gambling losses and file a U.S. non-resident tax return at the end of the year. I wonder if you could recover the withheld amounts that are actually allocable to a backer. Perhaps you send everyone their full share and send them 1099-MISC's to allocate the tax burden to them on their own share and then recover from the IRS the withholding on the backers' shares, perhaps by treating the backers' shares as gambling losses. But I think you have to substantiate gambling losses. I really don't know if this would work. The recovery of the withholding on the backers' shares seems to be the issue. I don't know if it can be done or how to go about it.
And I really don't know what any sort of proper way to do this would be. If there is actually a proper way, I'm guessing it has something to do with that Form 5754 which, for reasons already mentioned, can't be done. Even for all U.S. citizens, the 1099-MISC solution around the casino's refusal to accept Form 5754 is just something someone made up and so far the IRS has accepted it.
So, anyway, however you decide to work it out .... good luck to you, and everyone with a piece, in the tourney.
I intend to be exiting the thread now.
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