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Canadians taxed on tournament winnings Canadians taxed on tournament winnings

04-05-2019 , 03:26 PM
Hoping I can get some clarification as I have heard a few different things. About the 30% withholding tax and wondering if anyone here has gone through the process.

I've heard different amounts on what is the starting tax rate $1200 and $5000... $1200 seems very low and probably would make me think twice about playing many tournaments. $5000 is much more reasonable.

What's it like going through claiming a refund?

If this in wrong forum please remove to appropriate one
Canadians taxed on tournament winnings Quote
04-05-2019 , 05:17 PM
should be anything over $5000
Canadians taxed on tournament winnings Quote
04-08-2019 , 02:36 AM
Are you sure?
Canadians taxed on tournament winnings Quote
04-08-2019 , 08:12 AM
Quote:
Originally Posted by fakekidpoker
Are you sure?
Any tournament winnings (net) over $5000($5000.01) will cause the poker room to issue a 1099 for the whole profit.

Now, if a Canadian, I don't believe that the tournament directors are looking for out of country citizens in order to tax any smaller amount; possible I guess. You could look to another Canadian for exactitude but i believe the action amount is again , $5000.01 .

The problem with Canadians(and other not tax treaty governments) is that there will be a 30% withholding for winnings over the amount ($5000.01) and somehow the winner will have to deal with the US government to which I have come to my ignorance point.

The reason for this is that USA and Canada do not have a tax treaty. I have been led to understand that , for example, England and USA do have a tax treaty and therefore all winnings are not subscribed.

I plead guilty to this knowledge gained from this site and will gladly accept criticism/correction.
Canadians taxed on tournament winnings Quote
04-08-2019 , 08:31 AM
There have been a few threads on this subject in the past. Here's a response I gave a few years ago that is still applicable. In essence, any tax withheld by the US requires the filing of a US tax return to claim a refund and any refund is predicated on being able to offset gambling winnings with gambling losses and/or eligible expenses. There's no magic to it and there's no entitlement to a refund without offsetting deductions.

Quote:
Originally Posted by Gogie
The 30% tax rule is based on the fact that the US taxes gambling winnings and Canada doesn't. There is no tax treaty between the US and Canada on gambling winnings so the US withholds 30% of gambling winnings above a certain threshold (I believe for poker if your net win in a tournament is over $5000 tax is withheld on your net winnings). The only way to get this tax back is to file a US non-resident tax return. You can do this yourself or hire a company to do it for you. Since the winnings are "income" you'll need to be able to claim expenses to offset some or all of your income in order to get a refund. The tax is not refundable on its own - you need to be able to offset your gambling winnings with losses and/or other deductible expenses. If you hire a company to file for the tax refund I think they generally charge 25% or 30% of the refund. The company will prepare a US tax return for you (and they will obtain a US ITIN for you if you don't already have one). Just remember that you will have to sign the tax return and you will be responsible for what is on the return. You would be liable for any misrepresentations that are made on the return and you will have to deal with the IRS, the same as any other person who files a US tax return, should they decide to audit your return. Probably not a high probability, but still a risk nonetheless.

Timing wise, you would have to wait until January of the year following your win to file a US tax return and the wait for the refund once the return is filed could be anywhere from several weeks to several months (I've filed returns in January of the year following "taxable" wins for my wife a few times. Once the refund did not come until July, another time it came within 4 weeks.)

I don't know how it works if you sell a piece of your action, but I think there are ways to account for this. Someone with experience would have to comment on this.
Canadians taxed on tournament winnings Quote

      
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