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FAQs on Gambling Returns for Canadians in the United States

Gambling Return Tax AQs

Whether you traveled to the USA from Canada for business, a holiday, or any other reason, you might have had lucky moments at a casino. However, due to the outdated gambling laws in the US, any winnings are subjected to a hefty 30% tax, which affects all individuals within the United States.

In essence, this means that the responsibility of taxation falls heavily on individual winners rather than on the massive gambling corporations that profit from them. It is essential for winners to report their gambling earnings in their tax filings with the Internal Revenue Service (IRS).

Fortunately, Canadian tax authorities acknowledge that lucky players should not face punitive measures.

We have gathered a series of important questions and answers about how Canadians can manage tax returns for their gambling wins while in the USA.

What is a Gambling Return?

The Gambling Return pertains to the Federal US Tax form 1040NR , which Canadian citizens can utilize under the tax treaty between the US and Canada.

This form allows individuals to legally deduct their losses from any winnings . That means if you experienced setbacks during gambling, you can subtract those losses from your taxable winnings to reduce that 30% tax.

This offers players a beneficial pathway to follow and transfers the tax obligation away from them to the government instead.

If you're a non-US citizen enjoying gambling in America, this article is intended for you.

What steps must you take to qualify for a claim?

There are numerous actions you can take to make the process of filing your 1040NR Gambling Return as straightforward and efficient as possible.

Here’s a simple checklist to help you keep your claim organized:

  • Maintain documentation : When submitting your 1040NR Gambling Return, be prepared to present proof of your losses. This could be anything from a losing bet slip to a lottery ticket or a bingo card.
  • Record dates and locations : Ensure to include the date and venue of every occasion on which you incurred losses. The IRS is detail-oriented, so meticulous record-keeping is vital.
  • Involve witnesses : If possible, have friends or family members who were with you able to confirm your presence during your losses.

What is the time required to complete the 1040NR Gambling Return?

Typically, filling out the 1040NR Gambling Return could take around 60 minutes , but the exact time can vary.

For example, if you're an occasional gambler with good attention to detail and comprehension of the process, you might finish the form in a matter of minutes.

Conversely, if you're a frequent gambler, the complexity of your transactions could lead to a longer completion time.

The key aspect of filing this form is accuracy , so ensure all your information is correct. Do not rush this process.

Once submitted, how long will it take for you to receive your refund?

Gambling Return Time

While there isn't a fixed time frame for processing, estimates suggest a range of 2-3 months, up to six months.

Recent changes in procedures have extended the average wait time. It's crucial to keep track of your communication - missing an email, letter, or phone call could set back your application and reimbursement by weeks or even months.

The timing of your filing can also impact the duration - if you file close to the April deadline, expect the IRS to be busier than usual.

What are the deadlines for the 1040NR Gambling Return form?

The deadline to file the 1040NR Gambling Return aligns generally with your federal income tax filing deadline - April 15 each year. However, if this date falls on a weekend or a holiday, it may be pushed to the next business day.

There are additional deadlines to take into account as well.

For instance, losses from up to three previous years can be claimed against your winnings. Before you finalize your paperwork, review your bank statements carefully to uncover any overlooked losses. For instance, you can still include winnings from 2016 until April 15, 2020.

Winnings from 2017 have to be filed by April 15, 2021, and the same pattern continues.

Are there games that do not qualify for the 1040NR Gambling Return form?

Winnings from the following games are not subject to gambling tax: Blackjack, Baccarat, Craps, Roulette, or Big 6 Wheel.

This is due to the fact that the US government does not impose taxes on winnings from these specific games. To be honest, it would be quite a challenge for an IRS agent to stand beside a table trying to keep track of all the money exchanges.

Moreover, in a live casino environment, bet slips or wagering tickets are usually not available, making it practically impossible to substantiate losses.

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Dmitry Rogalchuk
With over five years of expertise in the iGaming sector, Dmitry Rogalchuk leads a content team at CasinoCanada, ensuring every piece of writing on our site is both insightful and engaging for our audience.
Former Head of Content
The University of British Columbia
Holding an MBA, he specializes in Digital Marketing and Business Analytics.
    Expert in:
    • Content Management
    • Latest News in IGaming
    • Gambling Industry Knowledge

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