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Avoiding Problems - Gaming

 

GamingTimely Filing of Required Returns and Information Reports
The Gaming Industry has, in addition to traditional business returns, some unique filing requirements relating to wagering. For information on issuing Information Reports, please refer to Gaming Withholding and Reporting Thresholds. Refer to our Gaming Tax Calendar for due dates of returns.

Payments to Non-Resident Aliens
Winnings from slot machines and certain other games by non-resident aliens are subject to withholding of a 30% tax unless they are from a treaty country and have an Individual Taxpayer Identification Number (ITIN). No tax is imposed on gambling winnings of a nonresident alien from the following games:

  • Blackjack
  • Baccarat
  • Craps
  • Roulette
  • Big-6 Wheel

Effective 1/22/2002 gaming establishments are allowed to be Acceptance Agents for ITIN applications. Certain procedures must be followed to qualify for Acceptance Agent status. For additional information, refer to Revenue Procedure 96-52, which is found in Part III of Internal Revenue Bulletin 96-48 .

Bank Secrecy Act (BSA) Requirements
There are specific BSA report filing requirements relating to certain currency transations within the casinos. These reports generally relate to transactions over $10,000. Failure to file these reports can result in civil or criminal penalties. Please refer to the Financial Crimes Enforcement Network (FinCEN) web site for more information.

Internet Gaming
The legal status of Internet gambling is currently unsettled. However, any winnings from this type of activity are taxable and must be reported. Wagers made over the Internet may be subject to federal excise tax. For more information on Internet gaming, please refer to the Department of Justice web site.

Individuals Have Been Investigated and Recommended for Prosecution in the Gaming Industry
Don't let this happen to you.  Scams, schemes and cons are prevalent in all industries and professions. Violations of federal tax and related statutes carry serious consequences.