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Casino cash

23 November 2010
Issue: 4282 / Categories: Forum & Feedback
A UK resident taxpayer has won $5,000 in a Las Vegas casino, and withholding tax has been deducted. No UK credit will be received because the winnings are not subject to tax in this country

My client a UK resident and ordinarily resident visited Las Vegas on holiday and won a large enough sum to pay for the trip. Apparently a withholding tax of 20% is now applied to the winnings of approximately $5 000 because such sums are taxable in America.

Casino winnings are not usually treated as taxable in the UK and therefore if there is no taxable income source to report in the self-assessment tax return is the withholding tax not refundable?

If the tax can be reclaimed please advise how it should be reported and the appropriate section under which to claim it. Finally does the double taxation agreement have any reference to the above matters?

Query 17 707 – Dollarman

Reply from N.K.

Article 22 of the double taxation agreement with the USA states that ‘items of income beneficially owned by...

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