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Old 09-20-2008, 02:19 PM
Alan
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Default Re: Tax treaty question

Condor wrote:
- quote -

> A German citizen and national visits the U.S. on a tourist visa. While in
> the U.S., he wins money in a casino. The casino withholds 30% income tax at
> source. Article 21 of the U.S. - German tax treaty seems to say that his
> winnings are taxable, if at all, only in Germany. Does anyone know if a
> claim for refund of the withholding based on Article 21 of the treaty is
> allowable?
> Condor

It's only taxable in Germany under Article 21. You will have to
file a 2008 Form 1040-NR come next January to get a refund.

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<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 
Old 09-20-2008, 11:49 AM
parrisbraeside@yahoo.ca
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Default Re: Tax treaty question

On Sep 20, 12:32*am, "Condor" <Con...[at]loosecannon.net> wrote:
- quote -

> A German citizen and national visits the U.S. on a tourist visa. *While in
> the U.S., he wins money in a casino. *The casino withholds 30% income tax at
> source. *Article 21 of the U.S. - German tax treaty seems to say that his
> winnings are taxable, if at all, only in Germany. *Does anyone know if a
> claim for refund of the withholding based on Article 21 of the treaty is
> allowable?
> Condor


You may try. You will have to file a 1040NR.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #-1  
Old 09-20-2008, 04:32 AM
Condor
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Posts: n/a
Default Tax treaty question

A German citizen and national visits the U.S. on a tourist visa. While in
the U.S., he wins money in a casino. The casino withholds 30% income tax at
source. Article 21 of the U.S. - German tax treaty seems to say that his
winnings are taxable, if at all, only in Germany. Does anyone know if a
claim for refund of the withholding based on Article 21 of the treaty is
allowable?


Condor

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 

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