Are Gambling Winnings Earned Income Uk
- Are Gambling Winnings Earned Income Uk Tax
- Is Gambling Winnings Earned Income
- Are Gambling Winnings Earned Income
- Are Gambling Winnings Earned Income Uk Calculator
- Although any winnings gained from gambling be it online, in a high street bookmaker or in a casino, are exempt from tax in the UK, you may be in a situation where some interest earned on those winnings whilst they are in a bank account, savings account, trust fund or bond will be taxable.
- That’s right, 0% of your gambling winnings are counted as taxable income in the UK! It may seem a bit too good to be true – after all when does the Government turn down an opportunity to take a little extra tax? It is completely true though; the tax burden from gambling is shouldered by the operators, rather than the players.
It says that you must pay taxes on money that you earn if you are a citizen of the country. That includes money earned through gambling — this goes beyond mere poker games — and it counts money you earn overseas. There’s a bigger picture here, as well. Maybe you never earned the money online.
Whether you gamble no more than a few quid per year or are an internationally known poker player, the United Kingdom is a great place to call home. Not only is gambling completely legal and fully regulated in the UK, but you’ll be able to keep whatever you win. Although it might seem hard to fathom, gambling winnings are tax free for players in Scotland, Wales, Northern Ireland, and England. As you might expect, HM Revenue and Customs have no reason to cry poor, as they claim a sizable share by levying duties on gambling operators. Keep reading to learn all about the tax situation in Britain.
Is Gambling Taxable In The UK?
No, gambling is tax free in the UK. While players in some countries such as the USA, France, and Macau have to deal with gambling taxes between 1% and 25%, bettors in the United Kingdom have the privilege of keeping the entirety of their winnings. As a matter of fact, both online and offline gamblers in Britain don’t have to waste their time thinking about taxes. If you’ve been gambling for a while, you might recall dealing with betting duties years ago, except Gordon Brown, who was Chancellor of the Exchequer at the time, scrapped that tax in 2001. Thanks to the sudden rise and perceived threat of offshore betting earlier this century, the government was effectively forced to enact several changes. Yet this move was just one of many important developments. The government also passed the Gambling Act 2005, established the UK Gambling Commission, and started regulating online casinos.
If you live in England, Scotland, Wales, or Northern Ireland, your gambling winnings are tax free whether you play live or on the internet.
Did you know the UK government makes a virtual killing from gambling? In the 2017-18 fiscal year alone, Her Majesty’s Revenue and Customs raked in £2.9-billion in gaming-related duty. Although that figure includes lotteries, betting, and live as well as remote gaming, that’s an astronomical amount. A great deal of that revenue comes from the 15% tax levy gambling operators must pay. While you don’t have to worry about paying taxes when you win or lose, the government does tax betting shops, poker rooms, casinos, and other related establishments on their profits. Even though players don’t pay these fees directly, in many ways they are built into the odds. Nonetheless, it’s nice that you can concentrate on playing your favourite games instead of dealing with complicated tax forms.
- UK players do not pay taxes on their gambling winnings.
- The previous betting duty was abolished in 2001.
- Gambling sites now pay a 15% levy on their earnings.
- The government netted £2.9 billion in gambling duties during 2017/18.
- HMRC draws no distinction between pro and amateur players.
- If you gamble outside of Britain you may need to deal with foreign tax laws.
- The current tax code applies to online and offline betting.
Placing Your Bets Offshore
If you’ve gambled online, you’ve likely noticed that the industry continues to evolve. That’s true whether we are talking about the quality of the games, technological aspects like mobile betting, or regulatory and tax issues. As you might know, many of the sites that operate in the United Kingdom are based offshore. Some of these offshore operations were originally based in Britain, but quickly realised they could reduce their tax burden by locating their servers elsewhere and incorporating in a tax-free jurisdiction.
In order to counteract these moves, the UK Gambling Commission now requires all sites that welcome British customers to be fully licensed, whether they are physically based in Britain or elsewhere. In addition, these sites must also pay the same 15% tax as their British counterparts. Of course, as a player you won’t have to deal with these taxes. Nevertheless, a level playing field reduces the odds of the government making changes that negatively impact bettors.
Are Professional Gamblers Taxed On Their Winnings?
No - HM Revenue and Customs do not make a distinction between casual and professional players. Even if this may be subject to change in the future, at the present time gambling isn’t a recognised trade.
If you are a professional poker player, chances are you’ve already consulted with an accountant. Even so, there are a couple of points to consider. If you play outside of Britain, you may have to deal with local taxes. For example, if you win money in Las Vegas you could be subject to a federal withholding tax, although you can often apply for a refund as a non-resident. Also, if you become a poker celebrity and get paid for public appearances or representing an online cardroom, you could be subject to taxes but not on your winnings.
Keeping Records of Your Play
Although you don’t need to declare your gambling income on your tax return in the United Kingdom, successful poker players and other professional bettors often maintain personal records of their wins and losses. While this might seem like a waste of time since your winnings are tax free, there are a couple of benefits to keeping some sort of performance log.
It’s always smart to know how much you actually spend and win while gambling. Don’t you want to know how much profit you’ve made after you factor in your losses and other expenses like travel, meals, and lodging? If gambling is your sole source of income, you could end up raising several red flags if you drive to the shops in an Aston Martin. Having gambling records will be ample proof that you aren’t hiding income from taxable sources.
Frequently Asked Questions About Gambling Taxation in the UK
How much are gambling winnings taxed?
Gambling winnings are not currently taxed in the United Kingdom. Instead, casinos and other betting sites pay taxes on their profits. Remote gaming operators currently pay a 15% duty. Unless you plan on operating a casino, this will be of little concern to you.
Is gambling income taxable?
If you are a resident of the United Kingdom, your gambling income won’t be taxed. Unlike other countries such as the USA, you’ll be free to keep whatever you win in Britain even if you are a professional poker player. At the same time, you can’t deduct any losses you might accrue.
How much money do you have to win at a casino to pay taxes?
It doesn’t matter if you win £20 playing fruit machines or £2-million in a poker tournament. Your winnings will be tax free if you live in Britain.
Are blackjack winnings taxed?
No - If you live in the United Kingdom, you won’t need to pay taxes on any money you win playing blackjack.
Are gambling winnings taxed in Scotland?
No - Scottish players can win big without worry about taxes. If you live or gamble in Scotland, you can keep whatever you win.
Will my winnings be taxed if I live in Northern Ireland?
No - You won’t need to pay taxes on your gambling winning if you are a resident of Northern Ireland.
Do I have to pay tax on gambling in England?
No - As a player, you are not required to pay tax on gambling winnings in England. The government does generate sizable revenue from betting, as casinos, bookmakers, and other licensed gambling operators do pay taxes on their profits.
Are gambling winnings taxed in Wales?
No - Gambling winnings aren’t taxed in Wales. You’ll be able to keep whatever you win whether you bet online or at a local venue.
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Individuals and entities such as foreign corporations are still subject to US tax at a flat rate of 30% on income received from US sources, even if they are not US citizens or residents. A taxpayer may have the opportunity to reduce this fixed tax rate by filing Form W8BEN if his/her country of residence has an existing Income Tax Treaty negotiated with the United States.
Form W8BEN, US tax return and Foreign Nationals
This type of non-resident tax is withheld by the source of the income, or payor. The payor, also referred to as the withholding agent, has the responsibility of deducting and withholding that tax from your income and paying it to the Internal Revenue Service (IRS). If the withholding agent fails to meet this requirement, they may be held personally liable to pay the tax owed by you. This is the reason that these agents take every precaution to ensure that their obligation is met. One step in this process is to obtain a certification from the payee as to whether or not they are a US resident or citizen or a foreign individual subject to this special tax rate.
Permanent residents and citizens are not subject to the 30% (or lower treaty rate) withholding tax that foreign individuals are required to pay. Instead, foreign individuals must complete a form in the Form W-8BEN series, such as Form W-8BEN. US taxpayers use Form W-9 to file theirs. Form W-8BEN is also considered if Form 8833 must be filed.
The payor of the earned income is informed of the filing status of the individual when they have a W-8BEN on file. This fact will alert them to take out the appropriate withholding tax from the payee’s salary. When the payee is a US taxpayer, they will complete a W-9 and the payor will know that the 30% withholding tax rate does not apply.
What Income is Subject to 30% Withholding
A foreign individual will be subject to the 30% tax rate on any income they receive from the following US sources:
- Interest – this includes certain original issue discount (OID);
- Dividends;
- Rental income;
- Royalties;
- Premiums;
- Annuities;
- Compensation for, or in expectation of, services performed;
- Substitute payments in a securities lending transaction and
- Other fixed or determinable annual or periodical gains – or FDAP income- profits, or income.
This mandatory withholding tax is applied to the gross earnings of the foreign individual or entity.
There are some types of income earned in the US that will not be subject to this 30% withholding tax. Some of examples of these include:
- Broker proceeds such as the sale of US stocks or securities;
- Short term OID of 183 days or less;
- Bank deposit interest;
- Interest, dividends, rents or royalties sourced from a foreign payor and;
- Proceeds from a wager placed by a non-resident alien individual in the games of blackjack, baccarat, craps, roulette, or big-6 wheel. You can find more information on US tax assessed on gambling winnings of a foreign individual in another blog post.
You still may need to submit Form W-8BEN to claim an exception from any US information reporting and the back-up withholding for these types of US source income.
US Withholding Agents
The payors of the income to foreign individuals or entities, or the US withholding agents, are required to withhold the tax from all income paid to them. This tax must be withheld at the source of income before any payment can be made to the foreign person.
It is the withholding agent who is held responsible to ensure that the proper withholding tax is upheld, resulting in most of these payors being extremely diligent in making sure that it takes place. Otherwise, the alternative could be being held responsible for paying any taxes which were not withheld. This makes it highly unlikely that a foreign individual could avoid having to pay the stipulated withholding tax.
Reduced Tax Withholding With the Form W8BEN
A foreign person earning income in the US can have the 30% withholding rate reduced based on any applicable tax treaty for the foreign payee – the foreign individual who is receiving the income.
In order for the payee to claim a deduction under the rules of a relevant tax treaty, the withholding agent must first receive a Form W-8BEN from the foreign individual. It is only then that they can grant the payee the withholding reduction on the earned income outlined in the tax treaty.
Form W-8BEN must be signed and dated by the individual earning the income in question, or by an authorized agent as evidenced by a completed power of attorney form. IRS Form 2848, Power of Attorney, is sufficient to fulfill this purpose.
Related Forms to the Form W-8BEN Series
Foreign individuals who are earning a US income will generally be required to complete Form W-8BEN but there are other forms in the series, W-8BEN-E, W-8ECI, W-8-EXP and W-8IMY. These forms may be necessary based on the circumstance of the payee, such as if they are an individual or an entity.
A US taxpayer is not required to complete any of the forms found in the W8 series. They instead must complete Form W-9 in order to avoid having to pay any type of mandatory withholding tax.
Claiming Tax Treaty Benefits with the Form W8BEN
In the event that there is a tax treaty between the United States and your country of residence that provides an exemption from, or reduction of, withholding for certain items of income it is your responsibility to report this to the source of your income. All foreign individuals for whom a treaty applies should notify the payor of their foreign status in order to claim the benefits that they are entitled to. In most cases you will do this by filing Form W-8BEN, Certificate of Foreign Status of Beneficial Owner for United States Withholding and Reporting (Individuals) with the withholding agent.
W8-BEN Exemption from Withholding
A reduced rate of withholding tax will apply to a foreign individual that provides the payor with a Form W-8BEN claiming a reduced rate of withholding tax under an income tax treaty. The payee will be required to provide a US Taxpayer Identification Number (TIN) except where the income received is derived from certain marketable securities. They must also certify that:
- They are a resident of a treaty country;
- They are the beneficial owner of the income;
- If it is an entity, that it derives its income within the meaning of Section 894 of the Internal Revenue Code which states that it is not fiscally transparent; and
- That it meets any limitation on benefits provisions contained in the treaty if applicable.
Limitation on Benefits Provisions
Limitations on benefits provisions will generally prohibit residents from third countries from obtaining treaty benefits. In other words, a foreign corporation should not be entitled to a reduced rate of withholding tax on its earnings unless a minimum percentage of its owners are citizens or residents of the treaty country or United States.
Where to Send the Form W8-BEN
The Form W8BEN must be presented to the withholding agent or payor in order to claim a reduced rate of withholding tax. It should not be sent directly to the IRS.
Are Gambling Winnings Earned Income Uk Tax
How long is the Form W-8BEN Valid?
It is important that the Form W-8BENBEN be kept up to date in order to avoid having tax wrongfully withheld from your income. Recovering wrongfully withheld taxes from the IRS is a time consuming and costly process.
A Form W8BEN that is provided without a valid US TIN will remain in effect from the date that the form was signed until the last day of the third succeeding year unless a change in your circumstances makes any information on the form incorrect. Monitoring the expiration date of your forms is important to ensure that you are not wrongfully taxed on your earnings. If so, your only recourse will be to file a tax return and wait to receive a refund from the IRS.
Is Gambling Winnings Earned Income
A Form W8BEN that is filed with a US TIN will remain active until a change in your circumstances makes any of the information on the form incorrect. This is provided that the withholding agent reports on Form 1042-S for at least one payment made annually to the beneficial owner.
Are Gambling Winnings Earned Income
Do you have more questions about the ways to minimize US expat taxes?
Our firm is committed to meeting the unique needs of each individual client, understanding that every tax situation is different, necessitating a personal approach in order to achieve realistic and effective solutions. For more information, please contact Artio Partners.