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Tax treaty question Condor 09-20-2008
|--> Re: Tax treaty question parrisbraeside@...09-20-2008
Posted by Condor on September 20, 2008, 12:32 am
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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

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Posted by parrisbraeside@yahoo.ca on September 20, 2008, 7:49 am
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> 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. >>
<< ------------------------------------------------------- >>

Posted by Alan on September 20, 2008, 10:19 am
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Condor wrote:
> 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.

--
<< ------------------------------------------------------- >>
<< 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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