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High Stakes of Tax Reporting: IRS Reporting Rules for Casinos

High Stakes of Tax Reporting: IRS Reporting Rules for Casinos

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The casino industry is booming. In 2024 alone, it hit a record $71.92 billion in gross revenue in the U.S. This massive amount is a clear sign of industry expansion. But with power comes responsibility. And with this surge in revenue, tax and compliance responsibilities are growing as well. 

 

IRS Reporting Rules for Casinos    

The casino industry is one of the most tightly regulated industries in the U.S. When it comes to tax reporting, the stakes are just as high as those on the gaming floor. Casinos must be able to navigate the various IRS filing requirements to stay compliant.

 

What gambling winnings do you need to report? 

The IRS requires all gambling winnings to be reported as taxable income, regardless of the amount. This applies to both cash and non-cash prizes, including: 

  • Casinos (slots, poker, table games) 
  • Lotteries and raffles 
  • Sports betting (in-person and online) 
  • Sweepstakes and prize contests 
  • Online gambling platforms 
  • Non-cash prizes such as cars, vacations, or other rewards (reported at fair market value)

For big wins, gambling institutions automatically withhold 24% in federal taxes before issuing the payout and report this to the IRS using Form W-2G (Certain Gambling Winnings).

 

Form W-2G

Casinos are required by federal law to report any winnings to the IRS. To meet this obligation, they use Form W-2G (Certain Gambling Winnings).  

Form W-2G (Certain Gambling Winnings) reports gambling winnings and any federal income tax withheld on those winnings to the IRS. This covers winnings from casinos, lotteries, raffles, horse races, etc.  

When a player wins a sizable amount and that amount is within the IRS reporting threshold, casinos are required to complete Form W-2G. The winner/player also receives a copy of the form which they can use when filing their taxes. 

The casino must file this form and issue it to any player whose gambling winnings exceed: 

  • $1,200 or more from a slot machine or bingo 
  • $1,500 or more from keno 
  • $5,000 or more from a poker tournament 
  • $600 or more, if the payout is 300 times the wager 

When a player’s winnings meet or exceed these thresholds, the casino issues a Form W-2G to the player and reports the winnings to the IRS. In certain situations, if the player fails to provide a valid Taxpayer Identification Number (TIN), the casino will withhold federal taxes from the payout, typically at a rate of 24%.  

 

Form 1042-S  

Casinos in the U.S attract international patrons, with tourists contributing 35% to the total market share. Anytime a tourist or a non-U.S. citizen wins in a casino, the casino must report the income using Form 1042-S. This IRS form is used to report any U.S. source income, including gambling winnings, paid to foreign persons. For casinos, this form is especially important when payouts are made to international players who win big at slot machines, table games, or tournaments.  

To help classify this type of income correctly, the IRS uses Income Code 29, which specifies that casinos must withhold 30% of these winnings for taxes, unless a tax treaty with the person’s country reduces that amount. The casino must then provide the winner with a copy of Form 1042-S and file it with the IRS to prove the withholding and reporting were done correctly. 

Accurately reporting gambling winnings to the IRS ensures compliance, reduces the risk of penalties, and reinforces the casino’s role in upholding U.S. tax regulations. For operations with a global audience, understanding and properly executing 1042-S filing is not just compliance, it’s smart business. 

 

Form 1099-MISC & 1099-NEC 

In addition to forms like W-2G for gambling winnings and 1042-S for payments to foreign winners, casinos must also report payments made to non-employees using Form 1099-MISC and Form 1099-NEC.  

These two forms are important for reporting payments made to independent contractors, gig workers, and temporary service providers who are not part of the casino’s regular payroll. 

Form 1099-MISC is typically used when casinos hire entertainers, musicians, comedians, or performers and pay them $600 or more. Since these payments aren’t subject to self-employment tax, they fall under miscellaneous income. Casinos may also use this form to report payments like legal fees, rent for equipment, or other non-service-related expenses. 

Form 1099-NEC, on the other hand, is used for non-employee compensation, such as payments over $600 made to freelance dealers, event coordinators, IT consultants, or gig workers who help with marketing or event logistics.  

Any misreporting can lead to IRS penalties, delayed filings, and tax complications for the recipients. For casinos, staying compliant with 1099 reporting rules can help streamline operations, reinforce transparency, and support smoother financial reporting. 

 

Tax Withholding Requirements 

Casinos may also be required to withhold federal income taxes from a player’s winnings. If a U.S. citizen won an amount that falls within the reporting threshold and doesn’t provide a valid TIN, the casino must withhold 24% of the winnings for federal taxes. 

Non-U.S. winners will face a 30% withholding unless they can file Form W-8BEN to claim a lower rate under treaty benefits. 

 

Casino Taxes by State 

Besides federal regulations, casino taxes vary significantly by state. Some states require casinos to report winnings below the federal thresholds or impose additional withholding rules. 

For instance, Nevada, home to the casino capital of the U.S., Las Vegas, enforces only federal reporting rules for casinos. While New York state has its own state-level reporting requirements in addition to the federal reporting requirements.

On top of these, casinos must pay a 21% federal corporate income tax on profits, and some also face excise taxes on specific gaming activities. Because of this mix of federal and state regulations, it’s crucial for casinos to stay compliant with both IRS rules and each state’s laws to avoid fines and penalties. 

 

Risks of Non-Compliance 

The stakes are high for both the players and the casinos. If a casino fails to file a required W-2G, or files it incorrectly, it could face the following penalties: 

  • Penalties per form for late or incorrect filings 
  • Fines for failure to withhold taxes when required 
  • IRS audits and potential legal action 

 

Streamlining Compliance with Tax1099  

From issuing Form W-2G, and other 1099s to managing casino taxes by state, casinos face complex tax reporting requirements. As the gambling industry expands, so does IRS scrutiny.

Given how complex the tax reporting landscape can be, more casinos are turning to automated e-filing platforms like Tax1099 for their eFiling and tax compliance needs.  

 

Why Choose Tax1099? 

  • Automatic Data Validation: Catch errors and validate data to ensure accurate, IRS-compliant form submissions. 
  • Bulk TIN Matching: Quickly verify multiple TINs at once to stay compliant and avoid penalties. 
  • USPS Address Verification: Cross-check recipient addresses with USPS and IRS records for accurate delivery. 
  • Schedule eFiling: Prepare, edit, and schedule eFilings in advance at no extra cost. 
  • State Filing: Manage different state filings with up-to-date deadlines and requirements. 
  • Role-Based Workflow Management: Assign tasks by role to streamline filing from data entry to final submission. 

 

Don’t wait for the deadline.

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