Tax on casino winnings

Do you owe tax on a win, and will anything be taken at the cashier? It depends on where you live and where you played. Tap next to any statement to read the official text behind it.

General information, not tax advice. It covers federal income tax in Canada and the United States; provincial and state rules are not covered. For your own situation, ask the Canada Revenue Agency, the IRS or a tax professional.

Every statement was checked against the official source on .

At a glance

Canadian residents playing in Canada

For the Canada Revenue Agency, gambling produces taxable income, or a business loss, when it amounts to a business.

Playing for fun, even often, generally does not. The CRA quotes the Tax Court of Canada:

Gambling - even regular, frequent and systematic gambling - is something that by its nature is not generally regarded as a commercial activity except under very exceptional circumstances.

Leblanc v. The Queen, 2006 TCC 680, quoted in CRA Income Tax Folio S3-F9-C1, paragraph 1.13.

The exceptions are rare. The CRA says they involve people who applied inside information, knowledge and skill — its example is a sober pool player who challenged drunk opponents and was taxed on his winnings.

What makes gambling a business

It is decided on the facts of each case. The CRA looks at:

  • how organized the activity is;
  • whether special knowledge or inside information reduces the element of chance;
  • whether you play for pleasure or to make a living;
  • how much you gamble, including the number and frequency of bets.

What a win earns later

Income from money you won is a separate matter. The CRA’s own example: interest earned on invested lottery winnings must be reported.

Canadian residents winning at a US casino

At the casino

The United States generally withholds 30% of a non-resident’s gambling winnings, taken from the gross amount.

Blackjack, baccarat, craps, roulette and big-6 wheel are the exception: the US does not tax a non-resident’s winnings from these games unless gambling is their business.

Canada is not on the IRS list of treaty countries whose residents’ gambling income the US does not tax.

The win and the tax withheld are reported on Form 1042-S. Keep your copy: to claim the tax back, you attach it to your US return.

What the tax treaty changes

Under the Canada–US tax treaty, a resident of Canada can deduct US gambling losses against US gambling winnings in the same way a US resident can.

Other visitors generally cannot: the IRS says non-residents who are not residents of Canada generally can’t deduct gambling losses.

The treaty does not stop the withholding at the casino. You claim the deduction afterwards, on a US non-resident return, and get back tax that was overpaid.

How to claim

  1. Keep a record of wins and losses as you play: a diary, plus receipts, tickets or statements.
  2. You may need an ITIN, the 9-digit IRS number for people who need a US tax number but cannot get a Social Security number. The IRS lists non-residents who file a US return or claim a treaty benefit.
  3. File Form 1040-NR with Schedule NEC. On Schedule NEC, residents of Canada enter winnings on line 10a, leaving out blackjack, baccarat, craps, roulette and big-6 wheel, and losses on line 10b. US losses are deductible up to US winnings; a net loss is not deductible. Attach your copy of Form 1042-S to claim back the tax withheld.
  4. Applying for an ITIN for the first time? Attach Form W-7 to the front of your 1040-NR and send them together by the due date.
  5. Deadline: if you had no US wages with tax withheld, the return is due by the 15th day of the 6th month after the tax year ends. For the 2025 tax year, that was June 15, 2026.

The treaty measures your deduction by the rules for US residents, and those rules change from 2026: see new for 2026 below. Check the Form 1040-NR instructions for the year of your win.

For your Canadian return, start from the CRA test above, and ask the CRA if you are unsure.

US citizens and residents winning in Canada

US tax follows you abroad: citizens and resident aliens are taxed on worldwide income.

The IRS treats gambling winnings as fully taxable, and names casinos among the sources.

Report every win, including winnings that no Form W-2G was issued for.

Amounts go on your return in US dollars, converted at the exchange rate when you received them.

Losses are deductible only if you itemize on Schedule A and kept a record, and never more than the winnings you report.

New for 2026: only 90% of losses

From tax year 2026, the loss deduction on Schedule A is limited to the lesser of 90% of your gambling losses or your gambling winnings.

The change comes from the One, Big, Beautiful Bill Act of July 4, 2025, which amended section 165(d) of the Internal Revenue Code.

Example. You itemize, and in 2026 you won US$5,000 and lost US$5,000. At most US$4,500 of the losses can be deducted, so US$500 of winnings stays taxable although you broke even.

Does the Canadian casino take anything?

We have not found an official statement, from the CRA or from a casino operator, on whether a casino in Canada withholds tax from a visitor’s win. Ask the cashier when you are paid and keep whatever paperwork you are given. The IRS expects the win to be reported either way.

If gambling stops being fun

If gambling stops being entertainment, help is available.

If you are thinking about suicide, call or text 9-8-8

Sources

Read on . Dates in brackets are the ones each page gives for itself.

  1. Income Tax Folio S3-F9-C1, Lottery Winnings, Miscellaneous Receipts, and Income (and Losses) from CrimeCanada Revenue Agency (2020-07-03)
  2. Amounts that are not reported or taxedCanada Revenue Agency (2026-09-17)
  3. Publication 515 (2026), Withholding of Tax on Nonresident Aliens and Foreign EntitiesInternal Revenue Service (2026-04-30)
  4. Convention of 1980 as amended, Article XXII (Other Income), paragraph 3 — added by Article 11 of the Protocol of 17 March 1995 (IRS copy)Canada–United States Income Tax Convention
  5. Technical Explanation of the Canada–US Convention and its Protocols, Protocol 3 (1995), Article 11US Treasury Department
  6. Publication 597, Information on the United States–Canada Income Tax Treaty (Rev. October 2015)Internal Revenue Service (2015-10)
  7. Topic no. 419, Gambling income and lossesInternal Revenue Service (2026-06-11)
  8. Instructions for Form 1040-NR (2025)Internal Revenue Service (2026-04-30)
  9. Individual Taxpayer Identification Number (ITIN)Internal Revenue Service (2025-10-28)
  10. Instructions for Form W-7 (12/2024), When To ApplyInternal Revenue Service (2026-08-24)
  11. U.S. citizens and resident aliens abroadInternal Revenue Service (2026-07-09)
  12. Foreign currency and currency exchange ratesInternal Revenue Service (2026-05-22)
  13. Publication 505 (2026), Tax Withholding and Estimated TaxInternal Revenue Service (2026-04-30)
  14. Internal Revenue Bulletin 2026-19, REG-113229-25 (proposed regulations on wagering losses)Internal Revenue Service (2026-05-01)
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