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If I go to the USA on say Australian passport and win over $1200 then Uncle Sam keeps I think it is 30%.

If I go to the USA on say a UK passport and win over $1200 then Uncle Sam lets me keep it all.

Lets say I'm dual passport - Aus/Uk - but I reside and pay taxes etc in Aus. If I go to the USA and cross the border with my UK passport and win $1200.01 then I assume the casino will let me keep it (all they see is a UK passport).

Will the UK (or anyone else) come chasing me for a chunk of my winnings ?

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    "If I go to the USA on say a UK passport and win over $1200 then Uncle Sam lets me keep it all." On what basis? If a tax treaty, then that is only for people who are tax residents of the other country before coming to the US; it is not based on what passport you have.
    – user102008
    Commented Sep 3 at 0:26
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    @user102008 The casino will process the winnings based on what you claim and what documents you possess: if it's a UK passport, they'll accept your claim you're a UK resident. This, however, does not absolve you of still needing to pay taxes yourself though. Commented Sep 3 at 1:28
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    I think the question is off-topic here. Tax regulations (and "tax optimization") are complex and not much related to travel (you pay taxes on income, wealth). Expat SE may ve slightly more relevant, but also... I do not think on topic. -- tax treaty are about not paying twice the taxes on same item (hindering international commerce), so information are exchanged. (and the line between simple mistake and taxation fraud )so a crime) is small, be careful and ask an expert on taxes, not random guys on Internet). Commented Sep 3 at 7:24
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    @Willeke there's no such thing as gambling tax in the US, the question is about treaty provisions regarding tax withholding for income tax purposes.
    – littleadv
    Commented Sep 3 at 9:17
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    @Willeke there is no "US gambling tax" per se. It's on how different countries treat foreign earnings, especially foreign earnings through gambling. Some countries tax gambling earnings through income tax, some through capital gains tax, some not at all. And with some of those countries the US has a treaty to handle tax collection, with some they don't and the resident would have to declare things themselves (and be guilty of tax evasion if they don't). Basically this question asks just that, how to help OP commit tax fraud.
    – jwenting
    Commented Sep 3 at 13:09

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As mentioned in the comments, taxation is based on residency and source of income, not just citizenship. The US, as an exception to the rule, taxes its citizens regardless of physical presence rules, but most other countries don't.

So if you live in Australia, you wouldn't worry about the UK taxation even if you're a UK citizen. But it works both ways - you can't get UK tax discounts either.

You're asking about which treaty benefit is applicable to you when it comes to the US tax withholding on US sourced income. Note, withholding doesn't necessarily equate to taxes due.

The tax treaties in question are to resolve issues of double taxation, and are generally based on tax residency. Since you're the tax resident of Australia, the treaty relevant would be the US-Australian tax treaty. To explicitly clarify that, both the treaties (UK, Australia) start with:

Except as specifically provided herein, this Convention is applicable only to persons who are residents of one or both of the Contracting States.

It doesn't matter which passport you present at the immigration.

Will the UK (or anyone else) come chasing me for a chunk of my winnings ?

If the income is taxable in Australia then Australia will, most certainly, as they should, since you'd be committing tax evasion there. The US as well, since you'd be committing tax fraud in the US and depriving Uncle Sam from what is rightfully his. Both might also want a chunk of your freedom, since tax evasion and tax fraud are crimes punishable by jail time in both jurisdictions. All the three countries involved are known to be sharing a lot of information between them specifically directed at identifying financial crimes.

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    @John3136 the casino staff couldn't care less. The IRS, FinCEN, and their UK and Australian counterparts would be the ones to eventually cross check all these reports with the tax returns filed by their citizens. If you claim on W8-BEN UK tax treaty benefits, but don't file any UK tax return - the UK agency will start investigating. Very quickly the whole thing will unravel, since you're obviously not a very sophisticated criminal. All the countries involved know about all your other nationalities and their law enforcement is very tight with each other.
    – littleadv
    Commented Sep 3 at 0:43
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    @John3136 Passports say nothing about your residency, neither Australian nor UK ones even have addresses. Commented Sep 3 at 1:23
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    OK, but your answer starts with a statement that taxation is based on residence and (potentially) citizenship. The OP is neither a resident nor citizen of the US, so what the US thinks isn't relevant? The answer to this question is far more complex than you've made it out to be, and depends on factors including the exact type of gambling that was involved. irs.gov/help/ita/… is a good place to start, but still only a fraction of the entire picture
    – Doc
    Commented Sep 3 at 3:31
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    "but most other countries don't", that's a bit of an understatement. According to online sources, there is only one other country that taxes non-resident citizens - Eritrea.
    – Peter M
    Commented Sep 3 at 13:47
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    @PeterM I know, I know... My experience is that the Americans on this (and the sister Money@SE) forum are very sensitive to being called out. Most of them don't realize how insane their country is when it comes to many different things, taxation included.
    – littleadv
    Commented Sep 3 at 17:19

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