The staff is clearly not well trained to understand the requirements, and I could have easily shown them that I fulfill the substantial presence test by them looking up my i94 online (it’s public record). Since I did not have the 1042-s form instructions on me to further explain to them how it works, I was forced to sign the paperwork presented to me. She said it was company policy that if I had no grencard or was not a citizen, that they had to withhold 30% of the winnings. Unfortunately, the supervisor also had no understanding on the IRS instructions regarding withholding on form 1042-s. She was polite and called her supervisor. Otherwise it would be considered a permanent residency. And I resident alien does not receive a green card. I have lived in the Us on visas for 17 years. The employee asked if I had a green card. And that the withholding requirements are only for foreign nationals or nonresident aliens. I explained to her that I am a resident alien. After hitting a 5k jackpot in one of the slot machines, a company employee came to collect my data in order to provide payout.Īfter noticing that my drivers license says “limited term”, she said that because I’m a foreign national they will have to withhold 30% of my taxes.
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