Form 730 - Monthly Tax Return For Wagers Page 4

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4
Form 730 (Rev. 12-2012)
Page
• Drawings conducted by an organization exempt from tax
No credit is allowed unless the following information is
under sections 501 and 521, as long as the net proceeds
attached to the return for each laid-off wager:
of the drawing do not benefit a private shareholder or
• The certificate described in Regulations section
individual.
44.6419-2(d).
Line 2. Enter the gross amount of any laid-off wagers
• A statement that includes (a) the reason for the credit, (b)
accepted during the month. Gross laid-off wagers are the
the month in which the tax was paid, (c) the date of
total of those laid-off wagers that are authorized and those
payment, and (d) whether any previous claim covering all or
that are not authorized by the state in which they are
part of the amount involved has been filed.
accepted.
Line 6. If line 4c is more than line 5, enter the difference on
Lines 4a and 4b. Enter the applicable amount included in
line 6. You do not have to pay if line 6 is under $1.00. You
line 3. Multiply the amount by the rate shown and enter the
may pay the amount shown on line 6 using the Electronic
result. The rate of tax depends on whether the wager is
Federal Tax Payment System (EFTPS) or by check or
authorized by the laws of the state in which the wager was
money order. If you pay using EFTPS, do not file Form
accepted. The lower rate applies to wagers that are
730-V, Payment Voucher.
authorized by state law.
Electronic payment. Now, more than ever before,
Line 5. You may be able to claim a credit for the amount of
businesses can enjoy the benefits of paying their federal
any overpayment of tax or for the amount of tax imposed
taxes electronically. Whether you rely on a tax professional
with respect to a wager that you laid off. You may also use
or handle your own taxes, the IRS offers you a convenient
Schedule 6 (Form 8849) to make a claim for refund.
program to make it easier. Spend less time on taxes and
Credit for an overpayment of tax. Generally, you may
more time running your business. Use EFTPS to your
claim a credit for any overpayment of tax. The claim must
benefit. For information on EFTPS, visit or
be filed within 3 years from the time the Form 730 reporting
call EFTPS Customer Service at 1-800-555-4477.
the tax was filed or 2 years from the time the tax was paid,
Recordkeeping. Keep copies of your tax returns, records,
whichever is later. No credit is allowed unless a statement
and accounts of all transactions to show that the correct
of the facts involving the overpayment is attached that
tax has been paid. Keep records to support all adjustments
includes the following information.
claimed and all exemptions at least 4 years from the latest
• An explanation of the reason for claiming a credit.
of the following dates: when the tax became due, when
you paid the tax, when you claimed an adjustment, or
• The date of payment and the amount of the tax.
when you filed a claim for refund. Always keep your records
• Whether any previous claim covering the amount
available for IRS inspection.
involved, or any part, has been filed.
Penalties. Avoid penalties and interest by filing returns and
• A statement that you:
paying taxes when due. The law provides penalties for
filing a return late, paying taxes late, failing to file a return,
1. Have not collected (whether as a separate charge or
negligence, and fraud. These penalties are in addition to
otherwise) the amount of the tax from the person that
the interest charge on late payments. The penalty for filing
placed the wager on which the tax was imposed, or
a return late or paying the tax late will not be imposed if you
2. Have repaid the amount of the tax to the person that
can show that the failure to file a timely return or timely pay
placed the wager, or
the tax is due to reasonable cause.
3. Have the written consent of the person that placed the
If you receive a notice about a penalty after you file this
wager to the allowance of the credit. The consent must be
return, reply to the notice with an explanation and we will
attached to the return.
determine if you meet reasonable-cause criteria. Do not
Note. If the overpayment relates to a laid-off wager accepted
attach an explanation when you file your return.
by you, one of the three statements in the previous bullet
Unresolved tax problems. The Taxpayer Advocate’s
must be attached for both the person who placed the laid-off
office may assign a personal advocate to taxpayers who
wager with you and the person who placed the original
have been unable to resolve their problems with the IRS.
wager.
You can write to the Taxpayer Advocate at the IRS office
Credit for wagers laid off by you. If you accept a
that last contacted you or call a toll-free assistance
wager and lay off all or a part of that wager with a person
number, 1-877-777-4778. Persons who are deaf, hard of
who is liable for tax, follow the rules below to claim a credit
hearing, or have a speech disability and have access to
depending on whether or not you paid the tax.
TTY/TDD equipment may call 1-800-829-4059 to ask for
help from the Taxpayer Advocate. This office cannot
• If you have not paid the tax, you may claim a credit on
change the law or technical decisions, but it can help clear
Form 730 in the amount of the tax due for the laid-off
up problems that resulted from previous contacts.
wager, if the certificate described in Regulations section
44.6419-2(d) is attached to Form 730 for the month during
Disclosure of information on wagering taxes. Except for
which the wager was accepted and laid off.
administering or enforcing Internal Revenue taxes, neither
the Treasury Department nor any of its employees may
• If you have paid the tax, you may claim a credit for the tax
disclose documents, records, or information obtained
paid on the laid-off amount. The claim must be filed within 3
through them that a taxpayer supplies in connection with
years from the time the return reporting the tax was filed or 2
wagering taxes. Also, certain documents related to
years from the time the tax was paid, whichever is later.
wagering taxes and information obtained through them
Interest will not be allowed on a credit for the tax imposed
that relates to wagering taxes may not be used against the
on a wager that you laid off.
taxpayer in any nontax criminal proceeding. See section
4424 for more details.

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