Why a refund is due
When a U.S. company pays a non-resident, it withholds 30% at source. The withholding is a prepayment, not the final tax. For players and creators resident abroad it is usually far more than the tax actually due.
Income earned outside the United States is not taxed there
Pay for services is sourced where the services are performed (§861(a)(3) and §862(a)(3) of the Internal Revenue Code). Prize money from tournaments played outside the United States, and streaming done from home, is foreign-source income. A non-resident owes no U.S. tax on it, so all the tax withheld on it is refunded.
Income from U.S. events: the treaty threshold
Prize money won at events held in the United States is U.S.-source. Most U.S. tax treaties exempt it for residents of the other country, unless the year's gross receipts from performing in the United States exceed the threshold in the treaty's article on artistes and sportsmen.
| Country of residence | Exempt up to (per year) |
|---|---|
| United Kingdom, Germany, Ireland, Italy, Austria, Belgium, Denmark, Finland, Czech Republic, Slovak Republic, Estonia, Latvia, Lithuania, Malta, Iceland | US$20,000 |
| Canada, Bulgaria, Slovenia | US$15,000 |
| France, Netherlands, Spain, Portugal, Switzerland, Norway, Luxembourg, Australia, New Zealand, Japan | US$10,000 |
| Sweden | US$6,000 |
| Poland, Ukraine | Not exempt |
Source: IRS Tax Treaty Table 2. Above the threshold, all U.S. event income for that year is taxable.
Above the threshold, or without a treaty: graduated rates
U.S. event income that is not exempt is taxed as business income at the graduated rates, from 10% to 37%, after a 20% deduction on business income. The rates up to 24% sit below the 30% withheld.
| Rate | Taxable income in 2025 |
|---|---|
| 10% | Up to US$11,925 |
| 12% | US$11,925 to US$48,475 |
| 22% | US$48,475 to US$103,350 |
| 24% | US$103,350 to US$197,300 |
| 32% | US$197,300 to US$250,525 |
| 35% | US$250,525 to US$626,350 |
| 37% | Over US$626,350 |
Source: IRS Revenue Procedure 2024-40
Example
What the law says
The Taxpayer Bill of Rights gives every taxpayer, resident or not, the right to pay no more than the correct amount of tax. Anything withheld above that is recovered through the annual return.
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