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[QUOTE="Harthgrepa, post: 938569, member: 44325"]
You need to seek the advice of a tax advisor.  A 1042s is given to any non resident alien (non us citizen) to report taxable income.  And poker winnings are taxable. In the financial industry the tax rate is based on the country you are from and the treaty the US has signed with them in regards to taxable income, or 30%. For some countries this treaty allows for some income to be exempt from taxation, these exemptions usually have a specific amount and are fairly strict in regards to their source.  I doubt casino winnings would be exempt.
 
I had never heard of anyone who has ever had anything taken up front like you did, but it might be because of your non-citizen status.  The IRS wants their cut, and they can't come after you very easily for not paying it if you are a non us citizen living over seas.
 
You may be able to get some of it back, but you won't be able to get all of it back, the IRS will want keep some of it at the very least.
 
~H
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