Online Gambling Taxation

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Many poker players in the United States are unaware of the tax laws that cover their winnings. Poker winnings are taxable whether they are from cash games or tournaments. This is true for brick and mortar, as well as online poker rooms. Even if a player lives in a state where online poker is explicitly illegal there is still a responsibility to pay taxes on those winnings.

Online poker taxes in the United States

Many players may think that they can get away with not paying taxes on winnings because it was not won in a traditional casino. This could not further from the truth. Just as the technology for online poker has advanced over the years, so has the technology that helps the US Government monitor banking transactions. This is not just true for money that you deposit into a bank account. It goes well beyond that.

While depositing a check or receiving a wire from an online poker room may draw some scrutiny from the IRS, the government has other ways of tracking your online poker winnings down too.

Gambling winnings are taxed by both the IRS (Internal Revenue Service) and by many states in US All winnings from all forms of gambling are taxable and must be declared as income on your tax return. All losses from all forms of gambling are deductible as an itemized deduction for recreational players, limited to the amount of winnings declared.

The Neteller bust in 2007 was the first time it became obvious to online gamblers that the US Government could monitor their transactions. Many players thought that the IRS would never gain access to this information. They were proven wrong. Many players were forced to scramble to pay taxes on their winnings before they got a dreaded tax bill. Many players learned a lesson here, while others did not.

Neteller was just one of many US facing ewallets to fall. The government seized UseMyWallet, QuickTender, eCheckUS, eWalletXpress, PrePaidATM and many fly by night processors that processed US online gambling payments. The Department of Justice even created a bogus processor called Linwood Payment Solutions and received countless information about player payments that passed through their processing center. This gave the feds unlimited access to online poker player’s transactions that were once thought to go under the radar.

Ewallets were not the only companies handing over their player records to the US Government. Busted online poker rooms and other online gambling companies were doing the same thing. PokerStars, Full Tilt Poker, Absolute Poker and Ultimate Bet are just a few of the names that were forced to turn over player records to federal authorities. The lesson learned here is that there is always a chance that the information that you thought was private can fall into the hands of the IRS.

No, gambling is tax free in the UK. While players in some countries such as the USA, France, and Macau have to deal with gambling taxes between 1% and 25%, bettors in the United Kingdom have the privilege of keeping the entirety of their winnings. As a matter of fact, both online and offline gamblers in Britain don’t have to waste their time. Online winnings are fully taxable so you must report gambling winnings, even those that didn’t have tax withheld. You might be able to deduct gambling losses. So, keep a record so you are able to report gambling winnings and deduct gambling losses with accuracy. Gaming income is taxable like any other income you receive throughout the year. Whether or not you receive a W-2G from the casino, it is your responsibility to report “earned” winnings on your personal income tax form. As it does for land-based gamblers, the same applies to online casino players. Tax Obligations Outside Of The USA. The United States is a bit of an outlier when it comes to taxing gambling winnings. In the United Kingdom, the government taxes the gross profits of casino operators rather than players. Canadians can play the lottery, live casinos, poker and online games without paying taxes unless they are a professional.

Brick and mortar poker taxes

Brick and mortar wins are a bit it easier to hide, but there is still an obligation to report your winnings. Each cash game session must be logged. The IRS does not define what a session is. Keeping a daily journal of wins and losses should suffice. Tournament players should log each tournament entry. A poker room will be happy to give you a receipt for any tournament entry upon request. Large tournaments will automatically provide one.

A casino will issue a W2G any time that a player nets $5,000 or more in a brick and mortar tournament. A W2G is a tax form that will be submitted to the IRS with the player’s Social Security Number and other personal information. Players can refuse to provide this information. If they do, the casino is required to automatically withhold taxes on the win.

Brick and mortar players should also be aware that a casino is obligated to create a Currency Transaction Report any time a player crosses more than $10,000 through the casino cage in a 24 hour period. Poker players should also know that the casino may report any transaction that they consider to be suspicious as this is required by federal law.

Should you file as professional or recreational gambler?

There are two ways to declare poker winnings. One way is to enter the income under miscellaneous income. This is what most players will do. A player that files as a recreational player will pay their standard tax rate on this money, but will not have to pay Social Security or Medicare taxes on these winning. Most players that have full time jobs will file this way.

Players that have demonstrated a pattern of winning can claim their winnings as a professional gambler, regardless of whether the player has a full time job or not. A pattern of winning is not defined by the IRS, but many believe it means the player has gambling wins in two of the last three or three of the last five years. This is where it gets complicated, as this type of filing requires a Schedule C tax form. This is the same tax form used by self-employed business owners. There are many advantages to filing this way and one large drawback.

The drawback is that a player that files as a professional player must pay the self-employment tax on that money. When someone has a standard job they pay 6.2% of their income for Social Security and their employer matches this. This means that since you are filing as self-employed, you pay both sides of this tax because there is no employer to pay the other half. The percentage for the employee side was 4.2% in 2012, but it went back up to the traditional level of 6.2% for the 2013 tax year. There is also a 2.9% Medicare tax. This means that you will pay 15.3% in taxes placing poker income under a Schedule C, where adding it on a 1040 as Other Income will not trigger this tax. The total percentage in 2012 was 13.3% due to the Social Security tax reduction during the recession. Schedule C filers will be able to deduct 6.2% of the tax as a business expense. This adds some tax relief.

Professional poker player tax deductions

The good news is that professional players that file a Schedule C may deduct all expenses that are related to their poker business. Travel expenses tend to be the largest for professional poker players. The mileage expense for 2012 was 55.5 cents per mile. That number will be 56.5 cents in 2013. This includes miles driven to and from any casino or other gambling establishment in your personal vehicle as long as your intention was to win money. Players that think they may file this way should keep a log of how many miles that are driven to and from any poker game, even if the game was not in a traditional casino. You will need this information to decide which way to file at the end of the year.

Other travel expenses may be deducted as well. This includes airfare, hotel and rental car expenses when you take a trip where your primary purpose is to win money playing poker or some other gambling game that requires skill.

Online poker players may also have other expenses related to their work. Computers are deductible as a business expense. If you bought a computer with the sole purpose of using it for your poker business, then it qualifies as a tax deduction. So does that monitor setup needed to 24-table.

There are also some expenses that get overlooked. Your internet connection may be deductible up to the percentage of its use that is used for online poker. If you bought a computer desk, chair, floor mat or anything else office related, then that is deductible too.

You can even take the home office exemption, although this may start to push the limit. A business owner can deduct a percentage of their rent that is based on the percentage of their apartment or home devoted entirely to their business. This can be risky though. First, this has been known to send a red flag to the IRS. Second, people that do not rent may find problems down the road when they sell their home. It may create a taxable event when the home is sold if the home is considered to be a primary residence.

State income taxes

Many states tax gambling winnings. Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, Washington and Wyoming have no state income tax. Players in other states should expect to pay taxes to their state beyond what is paid to the IRS.

How should a poker player tax plan?

Online Gambling Taxes Reddit

If a player has a net cash win of $5,000 in a poker tournament in a brick and mortar casino they will receive a W2G. A player will also receive a W2G for a $1,200 gross slot win. A player has the option of having an amount withheld from their win of up to 39.6% to cover taxes in 2013. If you are the type of player that has bankroll management problems, then having the casino withhold a percentage of your win is probably a good idea. This will prevent a nasty surprise when tax time comes in 2014. There is nothing worse than owing the government money that you do not have. Do not let yourself get into that situation.

One exception to asking for a tax withholding is if you are a net losing or break even player. Even then, there is still a disadvantage to receiving a W2G.

A player can write off their gambling losses up to the amount that they won. Gambling losses are an itemized deduction though. A player that typically takes the standard deduction will not be able to write off all of their losses. Most people that do not have a home mortgage interest deduction or donate a lot of money to charity will take the standard deduction. The standard deduction for 2013 is $6,100 for single filers and $12,200 for married couples filing jointly. If you do not itemized deductions normally then you will end up getting taxed on the applicable amount, even after itemizing gambling losses, because you could already deduct the standard deduction amount.

Tax planning for 2013

It is too late to plan for 2012, but it is not too late to plan for 2013. There are several phone apps that track sessions. These include Poker Journal and Poker Income Pro. Keeping an old fashioned paper notebook with poker sessions works too, especially for people that are prone to losing phones. Make sure to back up sessions entered into the app in case your phone should break or get lost. These apps may be used for online and brick and mortar poker sessions.

Poker players should also keep a mileage log for their car. A trip requiring long distance transportation should also be tracked. It may seem like a waste now, but it will not be if a big tournament win should come later in the year. You will then be prepared to demonstrate the expenses incurred to get you to that big win.

Disclaimer

This article is meant as an informational tool to help poker players. This article does not take the place of professional tax help. There are many tax attorneys that handle gambling winnings, especially in Las Vegas. Consult one of these tax specialists before filing your taxes if you have gambling winnings to make sure that your deductions are proper and you are filing your taxes correctly.

Image credit: Mark Van Scyoc / Shutterstock.com

There are several differences between the nature of live and online gambling. One is that for the past several years, online gambling activity has been operated by companies located outside of the United States. A second is that these offshore web sites almost never immediately transfer winnings into the customer’s bank account. So, does one treat gambling winnings from online play differently from winnings from live play for tax purposes?

In general, the answer is no.

Takeaway #1: All online gambling winnings of U.S. residents are taxable under the Internal Revenue Code.

The Internal Revenue Code does not differentiate between gambling winnings from brick and mortar casinos and from online play. All gambling winnings are taxable.

“But the income is earned overseas,” you say. This statement may or may not be true. Either way, it doesn’t matter. U.S. residents pay tax on all income, from whatever source derived. Whether the gambling winnings are from a home game in your basement, a Las Vegas casino, or an online gambling website, they are all equally taxable.

Takeaway #2: Illegal income is taxable income.

The legality of offshore online gambling under federal and state laws is cloudy. (Exception: It is a felony under Washington state law to engage in internet gambling.) For tax purposes, the legality is insignificant: Whether legal or illegal, gambling winnings from online gambling play is taxable. The IRS believes that some offshore online casinos may suggest that its U.S. players are not subject to U.S. tax laws. Clearly, such operators are wrong.

The next issue to examine is the timing of reporting gambling winnings. Time after time I hear the following statement: “I don’t have to report my online gambling winnings until they are deposited into my bank account.”

Wrong.

Takeaway #3: In general, online gambling winnings are taxable when credited to the taxpayer’s online casino account.

This may be the most misunderstood concept with respect to the taxation of gambling. The doctrine of constructive receipt sometimes requires cash method taxpayers to include an item in income even if no cash, services, or property are actually received in hand during that year. When are some of those times? A taxpayer has constructive receipt of income in the taxable year during which it is:

• credited to the taxpayer’s account;
• set apart for the taxpayer; or
• otherwise made available such that the taxpayer may draw upon it during the taxable year if notice of intention to withdraw had been given.

Applied to online gambling winnings, there is constructive receipt when the winnings are credited to the taxpayer’s online gambling account. For tax purposes, it doesn’t matter when the taxpayer actually withdraws the funds from the online casino account. (Note: How Black Friday changes this analysis, if at all, will be covered next week.)

From a recordkeeping standpoint, actual withdrawal and deposit amounts on online gambling sites in most cases do not mirror actual winnings or losses. Winnings and losses must be kept track by session, as discussed in a prior post.

Let’s conclude today’s discussion by addressing some possible banking issues associated with offshore online gambling accounts.

Takeaway #4: Online gambling accounts with offshore gambling sites are likely not foreign financial accounts subject to FBAR reporting or specified financial assets subject to Form 8938 reporting.

Online Gambling Tax Australia

You may have heard about the “FBAR.” It’s a Treasury Department form. You can view it here. The primary purpose of the FBAR is to discourage taxpayers from hiding income overseas. If the total maximum balances of all foreign financial accounts of a U.S. person during the tax year exceed $10,000, then that person must file the FBAR by June 30 of the following tax year.

Significant penalties may apply for failure to timely file the FBAR, if required. A non-willful failure to file, for example, is $10,000 per violation.

Some U.S. residents have decided to move outside the country in order to play online poker full-time. It’s very possible such individuals have opened a foreign bank account or two. Yes, foreign bank accounts are subject to FBAR reporting.

Are offshore online casino accounts subject to FBAR reporting? Due to a recent change in the regulations of the laws governing FBAR reporting requirements, it appears not.

I must note that the IRS has not commented on this issue, so we can’t be entirely sure what the government’s position is. Prior regulations considered an account with a “pooled fund” as a reportable account. The current regulations narrowed the pooled fund definition only to those which issue shares available to the general public, or that have a regular net asset value determination. As far as I know, companies handling casino customer deposits do not issue public shares for these funds.

Speaking of reporting requirements, the IRS has a new (and additional) foreign asset reporting requirement, Form 8938. Unlike the FBAR, this form is attached to a taxpayer’s tax return.

What falls under Form 8938 reporting? Section 6038D of the Internal Revenue Code says that a “specified person” holding an interest in a “specified foreign financial asset” during the tax year must attach to his tax return certain information for each such asset if the total value of all such assets exceeds $50,000 on the last day of the tax year or more than $75,000 at any time during the tax year.

The Form 8938 Instructions discuss who is considered a “specified person” and what items are considered “specified foreign financial assets.” There are several caveats and exceptions. Make no mistake about it: These reporting rules are complicated. In short, I can say foreign bank accounts are covered, but it appears that offshore online gambling accounts are not.

Online Gambling Taxation Definition

Next week, we examine several possible tax implications arising due to Black Friday.

Author’s note: I must remind all readers that it is impossible to offer comprehensive tax advice on the internet. Information I write on this blog is not legal advice, and is not intended to address anyone’s particular tax situation. Should you seek such advice, consult with a tax professional to discuss your facts and circumstances.

Online Gambling Taxation Certificate

IRS Circular 230 Notice: To ensure compliance with requirements imposed by the IRS, I inform you that any U.S. federal tax advice contained in this blog is not intended or written to be used, and cannot be used, for the purposes of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter that is contained in this blog.