Taxes

It's tax season in Canada and I've been wondering. Do professional gamblers have to pay taxes on their earnings?

Money won is not taxed in Canada correct? So do gamblers not have to pay taxes? But since you are designated as "professional", one would think that you would have to pay taxes and are condsidered self-employed. Also, if you do pay taxes, then are your buy-ins, re-buys, add-ons, books, etc, etc all tax deductible as a business expense?

Comments

  • Poker winnings are not taxed here I do believe. Win as much as you can!
  • Do professional gamblers have to pay taxes on their earnings?

    Yes.

    Although gambling winnings are not taxed in Canada, if it is your primary source of income then Revenue Canada no longer views it as gambling... it becomes taxable.
    Also, if you do pay taxes, then are your buy-ins, re-buys, add-ons, books, etc, etc all tax deductible as a business expense?

    Yes. Anything that was a reasonbaly justifiable business expense would be deductible.

    Now, having said all that... how many professional gamblers actually declare their income? I doubt it is very many. In the U.S. there are two things that significantly help Uncle sam: (1) Tournaments record income earned -- if you win money the casino issues a W2G form and "tells" the goverment how much you won; and (2) if you cash more the $5K in chips at a single time at the cage they also have to fill out a form for that.

    The more interesting question, to me at least, is the tax consequences in Canada of being a profitable, non-professional player. Someone who, for instance, consistantly makes money playing poker but still makes most of their money from traditional sources. My feeling is that there is no tax consequences to such a situation. It would be fairly common for a person to win a major poker tournament and be able to show a profit for the year. That would be, tax-wise, the same as winning a lottery I think.

    Codicil: Don't rely on my advice in this area -- talk to an accountant.
  • Thanks for the reply!
  • Actually the law seems unclear on this.

    It is clearly stated in the Income Tax Guide that lottery winnings are not taxable as income. However, I found only one reference to "lottery" or "bet" (and I tried seaching for other words) in the Income Tax Act, and this reference was vacuous since it refers to a *repealled* section of the Criminal Code (Sec. 205).

    Clearly one needs to consult with a tax professional about concerns with gambling winning/losses, or the prospect of becoming a professional poker player.


    My *intuition* on the current tax law is that (and please don't take the following as having any kind of legal substance)

    1. Winnings at poker are not taxable in terms of personal income tax.

    2. Expenses incurrered related to poker are not deductible claims from personal income tax.


    Some gray areas are:

    1. Can you designate yourself as self-employed with "playing poker" as your business?

    2. Can you incoroprate a business of "playing poker"?

    3. Can/should you designate poker profits/losses at taxable capital gains/losses? Loosely speaking, is wagering on poker a form of investment?

    ScottyZ
  • 1. Winnings at poker are not taxable in terms of personal income tax.

    2. Expenses incurrered related to poker are not deductible claims from personal income tax.

    Interestingly enough if you are a losing business then there is no way that they will go for the deduction.

    For instance, I start a business (a magazine for instance) and despite my best efforts I lose money. That business loss can be written off against my personal employment income. You could not, however, "declare" yourself to be a professional poker player then post a losing year and claim that loss against your personal employment income.

    So, the only way that you can be a professional player and write off losses is to ACTUALLY be just that. Win over the course of the tax year. If you fill out a tax form and pay a bunch of taxes to Revenue Canada they will probably be pretty happy about getting anything out of you.

    The professional Canadian players that I know simply designate themselves as self-employed and keep a thorough log and receipts and then declare their income and pay tax accordingly.

    I have had some consultations with U.S. tax accountants who assure me that the IRS operates this way -- they know that they can't get much out of someone who's income is shrouded in secrecy. If they get anything they are pretty happy.


    This also relates to why the U.S. withholds 30% when you win a poker tournament in the U.S. Canada does not tax that money and there is no tax treaty between the two countries. The U.S. says "Somebody will tax this money and if it is not Canada then we will."
  • Excellent points!

    I don't think I'll be becoming a Professional Poker Player, I'm making a decent living doing what I do, but I hate playing taxes.

    I always wondered if they had a special exemption to the taxes rules because it is gambling winnings, and joked around about quitting my job to pursue a professional gambler career, ala Brunson
  • I assume that poker is considered to be your primary income the moment your winnings exceed your income from your 'real' job. Does this mean that a person who works at McDonald's is only allowed to win say 30K/yr before being taxed on it, whereas a person who makes 100K/yr is allowed to win 99.9K/yr before being taxed on it?

    I think the whole 'primary source of income' stipulation is a little fuzzy, and if anyone can clarify it further, I'd appreciate it. My tax strategy has been, and is, to stop playing poker at high levels as soon as my winnings come anywhere near the amount I earn from my 'real' job in the course of a year. Is this a safe way to go? Any accountants out there? :wink:

    Regards,
    all_aces
  • " wrote:
    This also relates to why the U.S. withholds 30% when you win a poker tournament in the U.S. Canada does not tax that money and there is no tax treaty between the two countries. The U.S. says "Somebody will tax this money and if it is not Canada then we will."

    A tip for those of you with dual passports (especially UK). The US tax treaty with the UK (for example) provides that thay don't have to withhold on gambling winnings to UK citizens. Whenever I go to Vegas I always take both passports so that I can use the UK one to avoid the 30% withholding if I was ever to win a significant amount. Last year Binions had a list on the WSOP web site showing each country and the withholding rules - they did not post it again this year before closing.
  • Here's my take:
    if poker winnings are treated the same way as lottery winnings, then they should not be taxable, regardless of whether you make more money from poker or from your job.
    Considering the lottery, obviously if you win the super7, then you earn more from "professional lottery play" than from any other source of income, yet lottery winnings are never taxable in Canada.
    I'm hoping that this is in fact the case, as I'm a grad student, and it doesn't take much winning to make poker my "primary" income source.
    Any thoughts?
  • Hi meow_meow,

    This is from a thread I posted a while back, called 'shorthanded poker and cashouts'...
    "is this considered income...do you have to claim it (I totally understand that you may not wish to answer this question)."


    Due to the Stars and Regina wins this year, I'm in the same boat, where poker winnings are approaching my actual earnings from my 'job'. The reason I mention this is because I think it's important. If the government looks at what is your "primary source of income", you don't want it to be poker. I'd imagine I would get taxed on my winnings if that were the case. However, I don't think that's the only criteria...

    The government looks at the level of organization that goes into your gambling when it determines whether or not it's going to tax you. Basically, does it LOOK like it's a job? Do you play at set hours? Do you keep detailed records? Do you have any priveleged information that makes it less like 'gambling'? These are only some of the criteria.

    Or, is it something you do that you've been lucky at, and it just happens to be almost as lucrative as your real profession....

    To be honest, it's really really vague, and from what I understand, Canadians are very rarely taxed on gambling winnings.
    Hope that helps, I know it's not a definitive answer. FWIW I emailed the "legal" columnist at CPP a month or two ago, asking him to answer some general gambling tax questions in an upcoming issue... hope he does. There are so many questions on forums, etc... about gambling taxes in Canada, and I have yet to see a conclusive answer. I suspect that this is because the rules are vague, and apply differently to each individual person, but I'm not sure.

    Regards,
    all_aces
  • I am not a tax professional, but if it works anything like being a musician, it has to do with whether you can be deemed to have a reasonable expectation of profit. Obviously you can never have a reasonable expectation of profit playing lotteries because there is no skill factor, but some players here definitely do qualify based on their long term earnings from poker.

    That being said, the government is reluctant to deem people as having a reasonable expectation of profit, because once they do you pretty much have carte blanche to deduct your entry fees, travel expenses, books, etc.. They do not want to deem you a professional just because you won one tournament, because then you could write off your gambling expenses for years afterwords. There are a lot of people trying to write off expenses for leisure activities, or hobbies, and the government doesn't want to allow that, so they err on the side of caution.

    No doubt you high rollers should seek the advice of a tax professional on this.
  • No doubt you high rollers should seek the advice of a tax professional on this.

    Hands down, the best advice regarding taxataion of poker winnings I have ever seen, or would ever expect to see, on a poker forum.

    ScottyZ
  • I must be bored... here is your answer. From the http://www.cra-arc.gc.ca/E/pub/tp/it334r2/it334r2-e.html (the Canadian Revenue Agency):


    Gambling Profits

    10. Profits derived from bookmaking or from the operation of any gambling establishment (carried on legally or otherwise) constitute income from a business. In addition, an individual may be subject to tax on income derived from gambling itself, if the gambling activities constitute carrying on the business of gambling; see the decision of MNR v. Morden, (1961) CTC 484, 61 DTC 1266 (Ex. Ct.). The issue of whether or not an individual's activities are such that he or she can be considered to be carrying on a gambling business is a question of fact that can be determined only by an examination of all of the circumstances and the taxpayer's entire course of conduct. Although no one factor may be conclusive, the following criteria should be considered in making the determination:

    (a) the degree of organization that is present in the pursuit of this activity by the taxpayer,

    (b) the existence of special knowledge or inside information that enables the taxpayer to reduce the element of chance,

    (c) the taxpayer's intention to gamble for pleasure as compared with any intention to gamble for profit as a means of gaining a livelihood, and

    (d) the extent of the taxpayer's gambling activities, including the number and frequency of bets.

    It is clear from various decisions of the courts that earnings from illegal operations or illicit businesses, such as illegal gambling and fraudulent business schemes, are not exempt from tax. (See for example, the decisions in The Queen v. Poynton, (1972) CTC 411, 72 DTC 6329 (Ont. C.A.) and MNR v. Eldridge, (1964) CTC 545, 64 DTC 5338 (Ex. Ct.).) Hobbies
  • Nice, thanks Iron. This:

    The government looks at the level of organization that goes into your gambling when it determines whether or not it's going to tax you. Basically, does it LOOK like it's a job? Do you play at set hours? Do you keep detailed records? Do you have any priveleged information that makes it less like 'gambling'? These are only some of the criteria.
    was pretty close, but not quite there. Thanks for posting the actual regulations.

    How would the government look at me in terms of the criteria that Iron posted? How would it look at you? As Iron said, it's best to check with a professional.

    Regards,
    all_aces
  • Though I am not a tax professional I am an Accountant. The reason you are not getting a definitive answer is because you are in the grey area.

    Anyone who makes a profit from a source in which it reasonable to expect a profit must (but as David said in early posts often don't) report it as income earned for tax purposes. That being said earnings from poker are handled differently than regular employment earnings. Poker earnings would be treated as business earning and will be able to claim business expenses against that income.

    Specifically to your situation Ace you need to put yourself in the eyes of an auditor. Would you consider poker playing as a reasonable means to earn income? If so you should probably be reporting income and EXPENSES at income tax time.

    If you do decide that you want to claim your poker income for tax purposes make sure you seek a respectable tax accountant (preferrably some one with experience in poker income) as they will be more able to help figure out what your allowable expenses are. There will be many that you may or may not that are or are not allowable so seeking professional help is not even an option it is the only reasonable way to go about claiming your income in my opion.

    I probably can help out a little more. Let me know if you have any other questions.

    Jamie.
  • I KNEW this forum would come in handy someday! lol j/k

    Thanks for the help Jamie, much appreciated, I have PM'ed you so I can harrass you further.

    Regards,
    all_aces
  • I have a fascinating court case legal file about a pro poker player in court for taxes. It is from 2003, and could be a step in precedent in such matters. Problem is the document is 40,000 words, and the max here per post is 10,000.

    If there is any interest in reading this report, post so, and if the site moderators can allow it to go up, it would be useful.
    HG
  • Now that is a problem I'd like to have - having to scale back the gambling in the fall because my winnings were approaching my real income for the year!

    I don't have a pipe dream - I just want to use the playbook all_aces put together off of his own bad beats - to double my income. Instead, I am a reduced to a piece of rag. There is no justice.
  • Ok, I have talked to a firm here that deals with poker winnings.My parents run a business doing taxes for businesses, and individuals. There answer is NO, there is no taxing on poker winnings in Canada. Even if it is your primary source of income. It all falls within lottery winnings.

    ie. maybe you as a fulltime poker player is just "retired". Yet you pull no income from you assests in the bank. You pay no taxes then. You just killing time as a retired person playing poker. And manage to not take money from your assests. Yes there is a big grey area but you are safe.

    STILL FILE YOUR TAXES. You just claim NIL as income. Also noted that you may want to NOT calim GST credit, this way you are not asking the goverment for money, they won't care. But you are intitled to it none the less. AcComp Business services, is there name if you want help.
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