taxes on winnings

#1
do you have to pay taxes on BJ winnings? I'm starting to get to the level of play where i need to think about that.

and lets say you play on a team. does every member have to file there own taxes? or do only the BP's have to file taxes since they are the only one's who actually won money? and if so can the BP's use the money paid to the other counters as a deduction?
 

Sonny

Well-Known Member
#2
Income from gambling is taxable and must be reported on your returns. As for the team members, it depends on how the team is set up. Are they are a corporation? Are the players/BPs considered employees or contractors? It should all be agreed upon before the team begins playing.

-Sonny-
 

moo321

Well-Known Member
#3
Sonny said:
Income from gambling is taxable and must be reported on your returns. As for the team members, it depends on how the team is set up. Are they are a corporation? Are the players/BPs considered employees or contractors? It should all be agreed upon before the team begins playing.

-Sonny-
The employee/contractor debate is hard to settle. I'd like to call people contractors, but if you decide when the trips are and how training goes, etc. they are probably employees.
 

daddybo

Well-Known Member
#4
moo321 said:
The employee/contractor debate is hard to settle. I'd like to call people contractors, but if you decide when the trips are and how training goes, etc. they are probably employees.
LOL... If you classify them as employees, you might as well get a real job. you would then have to pay SS, unemployment, withhold state and federal taxes, etc and file all the freakkin' paper work. I doubt that ever happens. Actually in this case, it probably depends more on how you pay them... eg. per hour or performance based.

But on a ironic note... I did something this week I've never done before. I had to raid part of my bankroll to pay "income taxes" on income from other sources... :( What a bummer.
 
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Machinist

Well-Known Member
#5
Is this a joke

Yea , uhhuh, riiiight. I'll get right on it. Ya made my dreary day!!!!!!! LOL
That's why i got into AP play to pay taxes. I hope you aren't serious. While we are at it why not pay for your employee's health care also. How about some retirement benefits. LOL
I love it

Machinist
 

daddybo

Well-Known Member
#6
Machinist said:
Yea , uhhuh, riiiight. I'll get right on it. Ya made my dreary day!!!!!!! LOL
That's why i got into AP play to pay taxes. I hope you aren't serious. While we are at it why not pay for your employee's health care also. How about some retirement benefits. LOL
I love it

Machinist
U R supposed to THINK those thoughts... NOT SAY those thoughts. :laugh::laugh:
 

moo321

Well-Known Member
#7
daddybo said:
LOL... If you classify them as employees, you might as well get a real job. you would then have to pay SS, unemployment, withhold state and federal taxes, etc and file all the freakkin' paper work. I doubt that ever happens. Actually in this case, it probably depends more on how you pay them... eg. per hour or performance based.

But on a ironic note... I did something this week I've never done before. I had to raid part of my bankroll to pay "income taxes" on income from other sources... :( What a bummer.
The problem is, it may not be up to you. When the IRS audits businesses, they can examine whether your "contractors" are actually employees, and charge you penalties accordingly.

I would not classify them as either employees or contractors, instead I would probably classify them as partners in an LLC.

As far as not paying taxes at all, that's pretty ****ing retarded if you ask me. If they catch you running a blackjack team off the books, paying people, etc they will nail your ass, and you will go to prison and lose a lot of money, possibly in excess of all of your assets, and tax penalties probably can't be bankrupted. It will completely ruin your life. Not a high likelihood of it happening, but if you're running a team, it's pretty dumb to not report anything.
 

Meistro

Well-Known Member
#8
You don't have to do anything; life is a series of choices. Legally, yes (if you live in America), but in my opinion it is your moral obligation to withhold taxes. The money will be used for evil; give it to a charity instead.
 

Machinist

Well-Known Member
#9
OOps

Sorry still getting used to the etiquet on this site. !!!!!!!!!
I'm wondering do i have to pay state taxes also? I suppose that would get kind of complicated if i was playing at say 20 different casinos in 20 different states. That would be a nightmare for any CPA. LOLLOL!!!!!!!!!!
I TRUELY understand our IRS from a very personal and upclose encounter of the third kind if you know what i mean. My lawyers advice......... Never even think of working a real job again, never ever. That was 9 years ago, life is good. I was in essence forced to perfect my play.
My non taxed 1 cent.

Machinist
 

Pro21

Well-Known Member
#10
This is a really complicated issue, and most CPAs or tax professionals really have no clue about how to handle professional gamblers. You are required to pay taxes on your gambling winnings, and gambling losses are deductible from wins, but they want you to keep records. If you live in a state with a state income tax then you would have to declare it there as well.
 
D

Deleted member 3798

Guest
#11
Taxes

bagles said:
Taxes on winnings
...do you have to pay taxes on BJ winnings? ...
Machinist said:
Is this a joke Yea , uhhuh, riiiight. I'll get right on it. Ya made my dreary day!!!!!!! LOL
That's why i got into AP play to pay taxes. I hope you aren't serious. While we are at it why not pay for your employee's health care also. How about some retirement benefits. LOL
I love it

Machinist
Meistro said:
You don't have to do anything; life is a series of choices. Legally, yes (if you live in America), but in my opinion it is your moral obligation to withhold taxes. The money will be used for evil; give it to a charity instead.

Speaking of taxes, I like to share a tax evasion case. Recently IRS nailed and jailed an Atlantic City guy (MJF).
2 things can get a guy in trouble because of his mouth. The first one is eating sick food carelessly. The second one is bragging. MJF had bragged about "tax-free $400,000 cash income". Someone turned him in for a $33,000 cash reward (30% of MJF's back taxes, interest, & penalties). MJF got to pay $110,000 to IRS and was sentenced to a 18-month-jail-term and 3 years of probation. Hey guys, don't forget the old saying: "loose lips sink ship!" In MJF's case, loose lips send his ass to jail.


From Google:

The IRS will reward you under the Tax Whistleblower Reward Program ... income tax fraud against the government that have gained IRS rewards for those who reported them...General Tax Fraud is committed by individual taxpayers who willfully do not file income tax returns or who fail to pay the correct amount of income, employment or excise taxes. Tax fraud may involve deliberately underreporting or omitting income, overstating the amount of deductions, keeping two sets of books, making false entries in books and records, claiming personal expenses as business expenses, claiming false deductions, and hiding or transferring assets or income.
 

WRX

Well-Known Member
#12
bagles said:
do you have to pay taxes on BJ winnings? I'm starting to get to the level of play where i need to think about that.

and lets say you play on a team. does every member have to file there own taxes? or do only the BP's have to file taxes since they are the only one's who actually won money? and if so can the BP's use the money paid to the other counters as a deduction?
Income from playing blackjack or from any other form of gambling is certainly taxable. Chiefly, there are two possible ways of reporting this income.

A casual gambler will report gross wins on the "other income" line of Form 1040. Note that I said gross wins. If you are following the letter of the law, you are not supposed to net losses against wins. You can then claim gross losses as a deduction on Schedule A. This can lead to a number of problems. First, if, but for your gambling income, you would not be itemizing deductions, you effectively get no benefit from deducting losses equal to the difference between the standard deduction and the total of your other itemized deductions. You pay an added, unfair tax for the privilege of gambling. Second, having large gross wins and large gross losses can lead to alternative minimum tax problems, which essentially means you will be tied up and flogged until you give up most of the blood in your body. Third, it is essential that you keep meticulous records, or the IRS may successfully assert that your losses are not properly documented, and should be disallowed, leaving you with a big phantom income on which you are nevertheless assessed taxes. It's worth remembering that there are several forms of large (or even not so large) payouts of gambling proceeds that casinos are required to report to the IRS.

Alternatively, a person who can legitimately assert that he is in the business of gambling with a reasonable expectation of profit can file Schedule C, listing wins as income and losses as business expenses. This avoids the problem of losses below the amount of the standard deduction not being effectively deductible on Schedule A, and the alternative minimum tax problem. It also allows you to deduct travel, education, and other miscellaneous expenses of your gambling business. However, it does raise the problem that you will have to pay the very substantial self-employment tax (which pays into the Social Security system) on your net business income.

This is a gross oversimplification. I encourage you to search for the many past threads on this subject on this and other blackjack Web sites. As Pro21 says, this is a complex subject, and reliable advice is in short supply.

As has been mentioned, you also need to consider your state tax liability. Unfortunately, there is a small number of states, notoriously Hawaii, which just changed the law in an unfavorable way, that do not allow Schedule A filers to deduct gambling losses at all. That's right, they want to tax your gross winnings while giving no consideration to the fact that you are probably a net loser overall. The tax liability can be huge, very likely exceeding your net worth. And if you don't come up with the scratch, maybe they put you in jail. It's utterly ridiculous, but no one ever said that the law was required to be rational. A small number of other states may have especially punitive versions of an alternative minimum tax that have a very similar effect. Schedule C filers can probably get around these punishing state laws. Everyone else (including the hordes of Hawaiian tourists that fill the California Hotel in Las Vegas) is left with the following unpleasant choices:

o Don't gamble. At all.
o Pay the state obscene amounts of money for the privilege of gambling.
o Become a criminal.
o Move to another state.

I have an idea which option many of the tourists in casinos around the country have chosen, whether or not they realize it.

Proper accounting for team play can be complex. However, the basic principle should be that any wins that you keep, or receive as a result of the play of others, are your income, and any amounts that you have to pay out to others because you are playing on a shared bank should be deductible in one way or another.
 
#13
For some people who are semi-pro, do they have to pay taxes? I mean you can state that youve lost loads of money elsewhere else where in fact you have been using that money to take a holiday or for other entertainment purposes. Its difficult to quantify. Cumulative wins can be reported with cumulative losses.

In Australia, we dont have to pay any taxes on gambling whatsoever. Having said our BJ games are the worse in the world with H 17 8 deck games no surrender and only shoe games. However, if you win a poker tournament here, you dont have to pay taxes. If you win Carribbean Stud jackpot, you dont have to pay taxes. You only have to pay tax if you win the lottery or invest in the sharemarket.

A couple of years ago, an Aussie guy by the name of Joe Hachem won the world poker tour in 2005 and he did not have to pay a cent when he got back to Australia. He wasnt taxes in the US nor Australia.

What about sports betting guys, my American friends? Are they taxable as well? What happen if you open multiple accounts with different online bookies? What if you gamble on the internet and win, do you pay taxes?
 

WRX

Well-Known Member
#14
Sounds like one argument for moving to Australia.

Don't you understand? That if you just "say" that you've lost loads of money elsewhere, no one's going to believe you?
 
#15
WRX,

I do not encourage you or any of you guys to under-report your cumulative winnings. How are people know you are going to win money from casinos? Most patrons (99% + ) are losers at casinos, including myself, in the past. I mean there might be lots of winning sessions but if you happen to have one losing session, you could lose all your winnings especially if people are not prepared psychologically to deal with their short-term losses.

I mean say you win $ 3000 at various casinos in LV over 2 consecutive nights. You could give some of the chips to your wife, some to your cousin or brother in law. Those people could return to the casino maybe three days later to collect your winnings. How will the tax department know? If you happen to win a lot annually and buy a new house, then yes you have to declare your winnings but money for personal use is a difficult issue to address. I mean you could spend a lot of your money at strippers and blow $ 1000 a night for entertainment purposes. Of course, you could choose to live in a cave and not have any entertainment in your life and keep your money for you kids.

Pat is correct about someone mouthing their wins. Keep it shut and youll be okay.

What about our UK friends? Do they have to pay any taxes? UK games are much better than AU BJ games and if its tax free maybe you guys should consider moving there.
 
#16
Just remember, if you are an Alien playing BJ in the USA and you win a substantial amount of money in a casino, you need an ITIN number from the IRS. This applies only if your country has a tax treaty with the US.

An ITIN number can take up to six weeks to obtain if the casino you win at is not an "Acceptance Agent", which basically means the casino can obtain an ITIN number on your behalf and its normally expedited.

Because my casino was not an acceptance agent, I have to wait 4-6 weeks to claim my 30% tax back whilst waiting for the damn ITIN number to come through. I am due to leave shortly and dont think i will get it in time, which means i will have to file a tax return at the end of the year, more problems!

Having spoken to the IRS on this matter on various occasions, its seems to me that the majority of employees at this agency are completely clueless about the laws on gambling winnings.

I guess its because most people lose and they rarely have calls from winning players.
 

WRX

Well-Known Member
#17
blackjackstudent, as to much of what you say, concerning situations in which you have a sizable win, please see my previous comments. I think that they fairly summarize a player's options.

In most states, the player who is willing to pay his taxes should have a liability not SEVERELY different from that imposed by law on other profit-seeking enterprises, without a need to resort to subterfuge, IF he keeps meticulous records. (This is not to rule out the possibility that even the most careful player might not end up in a nasty, protracted dispute with the IRS, where a prejudiced auditor refused to follow recognized legal standards. And of course even judges can be ignorant and make bad decisions. This has certainly happened to players in the past.) On the other hand, there are some states that aren't worth living in if you want to gamble.

It's not only CTRs (which are triggered upon a $10,000 cashout, not $3,000) that result in information seen by the IRS, but also, for players of slots, video poker, and certain other games with high-odds payouts, various other forms of report. The law concerning these reports is complicated and rather arbitrary. So even a player who doesn't choose to self-report honestly may find that the IRS knows about winnings, which may be substantially higher than his true NET winnings.
 
D

Deleted member 3798

Guest
#18
Tax ID# for an Alien

BJQueen said:
Just remember, if you are an Alien playing BJ in the USA and you win a substantial amount of money in a casino, you need an ITIN number from the IRS. This applies only if your country has a tax treaty with the US.

An ITIN number can take up to six weeks to obtain if the casino you win at is not an "Acceptance Agent", which basically means the casino can obtain an ITIN number on your behalf and its normally expedited.

Because my casino was not an acceptance agent, I have to wait 4-6 weeks to claim my 30% tax back whilst waiting for the damn ITIN number to come through. I am due to leave shortly and dont think i will get it in time, which means i will have to file a tax return at the end of the year, more problems!

Having spoken to the IRS on this matter on various occasions, its seems to me that the majority of employees at this agency are completely clueless about the laws on gambling winnings.

I guess its because most people lose and they rarely have calls from winning players.
Here's a faster way to obtain a tax ID# for an Alien:


1) Fill out this form W-7
http://www.irs.gov/pub/irs-pdf/fw7.pdf

2) Fax it to IRS: 631-447-4991

3) After 24 hours, call IRS for your tax ID#: 631-447-4955
 

JulieCA

Well-Known Member
#19
Pat said:
Speaking of taxes, I like to share a tax evasion case. Recently IRS nailed and jailed an Atlantic City guy (MJF).
2 things can get a guy in trouble because of his mouth. The first one is eating sick food carelessly. The second one is bragging. MJF had bragged about "tax-free $400,000 cash income". Someone turned him in for a $33,000 cash reward (30% of MJF's back taxes, interest, & penalties). MJF got to pay $110,000 to IRS and was sentenced to a 18-month-jail-term and 3 years of probation. Hey guys, don't forget the old saying: "loose lips sink ship!" In MJF's case, loose lips send his ass to jail.
Even if you keep your mouth shut, reporting a $30,000/year income and living a million-dollar lifestyle - ala Heidi Fleiss - will attract the attention of the IRS. Many a criminal has been brought down because the IRS has taken an interest in reported income v. lifestyle.
 

moo321

Well-Known Member
#20
JulieCA said:
Even if you keep your mouth shut, reporting a $30,000/year income and living a million-dollar lifestyle - ala Heidi Fleiss - will attract the attention of the IRS. Many a criminal has been brought down because the IRS has taken an interest in reported income v. lifestyle.
Yep.

I understand that people are going to under-report, or maybe avoid. But don't be stupid. If you've made several thousand dollars or more in the last year, report something. And if you're running a team, report a lot.

Personally, I report everything, because I'm a Christian and I fear God more than the IRS, and because I don't want to get raped in federal prison and have my life ruined by a felony conviction.
 
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