How many of you keep a gambling diary for the IRS??? TAX REQ FROM IRS!!

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Poker King Jim said:
Thousands upon thousands upon thousands upon thousands gamble without reporting. Very very very very few gamble without reporting and get caught.

PK Jim - can we agree that you are making major assumptions here? Lets me ask - do you have a crystal ball?

People who make statements like these are just speculating. There are no statistics or facts to back up these statements. They may or may not be true.

Therefore they are useless to me. I know the law. I dont know speculation. Therefore - I choose to follow the law.
 

X X X
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Ok, I didn't mean to steer the conversation off-topic in an earlier post (I'll start another thread about that subject someday), so here's something relevant:

Did your tax consultant talk about 'estimated taxes' you may have to start paying quarterly in 2006? Yet another nasty bit of tax nastiness, gentlemen!

Basically, if you have a regular job that withholds taxes from your paychecks and in a few months you file your 2005 taxes indicating you won an amount that increased your income such that the amount that was withheld from your paycheck wasn't enough to cover the extra federal taxes you owed by a -certain- percentage, then you are going to have to pay the estimated difference of real vs. expected withholding for your 2006 taxes -during- the 2006 year..

This is called "estimated tax". You have to pay your estimated taxes in advance! The IRS wants to make sure they get their cut and to do so, they make you pay your taxes as-you-go. And if you can't pay, they charge you interest!

If there were a way to attach a .pdf I would attach IRS Publication 505 (do a search on the IRS site for it and/or google Estimated Taxes).

By the way, this pay-as-go tax applies not only to gamblers and lottery winners, but to anyone who has has a major increase in income and fits the criteria.
 

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Amsterdam said:
This is called "estimated tax". You have to pay your estimated taxes in advance! The IRS wants to make sure they get their cut and to do so, they make you pay your taxes as-you-go. And if you can't pay, they charge you interest!

This means you can end up paying interest to the IRS for unpaid taxes before you even earn the income.

If a sportsbettor has a great year in 2005 he may have to start paying taxes for 2006 quarterly during the 2006 year. The problem occurs the when IRS demands he pay the same taxes for 2006 as he did in 2005 but he can't because he started breaking even in his wagers. If in 2006 he can't pay the difference of his dayjob paycheck's withholding from the amount he owed from what he won in 2005 on a quarterly basis, then the IRS charges him interest.

It's a bitch because the law was not designed for sportsbetting. Lottery winners, yes, Other Windfalls, yes, and Getting the Dream Job, yes--Sportsbetting, no.
 

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Amsterdam said:
To my knowledge, freebie, while neteller is most likely not associated with your bank, it still uses a US bank and that bank can communicate your information with the IRS. Moreover, that bank is obligated to do report the info, depending on the amount of money you're moving. Just because the money is being taken from an ATM doesn't protect it from being flagged to the IRS.

Why would the bank want to communicate with the IRS for withdrawing couple hudred dollars from my Neteller account?

If the bank communicates with IRS, because everyone is withdraw money from ATM. That's a very busy job.

If I go to different bank and withdraw through Neteller debit, it will be vary hard for them to just pin down one person.
 

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Fishhead said:
No need to worry about PAPER TRAILS if you pay your taxes and keep accurate gambling records.

Some of you are making this WAY to difficult and agonizing.

Fishead,
the problem is, some of us make chump changes and if not winning at all period.

If I'm paying taxes on 1 winning month and the other 11 month I'm losing. I won't have extra dough for myself. I'm not trying to make things hard. I'm trying to figure out if there is a way around this for small time guys like myself.:toast:
 

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freebie said:
Fishead,
the problem is, some of us make chump changes and if not winning at all period.

If I'm paying taxes on 1 winning month and the other 11 month I'm losing. I won't have extra dough for myself. I'm not trying to make things hard. I'm trying to figure out if there is a way around this for small time guys like myself.:toast:

If your not winning, you DO NOT have to pay taxes!!

You should have a detailed diary proving such.

Again, hate to be a hard-ass here, but again many of you are making this WAY to difficult.
 

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freebie said:
Why would the bank want to communicate with the IRS for withdrawing couple hudred dollars from my Neteller account?

If the bank communicates with IRS, because everyone is withdraw money from ATM. That's a very busy job.

If I go to different bank and withdraw through Neteller debit, it will be vary hard for them to just pin down one person.

Good point, and of course the amount of money you're moving does matter. A couple hundred here, a couple hundred there, is one thing -- but if you're talking about moving thousands on a regular basis, that's another.

If you do find yourself sitting across the table with an IRS auditor because you've been chosen to be audited for reasons unrelated to your Neteller withdrawls, wouldn't you be a least a little bit concerned that once your banking transactions are put under a microscope, those $500 money movements may show up?

Total conjecture on my part, I dunno!

But then here we go off-topic again talking about ways to fly under the radar. My position is to pay all taxes. Pay the minimum, but pay 'em. There's a difference between paying the least amount of taxes as you can within the law and outright fraud.
 

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Thank God I don't live in the US. Gambling is tough enough without paying tax on your winnings.

:sad3:
 

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Fishhead said:
If your not winning, you DO NOT have to pay taxes!!
You are right that if you are losing, or breaking even, you don't have to pay taxes on the money you wagered, but consider this:

You can declare your gambling losses up to the amount of your winnings but you also must delcare your winnings as part of your yearly income. That has at least 2 not uncommon consequences: 1.) it bumps many gamblers into the next higher tax bracket or 2.) it can disqualify them from comon tax breaks (some of which were mentioned by Van in the original post) because it bumps up the AGI (before deductions).

So while you technically don't have to pay taxes on the money your wagered if you broken even (or lost money), you still end up with negative tax effects because you may miss out on tax breaks (the breaks that are aimed at working-class and middle-class america), or you'll have to pay a higher marginalized tax on the money broke even with (or lost), thus reducing your tax refund (if you have one).

So to say you don't have to pay taxes on gambling activity unless you win is wrong in the bigger picture.

Now once you admit the above is true, consider what that means to how good of a bettor you have to be. Once you see that you are in effect paying just to break even you must also see that you actually have to pick winners at a higher rate than the commonly accepted "53%" or whatever it is (assuming flat-bet). Depending on how your (and your wife, if filing jointly) tax situation falls, you ought to acknowledge that you'll have to hit 54% or 55% (or equivalent) just to break even.

You must consider the negative tax effects you incur (even if you lose or break even); not to is still your head in the sand.

And I'm not a tax professional at all and don't mean to sound as if I'm giving any authoritative advice, so pass the salt.

:toast:
 

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So.....if you're a low-roller, it only makes sense to bet in Nevada....it's cash, and not a lot of it. There is no paper trail and no fears even if you get audited. But if you play offshore you will need to file even if you lose, unless you're sure you will never be audited.

Wow, I can't imagine filing for a year in which I lost or broke even....higher AGI for goofing around on the internet.....no thanks. And if you win as a low-roller, you don't win that much and you still get the higher AGI. No thanks again.

If you're a high-roller, Nevada is still the best place because of the fact that you will get audited and therefore should file for sure. If you are a high-roller on the internet you are subject to getting in trouble (not with the IRS, but goofballs elsewhere in our gov't) for illegal gambling on the internet.

So....betting on the internet makes zero sense unless: a) You never take a payout, therefore there isn't any chance the IRS would know about it even if there is an audit. So what good is it to play. b) You pray you never get audited. c) The enjoyment of playing is worth the higher AGI and possible trouble for gambling on the internet.

Am I seeing this right?
 

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Amsterdam said:
This means you can end up paying interest to the IRS for unpaid taxes before you even earn the income.

If a sportsbettor has a great year in 2005 he may have to start paying taxes for 2006 quarterly during the 2006 year. The problem occurs the when IRS demands he pay the same taxes for 2006 as he did in 2005 but he can't because he started breaking even in his wagers. If in 2006 he can't pay the difference of his dayjob paycheck's withholding from the amount he owed from what he won in 2005 on a quarterly basis, then the IRS charges him interest.

It's a bitch because the law was not designed for sportsbetting. Lottery winners, yes, Other Windfalls, yes, and Getting the Dream Job, yes--Sportsbetting, no.

This isn't true. You only have to either 1) match your prior year taxes in current year estimated tax payments and/or withholdings or 2) match 90% or your current year's taxes in estimated tax payments and/or withholdings.
 

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BarneyFife said:
So.....if you're a low-roller, it only makes sense to bet in Nevada....it's cash, and not a lot of it. There is no paper trail and no fears even if you get audited. But if you play offshore you will need to file even if you lose, unless you're sure you will never be audited.

Wow, I can't imagine filing for a year in which I lost or broke even....higher AGI for goofing around on the internet.....no thanks. And if you win as a low-roller, you don't win that much and you still get the higher AGI. No thanks again.

If you're a high-roller, Nevada is still the best place because of the fact that you will get audited and therefore should file for sure. If you are a high-roller on the internet you are subject to getting in trouble (not with the IRS, but goofballs elsewhere in our gov't) for illegal gambling on the internet.

So....betting on the internet makes zero sense unless: a) You never take a payout, therefore there isn't any chance the IRS would know about it even if there is an audit. So what good is it to play. b) You pray you never get audited. c) The enjoyment of playing is worth the higher AGI and possible trouble for gambling on the internet.

Am I seeing this right?
I agree with pretty much everything you just said, Barney.

If you report your sportsbetting income correctly (by adding your total winnings to your yearly income and then later deducting your total losses on another form) it seems you may have a nasty tax consequence.

If you are a nickel and dime bettor who bets multiple times per week 52 weeks per year, it is very easy to have hudreds of thousands of dollars in winnings. Of course you'll also has hundreds of thousands of dollars in losses. These losses, when combined with the winnings, result in a net yearly win that is likely four or five figures (for example, a popular NFL poster here at the Rx did exactly this -- he posted on this board that his total action for last year was over $500,000!).

Note: So as to not drag that poster into this discussion without his interest, I'll refer to a hypothetical player of his type, Mr. X.

So that means, if he correctly filled out his tax return, he added some six-figure amount to his yearly income (this would be about between $200,000 and $250,000). Now, while he is allowed to deduct the other approximately $250,000 of losses from his yearly income (on another tax form), look what happened: he just bumped himself into at least the next highest marginalized tax rate (assuming he was not already getting jacked at the maximum rate of 33%).

Further, he also now disqualifies for all sorts of tax credits allowed for working-class and middle-class income because those credits and breaks are progressively disallowed as AGI increases.

Was it worth it? That depends if the amount of after-tax dollars he get to keep are greater than the higher marginalized tax rate amounts (thousands of dollars) combined with the losses of tax credits (thousands of dollars). WIthout a more detailed picture of his total tax situation it's hard to tell. It's safe say it most likely it was worth it because he probably ended up walking away with five-figures after taxes.

But what about a smaller bettor? What about a guy who is betting $50 or $100 per game? Instead of dealing with five and six figure numbers, we are now talking about three and four figures. A bettor who follows Mr. X's picks for $50 to $100 per game isn't going to be in the same final position after it is all said and done as Mr. X is because instead of clearing five-figures after taxes he will clear only four figures.

Now will those four figures be worth the extra taxes and possible loss of credits and benefits? Again, hard to say withouit a more comlplete profile, but it is safe to say that he will stand a much less likeliness of his gambling activity being worth it than his counterpart who walks away with five-figures.
 

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Redneckman said:
This isn't true. You only have to either 1) match your prior year taxes in current year estimated tax payments and/or withholdings or 2) match 90% or your current year's taxes in estimated tax payments and/or withholdings.

Maybe I worded it wrong in my description, but it still remains that the sportsbettor will have to pay based on last year's income. What if last year was -much- better than the current year? If it was then he's required to pay taxes on income he hasn't even won yet.

It's feasible to estimate your taxes and pay the difference of witholding when you are considering a regular 9 to 5 job or similar stable income, but wouldn't you agree that being required to pay taxes on gambling is much less feasible? That puts a burden on the sportsbettor to continue winning at the same high rate as the year before when he had the hot streak that triggered the estimated taxes in the first place.
 

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freebie said:
Why would the bank want to communicate with the IRS for withdrawing couple hudred dollars from my Neteller account?

If the bank communicates with IRS, because everyone is withdraw money from ATM. That's a very busy job.

If I go to different bank and withdraw through Neteller debit, it will be vary hard for them to just pin down one person.

The US Neteller card is administered by FSV in Houston, TX. You can log into your account at the FSV web site and they have all your info (name, address, phone, etc) as well as your transaction history. Certainly not anonymous if one knows where to look.

http://www.fsvpaymentsystems.com/
 

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Rawpimple said:
I would like to ask one more question-probably silly again. You are betting at an offshore sportsbook and start with 1,000 on Jan 1st. On Dec 31st you have 15000 but have not pulled any of it out of the offshore account. The next year you have a terrible streak and lose it all. Eventhough you have lost all your money, technically you should have to pay taxes during the previous year for winning 14,000 or does it only apply if it goes to you in some way (i.e. in your bank)?

You would be required to pay taxes on the $14,000 won.

Of course, if you never withdraw any money and no money ever returns to your bank account or Neteller account, the IRS would not have any info showing that you actually won anything. You would be just another losing gambler.

But, even losing gamblers are required to report money won for the year and then zero out the money won with money lost as an itemized deduction. Not doing so is filing a false return. Technically perjury.
 

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One solution to all you IRS refugees is to emigrate to the UK, or alternatively spend enough time in the UK to define this as your tax domicile.

All gambling is tax exempt in the UK unless it is your sole or main income.
 

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peskypup said:
One solution to all you IRS refugees is to emigrate to the UK, or alternatively spend enough time in the UK to define this as your tax domicile.
Emigration is a possible, though extreme, solution. I read somewhere that if a US citizen emigrates to another country for the purpose of avoiding taxes, he has to continue to pay taxes to the IRS for the next ten years. In addition such an ex-patriate may not be allowed to return to the US, even to visit.

Not sure how the tax laws work on your side of the pond, but here in the US I don't think there is such as thing as a "tax domicile". US citizens are required to pay federal income tax no matter where they live on the planet, even if they spend 99% of their time on foreign ground.

Someday if they colonize the Moon or put men on Mars the IRS will be auditing them too.

peskypup said:
All gambling is tax exempt in the UK unless it is your sole or main income.
Must be nice!

I'd like to read how English law defines "sole or main income".
 

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tax response

As with most UK tax law, "sole or main income" is not defined. It is left to the Courts. The average Revenue employee still associates the internet with something to do with fishing.

Hence as far as I know there are no internet betting test cases yet. The point being that establishilng how much profit or loss someone has made is 10 times harder when you are dealing with multiple accounts, various currencies and minimal paper records.

So there is no need to pay any tax. Most shrewd "pros" have "tax fronts" such as rental income on which they do pay tax and which they would seek to define as their "sole or main income" if the dreaded tax demand day should dawn.
 

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Thread of the year.



Is there anyone on this forum who has ever been audited? And if so, what happened? If you had a log was it good enough? If you hid the fact that you were betting, did they find out? There are over 20000 members at this site. Surely someone has been audited before. If not, they are auditing far less than 1% like everyone says.
 

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Audited last year, cake walk

BB:dancefool
CHOPTALK said:
Thread of the year.



Is there anyone on this forum who has ever been audited? And if so, what happened? If you had a log was it good enough? If you hid the fact that you were betting, did they find out? There are over 20000 members at this site. Surely someone has been audited before. If not, they are auditing far less than 1% like everyone says.
 

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