Quote:
Originally Posted by FSL009
I cant believe with so much information out there that the tax issues are still so badly discussed on any forum.
some quick points to get everyone on the right track:
1. Gambling winnings is not normally taxed in Australia because it is treated as windfall gains unless it is conducted in a way that suggests it is a commercial activity done with a view to profit. There are a number of tests to show when something done by someone ceases to be a hobby and commences being done on a commercial basis with a view to profit. I will not set these out again as they are discussed in detail in other threads.
2. non-commerical loss rules will ensure most people that make losses can only offset them against income of that same business activity and not against other income. This insures that people who are doing 1 and losing can not offset salary and wages or business income from other activites with these losses. deductions for losses to the masses will never happen because it is inequitable. However, for most of society having a professional poker player earn 750k+ and not be taxed is also inequitable.
3. Everyone is different - get your own advice by a competent person who is well versed in these issues.
Sarcasm - brilliant article really set out what the poker industry is like in Aus.... (damn morons) dont they know that 85% of people online have an average balance of $200 invested and play no higher than 20c/50c for like $50at a time and by forcing them into Casino's they would be forcing them into investing more like $500 at a time every time.
silly stuff.
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I don't see how anyone, individual or government, could consider such a small percentage of total online players deriving a living, large or small, could be considered 'inequitable', it's barely even worth quantifying the numbers are so socially insignificant.
Any discussions on taxation were purely hypothetical because as you pointed out, legislation doesn't currently provide for taxation of gambling winnings. A key factor in this is any windfall from gambling is considered a result of 'luck' rather than 'skill'. They will never classify poker as a game of skill because as per my previous discussions, it would open up all sorts of taxation loop holes.
There is only a few ways this can possibly end now attention has been drawn to it.
1. A blanket enforcement of anti gambling transaction laws on financial providers and good ol steven 'fuckwit' conroy blacklisting Internert gambling sites.
2. blanket taxation of gambling profits as a whole.
3. Legislature providing for incorporating of gambling companies to operate withing australia, knock up the rakes in the process.
Either way, As per usual in this country, the majority as a whole will be punished based on the opinions of a few..