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LImitPlayer
08-24-2005, 11:58 AM
I went to 2 accountants this week and both pretty much said the same thing.

It's still a grey area and it depends on how comfortable you want to sleep at night.

Any money made from poker as your sole source of income Revenue Canada will want a piece of especially if it is significant. This does not mean they will get a piece of it as Revenue Canada has gone to court before and has lost. (not poker related)

If you are making 6 figures year after year from poker as your only income they will come after what they think is their share if they find out.

This however does not neccesarily mean they will win in court since the tax laws have been written as vaguely as possible. An arguement can be made from both sides

If they do win, it can then be argued that the profits are capital gains and not income from a business and thereore you only have to pay tax on 50% of your winnings.

Same thing goes for the recreational poker player (or gambler) If you play twice a year and make a couple thousand dollars Revenue Canada could hypothetically come after you but Revenue Canada isn't going to care about it because the amount is so small.

However if you are employed in a part time or full time job and play poker or gamble as a hobby, Revenue Canada will come after you if the amount is anyhing significant as they will want want they percieve to be their fair share.

The question is, what is a significant amount to Revenue Canada?

One accountant guessed probably 10K and up, the other accountant said 10-20K but both said they couldn't say for sure.

I also inquired if it was viable if I went on a family members business payroll as a full time employee(but actually not working there) paid taxes on that, claim poker was my hobby and since I was employed full time would that make my poker winnings excempt from taxes.

The answer was the same, Revenue Canada will come after me if it is anything significant, but they may not win. If they do win an argurement can be made for not having to pay the penalties and interst but then I would have also paid the tax on the fake job as well as the tax on poker.

So it all comes down to 1) Revenue Canada 1st finding out, 2nd) how comfortable I want to be able to sleep at night sleep at night.

Which leads me to my next question: Are offshore bank accounts viable?

I have a meeting with a finanical planner on Friday and I will find out, in the meantime anyone else know anything about them?

Are there minimum deposits, balnces etc? How secure are they?

08-24-2005, 01:14 PM
So I started to formulate a reply to this post when it dawned on my that my 2+2 account name is my real name... hence the new account (you never know when Revenue Canada is watching /images/graemlins/wink.gif ) Excessively paranoid? Probably.

Limit - thanks for the info - very helpful stuff and I guess it clarifies matter about as much as they can be clarified. Sounds like it will remain a grey area for some time yet.

I have a few questions and comments I would like to make but I'm at work now so they will have to wait until I return home.

Once question I do have surrounds detection.

Here is the scenario:

My wife and I each take in around 65K/year (130K combined) from our "real" jobs. In addition to this I will pull in around 35K for the year playing a little online poker in my spare time.

Withdrawls from my bankroll to my bank account so far this year... about 16K. This money is withdrawn via Empire Poker's EFT for Canadian accounts. The money is then deposited by Empire into our primary bank account (the same one where Accounting deposits our "real" work pay every other week).

What methods would Revenue Canada use in order to flag this extra cash? I wonder if they wouldn't notice it as it just winds up blended with our normal salaries.

Sorry if this is disjointed, but being at work... y'know.

Does anyone have any comments?

meow_meow
08-24-2005, 03:43 PM
This is something I've been thinking about a lot as well. I'm a grad student, so my taxable income is less than 20k, and I make more than that playing.

As far as I know, no Canadian has yet come out on these boards and said outright in any thread that they pay taxes on poker winnings.

Tax law is very hazy, and gambling winnings aren't really taxable in Canada unless certain conditions are met (chiefly that you had a reasonable expectation of winning). Basically, I'm prepared to sit tight and if the CCRA comes after me I'll be happy to open up my books and give them what they want.

LImitPlayer
08-24-2005, 04:08 PM
[ QUOTE ]
What methods would Revenue Canada use in order to flag this extra cash? I wonder if they wouldn't notice it as it just winds up blended with our normal salaries.


[/ QUOTE ]

I asked the accountant this question as well.

There are 3 ways revenue canada would notice this cash going into your bank account:

1) you are one of the ones who are unlucky enough to get audited due to wahtever reason IE:) income tax return
in which case they would see the money coming into your account and would then trace it back to Empire.

As far as Empire co-operating that would be dobtfull but
they would see where it came from and you would have to explain it:good luck

2) you transfer enough funds from 1 account to another that the bank by law has to notify Revenue Canada. Do this emogh times and they are sure to wonder whats going on.

3) Revenue Canada wants to do a net worth assesment on you.

08-24-2005, 04:42 PM
What I found interesting was about a month or two ago I saw some promotional media for the Canadian Poker Tour Finals. They were promoting their 1 million dollar TAX FREE prize pool. They had taken out full page ads in a few magazines in order to promote this fact.

You would think they would have had laywers take a look at this to ensure they could make such a claim...

08-24-2005, 05:37 PM
[ QUOTE ]
This is something I've been thinking about a lot as well. I'm a grad student, so my taxable income is less than 20k, and I make more than that playing.

[/ QUOTE ]

I'm in the exact same situation. I hope to meet with an accountant or tax attorney in the next month or two, so I'll try to remember to bump this thread and let you know what they had to say.

Neko

Equal
08-24-2005, 06:07 PM
[ QUOTE ]
As far as I know, no Canadian has yet come out on these boards and said outright in any thread that they pay taxes on poker winnings.

[/ QUOTE ]

I paid five digits in tax on my poker winnings for 2004.

08-24-2005, 07:35 PM
[ QUOTE ]
[ QUOTE ]
As far as I know, no Canadian has yet come out on these boards and said outright in any thread that they pay taxes on poker winnings.

[/ QUOTE ]

I paid five digits in tax on my poker winnings for 2004.

[/ QUOTE ]

The way Canadian income tax is that'd only require you to make about 20k /images/graemlins/grin.gif

Twisty
08-24-2005, 07:57 PM
I also paid taxes on my winnings last year. /images/graemlins/tongue.gif
The bottom line is this----If your net worth increases by x amount of dollars in a few years and u get audited ,your tax returns should explain why your net worth has increased,
unless you can come up with some other reason that you will be able to prove,such as a gift or windfall.

4thstreetpete
08-24-2005, 07:58 PM
[ QUOTE ]

As far as I know, no Canadian has yet come out on these boards and said outright in any thread that they pay taxes on poker winnings.


[/ QUOTE ]

I have made several posts here on 2+2 on canadian tax threads regarding me paying taxes on my poker winnings. I am from toronto, I work full time, and also have made well over 6 figures from poker alone in 2004.

Why did I decide to pay taxes on it? To me 6 figures is a significant amount regardless if I have a job or not. I also plan to move up to higher limits in the near future (currently multitabling 30/60) and I don't want to jeopardize the future because I have a lot at stake. I do feel like a dope sometimes for paying it because I know that if I was making the same amount at B&M's it's highly unlikely that I would be paying taxes on it at all. Online it's a different story. I paid a healthy 5 figure payment to Rev Canada in 2004 and I'm not amused. /images/graemlins/mad.gif
Nonetheless I feel that the more money players make on poker the higher the percentage of people who report all of their winnings to Rev Canada.