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Old 12-01-2005, 11:51 PM
teddyFBI teddyFBI is offline
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Join Date: Jun 2004
Posts: 99
Default Re: Tax Question for Foreign Students in the US

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I actually started playing while on an F-1 visa, however I never cashed out to an American bank account so my income wasn't officially in the US. I did however, inquire about the legality of me playing as a professional in the US. According to a labor law professor at my school, F1 visa students without an employment authorization card (EAC) from DHS shouldn't even try to claim taxes as an professional gambler or even cashout to American accounts. Since your primary purpose of being in the US is to go to school you shouldn't be working full time without a permit, even as an independent contractor (which is essentially what poker players would fall under).

Since tax laws in the US and the IRS are difficult to deal with a lot of times i'd suggest you either see a tax professional (assuming you make enough) or simply cashout back home and pay taxes there.

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I appreciate your input on this, but I feel obligated to reply that a lot of that advice is simply incorrect (although I know you didn't present it as fact). The labor law prof unfortunatley didn't know what he was talking about. Employment authorization as a student has nothing to do with gambling...it was probably your prof's best guess, but he is far out of his element on this one.
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