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  #11  
Old 11-16-2005, 05:17 PM
Karmadog Karmadog is offline
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Default Re: tax implications of using identity other than your own.

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a question i have regarding this practice is are there any important tax implications that i should be aware of.

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As long as you are paying taxes on your poker winnings, there should not be any problems. You have constructive control over the "foreign" accounts.

It is worth noting that, if at any time during the year, you have more 10K combined under your control in foreign assets (that would be Neteller+all Poker rooms + anything else), that you are required to file a disclosure document!

The possible penalties for not filing the disclosure are as severe as not paying your taxes.

You should reveiew your financial situation with a qualified tax advisor!

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Good to know. Thanks for the info.
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  #12  
Old 11-16-2005, 06:53 PM
busguy busguy is offline
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Location: Vancouver, Canada
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Default Re: tax implications of using identity other than your own.

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As long as you are paying taxes on your poker winnings, there should not be any problems. You have constructive control over the "foreign" accounts.


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This sounds much more accurate to me. I hate it when people give opinions as "factual" advice or information by saying, "This WILL create a problem". Wouldn't it by better to say, "This MIGHT create a problem" unless you actually had a clue ?

If you did things above board and properly you wouldn't think that there should be a problem.

You play on your friends account. Any winnings you chose to withdrawl are transferred from their Neteller account to yours. You then withdrawl funds to your bank account. You declare your winnings and pay your taxes. How could doing this cause either of you tax issues ? What . . . the government is going to have a clue that your friend has an on-line poker and Neteller account ?. If there are no large random deposits on their B&M bank account why and how would anyone from the IRS ever think to look into or ask about it ?

On the miniscule chance that it was actually questioned of your friend, you could always give your friend a signed letter at tax time every year that states that any and all revenue earned at XXXX Poker site in xxx person's name has been declared by you for tax purposes.

I'm not a CPA but from a purely logical point of view doesn't that make sense ?

busguy
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  #13  
Old 11-16-2005, 09:55 PM
StellarWind StellarWind is offline
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Join Date: Feb 2004
Posts: 704
Default Re: tax implications of using identity other than your own.

Standard disclaimers. IANAL.

I don't see any real difference between using someone else's poker account and any of the following:

1. Staking deals.

2. Placing bets on someone else's behalf.

3. Buying a lottery ticket for a group of people who split the jackpot.

In each case the gambling is being done in one person's name but other people have all or part of the action.

The general rule is that tax liability/benefit goes to the one who is actually winning or losing money, not the middleman who is handling it.

But you need proof!! The IRS has a reputation for being very difficult about this for the good reason that many frauds are committed in this area.

I think there is also a reporting form that the nominal recipient of the winnings is supposed to fill out, at least in some cases such as lottery tickets. Essentially it says who really won the money. Investigate if you are interested.

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On the miniscule chance that it was actually questioned of your friend, you could always give your friend a signed letter at tax time every year that states that any and all revenue earned at XXXX Poker site in xxx person's name has been declared by you for tax purposes.

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Wrong way to do this. The IRS doesn't like stuff that's done after the fact of winning money. Execute a written contract in advance saying whose money it is and who is gambling. Preferably get it notarized. Now you have solid evidence in case the IRS shows up.
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  #14  
Old 11-17-2005, 04:01 PM
lozen lozen is offline
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Join Date: Mar 2005
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Default Re: tax implications of using identity other than your own.

Also use a different computer!
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  #15  
Old 11-23-2005, 10:03 AM
KaneKungFu123 KaneKungFu123 is offline
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Join Date: Feb 2005
Posts: 1,026
Default Re: tax implications of using identity other than your own.

i started playing underage with my moms neteller account linked to a joint bank account. i have since taken her name off the bank account, but still use her neteller account. if the IRS asks i will tell them the truth....
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