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These 80 comments are related to the topic:
for UK residents are winnings on Betfair subject to income tax??

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Replies: 80
By:
TheVis
When: 05 Feb 12 08:56
It's not just Betfair though - there will be many winners on here who are not winners from their betting overall.
By:
Getafix
When: 05 Feb 12 09:06
Yes, good point, TheVis.

This reminded me, what I failed to mention was when I say "make a living from" I use this interchangeably with the phrase "persons who are in business on the betting exchanges".  I think the betfair documents which I mentioned earlier prove that a user is not in business...as it is betfair doing the bookmaking.  This important point is what suggests that the overall winners should be treated no differently to the non-winners; The tax gets paid through our commission.
By:
catflmasppo
When: 05 Feb 12 09:14
Can't see how it would fall under capital gains, Getafix.  I think they would have to introduce new legislation.

The reason for declaring my winnings is that it is my only source of income and if they accept what you have put on your tax return, provided it is true, it is much harder for them to change their minds retrospectively - although they have a year to think about it :/
By:
jimmy69
When: 05 Feb 12 12:20
Cat...why do you bother to waste your time declaring it on your tax return if they are not interested?
By:
catflmasppo
When: 05 Feb 12 12:22
Didn't I just explain that?
By:
jimmy69
When: 05 Feb 12 12:58
That's strange. Your last post didn't appear for some reason.Grin

PS If I was you I wouldn't declare it at all. You never know...the taxman may decide to tax all this retrospectively one day who knowsLaugh
By:
Alex the old wrinkled retainer
When: 06 Feb 12 08:06
These Capital Gains comments are a red herring.  A betting slip or electronic gambling transaction is a chargeable asset just as a share certificate is.  So profits would be liable to CGT if there was not a specific exemption.

Aspro had joined the ignorant and simplistic approach adopted by Doubled.  Under current practice R&C do not appear to be attempting to tax exchange gains. However profits could be taxed under current legislation and case law for a small minority of exchange users if they so wished where it is an adventure in the nature of a trade and is not gambling   ...............end of
By:
DOUBLED
When: 06 Feb 12 09:03
zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz
By:
MalcolmArkey
When: 06 Feb 12 09:24
So profit from gambling is not taxable because it is 'gambling' ?

Is that the point ? 


So then what happens if you have a profitable system ? eg trading ?
By:
use2begudear
When: 06 Feb 12 09:46
Alex is unduly trying to get people concerned about this issue. Clearly there is no issue as DOUBLED has said.
By:
TheVis
When: 06 Feb 12 11:34
Trading (or whatever you want to call it) is as much gambling as more traditional methods.  You are just backing a series of 1.01 shots, or similar.  Once the money is in the system it is at risk and is therefore a gamble.
By:
Chilly the Dog
When: 06 Feb 12 11:52
Alex makes a good point. It's HMRC policy and not specific law which currently makes gambling profits tax free. There are many reasons they would not want to disturb the status quo such as not wanting to deal with people claiming losses.
By:
Aspro
When: 06 Feb 12 18:01
Aspro had joined the ignorant and simplistic approach

I don't need to join any approach Alex; I've been a financial adviser for nearly 30 years and I've dealt directly with tax offices regarding the matter in question... tick tock!
By:
Aspro
When: 06 Feb 12 18:12
btw... I don't believe I've ever disrespected you on this forum so please, show me the same courtesy. TIA
By:
U.A.
When: 06 Feb 12 19:20
Erm, excuse me from coming in on this testosterone fuelled argument but aren't you all arguing the same thing that they are not taxable, but you never know they could be in the future.
By:
jimmy69
When: 06 Feb 12 21:17
Anyone offer some prices...
By:
Alex the old wrinkled retainer
When: 07 Feb 12 14:07

Feb 6, 2012 -- 1:20PM, U.A. wrote:


Erm, excuse me from coming in on this testosterone fuelled argument but aren't you all arguing the same thing that they are not taxable, but you never know they could be in the future.


Spot on and yes UA.

This only really affects a small minority, any change in policy (and it would be a change in policy) is highly unlikely to be retrospective.





But I cannot leave this without commenting on Aspros comment:

I don't need to join any approach Alex; I've been a financial adviser for nearly 30 years and I've dealt directly with tax offices regarding the matter in question... tick tock!

Financial adviser means that you sell insurance and pensions, Yes?  I would love to discuss this more. We could go deal with many insurance and pension related products (tax and veracity) as well as the fundamentals of tax laws if you like.  This could be fun.

By:
Alex the old wrinkled retainer
When: 07 Feb 12 14:11
30 years too Aspro.

Would you object if I call you Aspro the man from the Hambro? 

You will have been around long enough to appreciate that.  Grin
By:
DOUBLED
When: 07 Feb 12 15:31
I know a bit about tax so will argue with everyone to prove how clever I am .......Na Na Na Na Na

T
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By:
Alex the old wrinkled retainer
When: 07 Feb 12 15:57
Some might say that you are showing yourself up to be a complete wally, Doubled.
By:
Aspro
When: 07 Feb 12 18:14
I was actually the 'Man from the Pru' for half those years; the rest as an IFA which, as you know, is a little deeper than a tied rep and goes a tad beyond pensions and life... and the crowbar ;)
By:
DFCIRONMAN
When: 07 Feb 12 18:36
It all depends on how you are betting.........There are certain circumstances where HMR&C will treat transactions as "TAXABLE INCOME".....Just ask the ones who have been caught out by their method of gambling....

A forumite with "HARRY" in name was involved in such a case DOUBLED ....but cannot remeber his BF name........Perhaps they might post this fact on this thread....
By:
DFCIRONMAN
When: 07 Feb 12 18:42
Might have been "Honest Al"....DevilLaugh
By:
Honest Al
When: 08 Feb 12 05:29
Guilty. It cost me £6000 for 2002/2004 winnings (reduced from £15,000). However, as I was sponsored and not risking my own money I was deemed to have earned 'commission' and NOT taxed for gambling winnings, as such.

All sponsored poker players are subject to the same ruling. Anyone who has their entry fees paid for by a sponsor, or anyone who is staked by a third party is liable for tax. e.g. Badbeat Poker say on their website that they are currently staking 350 players, so that's 350 people who should be declaring income on their tax returns!
By:
Lex
When: 08 Feb 12 09:51
So - if you give your friend the stake to put on a winning bet then technically you must pay tax ?
crazy!

How about all those 'odds to' middlemen ? eg they take your betting bank and bet for you ?
cant see that working - can you ?
By:
catfloppo
When: 09 Feb 12 07:09
No Lex, your friend would pay tax if you split the winnings with them in some way in return for placing the bet.
By:
catfloppo
When: 09 Feb 12 07:10
Sorry, *should
By:
Cosmic Horizon
When: 09 Feb 12 17:09
How would the amount you win be worked out?  Do they only include winnings on betfair, including wins/losses from their casino or whatever they have.  Or do they also include winnings/losses from other betting exchanges?  What about bookies?  What about scratch cards, fruit machines, playing poker with your mates etc?

Presumably just about everyone will not have a clue about how much they win or lose.  So perhaps they would only go by what you win on betfair.  However that would be extraordinarily unfair if you lose say, more on fruit machines, than what you win on here!  It would have to be total profits from ALL your gambling.  But no one is going to know that figure.
By:
getintheir
When: 11 Feb 12 21:44
you need to think about whether morally you are happy to not pay tax on your income in a similar way that bankers are being asked/expected to give up their bonuses even though they may be legally entitled to them.
By:
DFCIRONMAN
When: 12 Feb 12 00:36
BANKS may well be showing IMPROVED P & L a/cs....but they are CUTTING JOBS/ selling proerties....and reducing their RETAIL OUTLETS etc ...any ape could do that .....Does not deserve the level of BONUS that any asset stripper could achieve without too much bother........

CUTTING costs should have been carried out 3/4 decades ago.....
By:
Trevh
When: 12 Feb 12 01:51
Banking is simple compared to gambling, just take money in and pay say 3% to depositors, then loan that money to lenders and charge them 10%. Where's my bonus?

No worries if you want to take bigger gambles, the tax payer will bail you out - win win.

The money that was creamed out of the system by a few, before the collapse, was colossal.
By:
Coachbuster
When: 12 Feb 12 16:36
Cosmic Horizon     09 Feb 12 17:09 
How would the amount you win be worked out?  Do they only include winnings on betfair, including wins/losses from their casino or whatever they have.
_______________
Money won and lost in a casino ,on this sites casino,bookies ,lottery,track,bingo hall would simply not count .

Tax would only relate to sports betting exchanges (losses would be offset of course) - tax collection would not be possible otherwise
By:
Coachbuster
When: 12 Feb 12 16:38
You imagine someone on here winning 100k a year only to provide 90k in losing betting slips ?  Laugh
By:
the silverback
When: 12 Feb 12 17:16
I've got a feeling more total lifetime taxes will be generated by keeping gambling winnings free of income tax.

Any views?
By:
Mr Magoo
When: 12 Feb 12 18:07
Sorry if this has already been posted, but I can't see it anywhere on this thread:

http://www.hmrc.gov.uk/manuals/bimmanual/BIM22017.htm

The HMRC's view:

BIM22017 - Trade: Exceptions & alternatives: Betting and gambling - the professional gambler

The fact that a taxpayer has a system by which they place their bets, or that they are sufficiently successful to earn a living by gambling does not make their activities a trade.

The case of Graham v Green [1925] 9TC309 concerned a man whose sole means of livelihood came from betting on horses at starting prices. Rowlatt J says at pages 313 and 314:

Now we come to betting, pure and simple… the man who bets with the bookmaker, and that is this case. These are mere bets. Each time he puts on his money, at whatever may be the starting price. I do not think he could be said to organise his effort in the same way as a bookmaker organises his. I do not think the subject matter from his point of view is susceptible of it. In effect all he is doing is just what a man does who is a skilful player at cards, who plays every day. He plays to- day and he plays to-morrow and he plays the next day and he is skilful on each of the three days, more skilful on the whole than the people with whom he plays, and he wins. But I do not think that you can find, in his case, any conception arising in which his individual operations can be said to be merged in the way that particular operations are merged in the conception of a trade. I think all you can say of that man ... is that he is addicted to betting. It is extremely difficult to express, but it seems to me that people would say he is addicted to betting, and could not say that his vocation is betting. The subject is involved in great difficulty of language, which I think represents great difficulty of thought. There is no tax on a habit. I do not think ”habitual” or even “systematic” fully describes what is essential in the phrase “trade, adventure, profession or vocation”.

This shows that having expertise or being systematic (“studying form”) is not enough to create a trade of being a ”professional gambler”.

Some ”professional gamblers” do carry on a trade, for example, where they receive appearance money for appearing on television programmes. They are providing a service to a customer (the television production company) for reward. Whether their gambling winnings are proceeds of that trade would depend upon the facts.
By:
Cosmic Horizon
When: 12 Feb 12 18:08
Coachbuster

Money won and lost in a casino ,on this sites casino,bookies ,lottery,track,bingo hall would simply not count .

Tax would only relate to sports betting exchanges (losses would be offset of course) - tax collection would not be possible otherwise.
------------------------------------------------------------------------------------------------------------------------------

Not bookies?  Just when you bet on sport on betting exchanges? 

I'm not sure they would do that because you could easily be a heavy loser overall in your betting.  The purpose of a tax would be to obtain money off people who are up overall in their betting.  I doubt they would be unreasonable.
By:
Coachbuster
When: 12 Feb 12 19:06
Bookies run to a book though cosmic ,meaning you shouldn't win (according to theory) but more importantly  Bookies take your money anonymously - (How could it be proved you won at the Bookies ?  )
By:
DFCIRONMAN
When: 12 Feb 12 19:52
All depends on the method of putting bets on.....

EG ....a professional may have people placing bets on in BOOKIES......then they have to be very very careful on the arrangement they have with person placing bets.

What is paid to the person placing bets could be deemed FEES.....so person placing bets could be open to being providing a "service" ....which they are rewarded for etc etc
By:
Coachbuster
When: 12 Feb 12 23:40
it would all be very difficult to administer ,not sure what system they use in the States - but it's certainly  not like a  windows cleaning round where you can prove /disprove
By:
TheInvestor2
When: 13 Feb 12 01:27
Trevh
Date Joined: 21 Jul 06
Add contact | Send message
When: 12 Feb 12 01:51
Joined:
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| Topic/replies: 1,435 | Blogger: Trevh's blog
Banking is simple compared to gambling, just take money in and pay say 3% to depositors, then loan that money to lenders and charge them 10%. Where's my bonus?

No worries if you want to take bigger gambles, the tax payer will bail you out - win win.

The money that was creamed out of the system by a few, before the collapse, was colossal.


And that leaves out the fact that private banks are allowed create money, so £1billion in deposits could lead to £10billion in loans.

It doesn't really make sense to me that money created out of thin air does not come with a massive tax on the profits made by this. It's like running a state lottery: if you're given an easy way to make money, it should come with a big tax rate to compensate.

If government is going to bail out banks when it goes pear shaped, they should pay a mandatory 'insurance premium', rather than getting this for nothing at the expense of everyone else.

It probably won't happen though. This will probably all blow over and everything will go back to the way it was.
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