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Over the last several days the question of the legality of online poker has been brought up. In order to clarify this and to start off the New Year, we are revisiting the question of how the IRS handles gaming winnings, the legality of Internet gaming and the enforcement of the UIGEA of '07.
Articles from Other Publications
IRS Audits of Gaming Transactions are on the Rise
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Yolanda Smulik-Roche
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If our practice is any indication, the IRS has greatly increased the number of
audits it is performing on gaming transactions. Whether you are new to poker or
an "old pro," you should be familiar with the basic rules and regulations that
apply to gaming so that you can "audit proof" yourself should you get that
dreaded notice of an audit, which comes in several flavors. The IRS can select
you for an office audit, which requires that you produce your records regarding
winnings and losses, or it can just make changes to your return and send you a
Notice of Deficiency on which it bills you for increased tax, penalties, and
interest. The Notice of Deficiency is handled through the mail, and you are
given a time limit to disagree with what the IRS has done. In either case, if
you do not have any records, you have no recourse but to pay the deficiency in
tax owed, along with the penalties and interest. To prevent having to pay more,
you must comply with the rules and regulations as prescribed by law.
Unfortunately, some of these rules and regulations are not applied consistently
by all of the IRS offices. To assist you in complying with the IRS rules and
regulations, we are presenting the tax basics below.
Finish the Story
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IRS Stiffens Enforcement Rules on Poker Winnings
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C.R. Roberts
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This just (all) in from the IRS:
Starting next year, casinos and other sponsors of poker tournaments will be
required to report most winnings to winners and to the Internal Revenue
Service. The new requirement, which goes into effect on March 4, 2008, is contained in
guidance released Sept. 4 by the Treasury Department and the IRS. The guidance
is designed to clear up confusion about the tax reporting rules that apply to
poker tournaments. For tournaments completed during 2007 and before March 4, 2008, casinos and
other sponsors of poker tournaments will not be required to report the winnings
to the IRS or withhold tax on the winnings. But beginning March 4, 2008, the IRS
will require all tournament sponsors to report tournament winnings of more than
$5,000, usually on an IRS Form W-2G.
Finish the Story
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IRS Clarifies Poker Tournament Tax Rules
Winnings Will Start Being Reported to IRS March 4, 2008
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Donald E. Shelton
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IRS has advised that, starting on Mar. 4, 2008, casinos and others sponsoring
poker tournaments must report most winnings to winners and IRS. The guidance is
designed to clear up confusion about the tax-reporting rules that apply to poker
tournaments.
Finish the Story
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Tax Strategies for Poker Players
How to avoid problems with Internet and tournament winnings
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Ann-Margeret Johnson
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Well, it is that time of the year once again that is dreaded by not only CPAs
everywhere, but every true American; it's tax season. This tax season may be
difficult for some poker players who do not understand the rules and laws that
govern poker winnings. If you were one of the thousands of players who
won a sizable tournament, you also were probably the "lucky" winner of a Form
W-2G, showing the amount of money you took home. But reporting poker winnings
isn't that simple.
Finish the Story
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US Treasury, Federal Reserve Publish UIGEA Rules
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Haley Hintze
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In a highly controversial move pushed through in the waning days of the Bush
administration, officials at the US Treasury and the Federal Reserve today
formally published rules and procedures as called for by the 2006 Unlawful
Internet Gambling Enforcement Act (UIGEA).
Finish the Story
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Bush Administration Moves Forward on Midnight Rulemaking to Force Banks to Ban
Internet Gambling
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PRNewswire
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The Bush Administration is working to finalize regulations to
enforce a ban on Internet gambling despite concerns raised by leading financial
service companies that the regulations are ambiguous, burdensome and not likely
to stop millions of Americans from gambling online. It is expected that the
regulations, issued to implement the Unlawful Internet Gambling Enforcement Act
of 2006 (UIGEA), will be finalized at the last minute before they can be stopped
by the Obama Administration - an orchestrated move being linked to a former
National Football League (NFL) lobbyist now working in the Bush Administration.
Finish the Story
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UIGEA repeal in cards for 2009?
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Jason Kirk
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By anyone's measure, we've just experienced a monumental year for
poker. With unprecedented growth in the number of people involved in the game
and the number of places where they're playing, not to mention a few scandals
big enough to make 60 Minutes, the game was bigger than ever in 2008. That sets the stage for an even bigger year ahead. Here's a look in the
PokerListings crystal ball to see what's in store for 2009.
Finish the Story
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Govt. Files Reply to iMEGA's UIGEA Appeal
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Shari Geller
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In a new development in iMEGA's court challenge to the UIGEA, the
Department of Justice has filed a response to iMEGA's appeal in the
case. iMEGA filed its complaint last year, and the District Court dismissed it.
iMEGA then appealed the dismissal, and since then the case has been slowly
wending its way through the Third Circuit Court of Appeals.
Finish the Story
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UIGEA Regulations Issued: Still Vague and Problematic
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Gambling911
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The US Department of the Treasury and the Federal Reserve System today released
the final regulations for the Unlawful Internet Gambling Enforcement Act of 2006
(UIGEA). Volumes of testimony about the law's vagueness and practical
unworkability from both within and without the administration, most notably from
the US banking sector, upon which the burden for enforcing UIGEA will fall,
appears not have swayed regulators, as the published regulations differed little
from the draft version that had been the subject of debate for more than a year.
Finish the Story
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Gambling Law Professor, I. Nelson Rose Interprets Finalized UIGEA Regulations
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I. Nelson Rose
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Compatiblepoker was the first to read Mr. I Nelson Rose's analyzed comments on
the finalized regulations set upon banks to stop gambling deposits for US
citizens. The article can be read here "The New
Internet Gaming Regulations: Nothing Changes" with latest updates continuing
at www.compatiblepoker.com/usa.php. The just released article covers in depth what impact this will have on poker
players who gamble online from the United States on games of poker and online
casino tables. The date given in which banks must comply to the UIGEA is
December 1, 2009 almost 3 years after the UIGEA was actually passed, giving
online gamblers yet another year.
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