Do canadian poker players keep all profits?

  • 3 replies
    • FlashDavin
      Joined: 25.10.2011 Posts: 421
      What do you mean?

      We still pay rake, but there are no taxes on our winnings. When I cash out $100, I receive $100.
    • VorpalF2F
      Super Moderator
      Super Moderator
      Joined: 02.09.2010 Posts: 8,828
      I think that there is a different set of rules that apply if you make your living playing poker.


      Paragraph 10:
      10. Profits derived from bookmaking or from the operation of any gambling establishment (carried on legally or otherwise) constitute income from a business. In addition, an individual may be subject to tax on income derived from gambling itself, if the gambling activities constitute carrying on the business of gambling; see the decision of MNR v. Morden, (1961) CTC 484, 61 DTC 1266 (Ex. Ct.). The issue of whether or not an individual's activities are such that he or she can be considered to be carrying on a gambling business is a question of fact that can be determined only by an examination of all of the circumstances and the taxpayer's entire course of conduct. Although no one factor may be conclusive, the following criteria should be considered in making the determination:

      (a) the degree of organization that is present in the pursuit of this activity by the taxpayer,

      (b) the existence of special knowledge or inside information that enables the taxpayer to reduce the element of chance,

      (c) the taxpayer's intention to gamble for pleasure as compared with any intention to gamble for profit as a means of gaining a livelihood, and

      (d) the extent of the taxpayer's gambling activities, including the number and frequency of bets.

      It is clear from various decisions of the courts that earnings from illegal operations or illicit businesses, such as illegal gambling and fraudulent business schemes, are not exempt from tax. (See for example, the decisions in The Queen v. Poynton, (1972) CTC 411, 72 DTC 6329 (Ont. C.A.) and MNR v. Eldridge, (1964) CTC 545, 64 DTC 5338 (Ex. Ct.).) Hobbies

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    • magicadil
      Joined: 03.05.2012 Posts: 181
      We keep all profits :) . CANADIAN POWER! :s_cool: