Quote:
Originally Posted by chillrob
I am not a tax professional, but I am pretty sure this is not true for gambling income.
For the last two years I filed my taxes with gambling income, but as a non-professional. There is a separate form, and then a line on your regular 1040 where the extra income goes, but I did not pay any kind of SS or self-emplyment tax on it, just regular income tax.
IRS states:
Who Must File Schedule SE
You must file Schedule SE if:
c You had net earnings from self-employment from other than church employee income (line 4 of Short Schedule SE or line 4c of
Long Schedule SE) of $400 or more,
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And:
All income earned through the taxpayer’s business, as an independent contractor or from
informal side jobs is self-employment income, which is fully taxable and must be reported on Form 1040.
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It seems that *intent* here is the operative word... Where it's gets tricky is if you chose to file as a "sole proprietor" which allows for far more generous deductions, or simply as a wage earner, taking the standard deduction.
It seems to me that if you claims a very large "misc income" on line 21 that the IRS could characterize that as income from an "informal side job", that job being poker.
The Supreme Court has defined that gambling is a valid profession.
However, having now searched a bit more, I have not found any case law that defines gambling income as specifically liable for self employment tax, provided that you are not filing as a "business".
However, if you are not filing as a business, then you cannot deduct gambling losses (at ALL) unless you itemize using schedule A.
And, if using schedule A your deductions are greater than a certain percentage of your gross income, then you'll get whacked over the head with the alternative minimum tax (which sucks far more than self employment tax), so it still mey be best to files as a business (in which case all of your losses, and also all of your related expenses such as travel, hotels, etc. are deductable business expenses).
AB