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A pro player can file a US income tax return with a Schedule C Profit or Loss from Business, with deductions for losses and business expenses.
A non-pro player cannot take any loss deductions against the 30% tax.
I have had this confirmed by a tax advisor from the US. The point is that the WHT is not a final tax and can be credited against your US income tax return.
if your a non-pro player the WHT and income tax equal so there is no point in doing an US ITR
also remember if your saying your a pro in the US the ATO will want to use this against you later upon an audit - rightly or wrongly.
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Whilst it's true that the private ruling system in Australia as issued to an individual taxpayer is only applicable to the individual, I wouldn't quite use the phrase lol in regards to intent and scope of effect.
In fact, pointing to the similarity of ATO view used in previous private rulings was a critical part of our argument when successfully contesting Mahogany's (details were in another thread) adverse private ruling.
The trend of arguments in private rulings should be consistent, and indeed no less an authority than the Inspector General of taxation has confirmed this.
As the comment above is slightly off topic, all the previous comments re US witholding are correct.
lol was indicated in relation to the fact that people refer to it as "Joe's ruling" only not about its scope, or intention...lol. I actually think that the ruling is very important for whoever the taxpayer was that received it. I also think in relation to the facts provided that it was probably correct. the thing is everyone is different and those facts may not overlay very many other players.
plus if its wrong, which we dont know as its never been tested in a court specifically in relation to poker. Then its useless to everyone else other than the taxpayer that requested it. but we wont know that until down the track. So despite the IGTs comments at law they can not be relied upon to the extent that a public ruling can be. sure use it all you like but just be aware that if the position changes you have no protection without your own private ruling request being answered.