Quote:
Originally Posted by andyg2001
There is no loop hole here. We are talking about case law from 1925 which has been listed on the goverment website for years. If it was a loop hole it would have been closed by now.
No the loophole is that poker isn't gambling (neither is horseracing and that's what the case was about) and as a poker professional you are very much exercising a trading activity. In fact pro sport/horse racing punters are also trading.
The law is an antiquity coming from days were people were stupid and I'm glad to tell you that 80 years on, people are still as clueless.
Quote:
Originally Posted by FreetoplayUK
Yeah, but it isn't impossible to impose a tax policy on all gambling bets.
Regardless of Graham v Green, until 2002 there was a 10% tax levied on all bets placed at a bookmaker. If the Govt, particularly a more socially conservative one, was so inclined and felt it would generate significant funds, we could see a scenario where 10% of poker deposits go to the taxman. So numerous phone calls to tax offices starting off with "I'm a professional poker player and......" may alert them earlier than otherwise to the fact that there may be money to be made from poker players, regardless of winning and losing.
No deposits cannot be taxed. You probably have to stop thinking that the government or the state can't simply do whatever they want on a whim. They need to stick to certain methods, usually a constitutional framework or something similar for countries without a constitution. I know the American government is basically been urinating on the US constitution for the last decade but that's an exception and probably won't last long.
Of course the UK government could come up with legal taxes such as the old gambling tax. If my memory serves me well the tax in question was 9% and you could choose to have it levied on your stake or on your winnings. So a similar poker tax would be one on the rake (similar to what France is implementing right now which I believe is 4%). I'm not entirely sure the UK government wants to do this since it's precisely the abolition of the tax on wagers that has lead to the corporate gambling boom in the UK but obviously it's always possible the government does something stupid (never rule that one out).
But that's besides the point, we're talking about income tax here.