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Originally Posted by LETIGRA
...im not an accountant and could be wrong. just trying to tell the new poster that poker players are good people who pay taxes and it's relatively simple even if you mildly screw up it's better than not paying
No problem. I just questioned it because as far as I ever knew, and everything I have ever seen indicate that is isn't quite that simple. In fact, its actually very ambiguous as to what qualifies a player as being a pro. The point you mentioned is indeed something that would be a factor in making that determination, but its hardly conclusive.
From the article I linked above, which I feel has some pretty solid information on the topic...
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The IRS has several "facts and circumstances" tests in making the distinction between whether you are a hobby and a business. Unfortunately no one factor necessarily helps to determine this.
The following are factors that should normally be taken into account:
- Whether you carry on the activity in a businesslike manner
- Whether the time and effort you put into the activity indicate you intend to make it profitable
- Whether you depend on income from the activity for your livelihood
- Whether your losses are due to circumstances beyond your control (or are normal in the start-up phase of your type of business)
- Whether you change your methods of operation in an attempt to improve profitability
- Whether you, or your advisors, have the knowledge needed to carry on the activity as a successful business
- Whether you were successful in making a profit in similar activities in the past
- Whether the activity makes a profit in some years, and how much profit it makes
- Elements of personal pleasure or recreation
The IRS guidelines on this topic are available in Section 1.183-2 (a) and (b) of the Federal tax regulations which is a great topic to read if you are an insomniac! The above bullets summarize what they are looking for.
Honestly, the only thing that Ive learned over the years that seems to be a consensus, was that the burden of proof seems to lie more squarely on those that wish to claim pro than those that don't FWIW.
I'm no expert here either though so I don't know. If you do have a IRS statement like that it would make it black and white which would be good. If you can find it post it, if not no big deal.
Anyways, end payout thread tax hijack FTW.
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Originally Posted by Pots-For-Sale
Oh and btw the guy who wrote that article about FBAR is a guy named Russ Fox. He's actually a member of 2+2 and does tons of tax preparation for plenty of professional poker players every year. And he is extremely reasonably priced and very knowledgeable when it comes to gambling and taxes. He's in Vegas but can do everything via online and will file your FBAR for you if needed.
I used him last year and was pretty happy with him. My taxes are semi extensive as well so...
Make sure you get advice from a tax professional and not rely on our advice.
Here is a link to Russ' website.
http://www.claytontax.com
Yeah. If you post tax questions in the poker legislation section Russ will sometimes pop in and help, as least he used to fairly often IIRC.