Tax On Casino Winnings Australia

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Sep 01, 2019  “Gambling winnings are fully taxable and you must report the income on your tax return. Gambling income includes, but isn’t limited to, winnings from lotteries, raffles, horse races and casinos. It includes cash winnings and the fair market value of prizes, such as cars and trips,” the Internal Revenue Service (IRS) states.

Do you like to gamble? If so, then you should know that the taxman beats the odds every time you do. The Internal Revenue Service and many states consider any money you win in the casino as taxable income. This applies to all types of casual gambling – from roulette and poker tournaments to slots, bingo and even fantasy football. In some cases, the casino will withhold a percentage of your winnings for taxes before it pays you at the rate of 24 percent.

Casino Winnings Are Not Tax-Free

Casino winnings count as gambling income and gambling income is always taxed at the federal level. That includes cash from slot machines, poker tournaments, baccarat, roulette, keno, bingo, raffles, lotteries and horse racing. If you win a non-cash prize like a car or a vacation, you pay taxes on the fair market value of the item you win.

By law, you must report all your winnings on your federal income tax return – and all means all. Whether you win five bucks on the slots or five million on the poker tables, you are technically required to report it. Job income plus gambling income plus other income equals the total income on your tax return. Subtract the deductions, and you'll pay taxes on the resulting figure at your standard income tax rate.

How Much You Win Matters

While you're required to report every last dollar of winnings, the casino will only get involved when your winnings hit certain thresholds for income reporting:

  • $5,000 (reduced by the wager or buy-in) from a poker tournament, sweepstakes, jai alai, lotteries and wagering pools.
  • $1,500 (reduced by the wager) in keno winnings.
  • $1,200 (not reduced by the wager) from slot machines or bingo
  • $600 (reduced by the wager at the casino's discretion) for all other types of winnings but only if the payout is at least 300 times your wager.

Win at or above these amounts, and the casino will send you IRS Form W2-G to report the full amount won and the amount of tax withholding if any. You will need this form to prepare your tax return.

Understand that you must report all gambling winnings to the IRS, not just those listed above. It just means that you don't have to fill out Form W2-G for other winnings. Income from table games, such as craps, roulette, blackjack and baccarat, do not require a WG-2, for example, regardless of the amount won. It's not clear why the IRS has differentiated it this way, but those are the rules. However, you still have to report the income from these games.

What is the Federal Gambling Tax Rate?

Standard federal tax withholding applies to winnings of $5,000 or more from:

  • Wagering pools (this does not include poker tournaments).
  • Lotteries.
  • Sweepstakes.
  • Other gambling transactions where the winnings are at least 300 times the amount wagered.

If you win above the threshold from these types of games, the casino automatically withholds 24 percent of your winnings for the IRS before it pays you. If you cannot provide a Social Security number, the casino will make a 'backup withholding.' A backup withholding is also applied at the rate of 24 percent, only now it includes all your gambling winnings from slot machines, keno, bingo, poker tournaments and more. This money gets passed directly to the IRS and credited against your final tax bill. Before December 31, 2017, the standard withholding rate was 25 percent and the backup rate was 28 percent.

The $5,000 threshold applies to net winnings, meaning you deduct the amount of your wager or buy-in. For example, if you won $5,500 on the poker tables but had to buy in to the game for $1,000, then you would not be subject to the minimum withholding threshold.

It's important to understand that withholding is an entirely separate requirement from reporting the winning on Form WG-2. Just because your gambling winning is reported on Form WG-2 does not automatically require a withholding for federal income taxes.

Can You Deduct Gambling Losses?

If you itemize your deductions on Schedule A, then you can also deduct gambling losses but only up to the amount of the winnings shown on your tax return. So, if you won $5,000 on the blackjack table, you could only deduct $5,000 worth of losing bets, not the $6,000 you actually lost on gambling wagers during the tax year. And you cannot carry your losses from year to year.

The IRS recommends that you keep a gambling log or spreadsheet showing all your wins and losses. The log should contain the date of the gambling activity, type of activity, name and address of the casino, amount of winnings and losses, and the names of other people there with you as part of the wagering pool. Be sure to keep all tickets, receipts and statements if you're going to claim gambling losses as the IRS may call for evidence in support of your claim.

What About State Withholding Tax on Gambling Winnings?

There are good states for gamblers and bad states for gamblers. If you're going to 'lose the shirt off your back,' you might as well do it in a 'good' gambling state like Nevada, which has no state tax on gambling winnings. The 'bad' states tax your gambling winnings either as a flat percentage of the amount won or by ramping up the percentage owed depending on how much you won.

Each state has different rules. In Maryland, for example, you must report winnings between $500 and $5,000 within 60 days and pay state income taxes within that time frame; you report winnings under $500 on your annual state tax return and winnings over $5,000 are subject to withholding by the casino due to state taxes. Personal tax rates begin at 2 percent and increase to a maximum of 5.75 percent in 2018. In Iowa, there's an automatic 5 percent withholding for state income tax purposes whenever federal taxes are withheld.

State taxes are due in the state you won the income and different rules may apply to players from out of state. The casino should be clued in on the state's withholding laws. Speak to them if you're not clear why the payout is less than you expect.

How to Report Taxes on Casino Winnings

You should receive all of your W2-Gs by January 31 and you'll need these forms to complete your federal and state tax returns. Boxes 1, 4 and 15 are the most important as these show your taxable gambling winnings, federal income taxes withheld and state income taxes withheld, respectively.

You must report the amount specified in Box 1, as well as other gambling income not reported on a W2-G, on the 'other income' line of your IRS Form 1040. This form is being replaced with a simpler form for the 2019 tax season but the reporting requirement remains the same. If your winnings are subject to withholding, you should report the amount in the 'payment' section of your return.

Different rules apply to professional gamblers who gamble full time to earn a livelihood. As a pro gambler, your winnings will be subject to self-employment tax after offsetting gambling losses and after other allowable expenses.

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About the Author

Jayne Thompson earned an LLB in Law and Business Administration from the University of Birmingham and an LLM in International Law from the University of East London. She practiced in various “big law” firms before launching a career as a commercial writer. Her work has appeared on numerous financial blogs including Wealth Soup and Synchrony. Find her at www.whiterosecopywriting.com.

Gambling is an activity undertaken by many Australians. Over 80% of Australian adults engage in gambling of some kind, which is the highest rate of gambling in the world.[1] This number includes some 4% of the adult population who play the pokies once a week, accounting for some 62% of locals’ annual gambling spend.[2]

Total employment in the gambling industry in Australia (thousands of people) since 1984

Gambling is a significant public health issue, with around 80,000 to 160,000 (or 0.5 - 1.0%) of Australian adults experiencing significant problems from gambling and a further 250,000 to 350,000 (or 1.4 - 2.1% of adults) experiencing moderate risks that may make them vulnerable to problem gambling.[3]

  • 2New South Wales

Revenue[edit]

In 2015-16, gambling revenue made up 7.7% of state and territory taxation revenue. The rate was lowest in Western Australia (2.5%) and highest in the Northern Territory (12.0%). Gambling revenue made up 2.5% of total state revenue when other revenue sources were taken into account. The rate was lowest in WA (0.9%) and highest in Victoria (3.2%). Gambling revenue as a portion of state taxation revenue has fallen for all states and territories between 2006–07 and 2015-16.[4]

Total Australian gambling revenue in 2008-09 was just over $19 billion and the share of household consumption was 3.1%[3]

New South Wales[edit]

New South Wales has a long history of gambling; Australia's first official horse racing meeting occurred in 1810 at Hyde Park in Sydney; the first official Australian lottery occurred in 1881 at the Sydney Cup; and registered clubs operated the first legal poker machines in Australia from 1956.[5]

Approximately 95,800 of 'pokies' are in NSW, a state total beaten only by Nevada, which operated 181,109 gambling machines in 2014.[6]

Between 1 December 2017 to 31 May 2018 NSW Clubs made a net profit of $1,945,161,625 and hotels made a net profit of $1,169,040,731 from pokies alone.[7]

Fairfield[edit]

Fairfield had the highest poker machine revenue in the state for 2013, generating $298 million in clubs and $93 million in pubs, from the start of the year to August.[8] This figure is $123 million greater than the combined total of profits generated from poker machines in the City of Sydney.[8]

Hunter Region[edit]

Taxes on casino winnings

From January to March 2013 poker machines in the Hunter region had a turn over of $4.5 billion, showing an increase of $500 million since 2010.[9] Daily figures show a spend of $12.5 million, working out to be $8682 per minute.[9] The Office of Liquor Gaming and Racing found that Newcastle was the Hunter Regions most profitable location with the 3206 poker machines averaging $44,963 each.[9]The top five most profitable clubs for gaming revenue in the Hunter region in 2010 were:[10]

  • 1. Western Suburbs Leagues Club (Wests), New Lambton
  • 2. Wests (formerly Club Phoenix), Mayfield
  • 3. Wallsend RSL & Community Club, Wallsend
  • 4. Belmont 16 Foot Sailing Club, Belmont
  • 5. Cardiff Panthers, Cardiff

The top five most profitable hotels for gaming revenue in the Hunter region in 2010 were.[10]

  • 1. The George Tavern, East Maitland
  • 2. Bay Hotel Motel, Bonnells Bay
  • 3. Hotel Jesmond, Jesmond
  • 4. The Lake Macquarie Tavern, Mount Hutton
  • 5. Warners Bay Hotel, Warners Bay

Central Coast Region[edit]

According to the latest figures from Liquor and Gaming NSW there are 4,046 poker machines in 39 clubs on the Central Coast, and 626 poker machines in 29 hotels; making a total of 4,672 poker machines on the Central Coast. That means 2.37% of the total number of poker machines in Australia are on the NSW Central Coast.[11]

Gosford has approximately 1928 pokies, spread across 37 venues. That is the equivalent of one poker machine for every 71 adults. In 2010-11, venues in Gosford made approximately $95,865,000 in profit from pokies. That equates to $700 for each adult member of Gosford's population.[12]

Wyong has approximately 2608 pokies, spread across 35 venues. That is the equivalent of one poker machine for every 47 adults. In 2010-11, venues in Wyong made approximately $123,159,000 in profit from pokies. That equates to $1,000 for each adult member of Wyong's population.[12]

The Central Coast has a higher prevalence of problem gambling than the NSW average. Young men between the ages of 18-24 living on the Central Coast are the biggest players of poker machines in NSW and are the highest risk group for problem gambling.[13]

In 2008 Central Coast Gambling Help carried out a survey of 200 young people aged from 13-24 and found:

  • 96% of people from 18-24 had gambled for money or possessions
  • 62% of those under 14 years old and 77% of those aged up to 17 had gambled for money or items, including mobile phones and MP3 players
  • 25.5% of 14- to 17-year-olds and 55% of 18- to 24-year-olds had lost more than they had intended
  • and 6% under 18 had played a poker machine[14]

Regulatory authorities[edit]

Since the introduction of new gambling services, including online gambling, the Commonwealth has taken a more active role in the regulation of gambling, but the Australian gambling industry is also regulated by State and Territory authorities:[15]

  • Australian Capital Territory - ACT Gambling and Racing Commission
  • New South Wales - New South Wales Office of Liquor, Gaming and Racing
  • Northern Territory - Licensing Commission
  • Queensland - Office of Liquor and Gaming Regulation
  • South Australia - Independent Gambling Authority
  • Tasmania - Tasmanian Gaming Commission
  • Victoria - Victorian Commission for Gambling and Liquor Regulation
  • Western Australia - Department of Racing, Gaming and Liquor

Key Legislation[edit]

Traditionally gambling has been legislated at a state and territory level rather than by the Commonwealth:[16]

  • Australian Capital Territory
    • Betting (ACTTAB Limited) Act 1964
    • Casino Control Act 2006
    • Gaming Machine Act 2004
    • Interactive Gambling Act 1998
    • Lotteries Act 1964
    • Pool Betting Act 1964
    • Race and Sports Bookmaking Act 2001
    • Racing Act 1999
    • Unlawful Gambling
  • New South Wales
    • Betting Tax Act 2001
    • Casino Control Act 1992
    • Charitable Fundraising Act 1991
    • Gambling (Two-Up) Act 1998
    • Gaming and Liquor Administration Act 2007
    • Gaming Machines Act 2001
    • Gaming Machines Tax Act 2001
    • Liquor Act 2007
    • Lotteries and Art Unions Act 1901
    • Public Lotteries Act 1996
    • Racing Administration Act 1998
    • Registered Clubs Act 1976
    • Totalizator Act 1997
    • Unlawful Gambling Act 1998.
  • Northern Territory
    • Gaming Control Act 2005;
    • Gaming Machine Act 2005;
    • Northern Territory Licensing Commission Act 2001;
    • Racing and Betting Act 2004;
    • Soccer Football Pools Act 2004;
    • Totalisator Licensing and Regulation Act 2004; and
    • Unlawful Betting Act 2004.
  • Queensland
    • Brisbane Casino Agreement Act 1992
    • Breakwater Island Casino Agreement Act 1984
    • Cairns Casino Agreement Act 1993
    • Casino Control Act 1982
    • Charitable and Non-Profit Gaming Act 1999
    • Gaming Machine Act 1991
    • Interactive Gambling (Player Protection) Act 1998
    • Jupiters Casino Agreement Act 1983
    • Keno Act 1996
    • Lotteries Act 1997
    • Wagering Act 1998.
  • South Australia
    • Authorised Betting Operations Act 2000
    • Casino Act 1997
    • Gaming Machines Act 1992
    • Lottery and Gaming Act 1936
    • State Lotteries Act 1966
  • Tasmania
    • Gaming Control Act 1993
    • TT-Line Gaming Act 1993
  • Victoria
    • Casino control Act
    • Casino (Management Agreement) Act 1993
    • Gambling Regulation Act 2003.
  • Western Australia
    • Betting Control Act 1954
    • Bookmakers Betting Levy Act 1954
    • Casino (Burswood Island) Agreement Act 1985
    • Casino Control Act 1984
    • Gaming and Betting (Contracts and Securities) Act 1985
    • Gaming and Wagering Commission Act 1987
    • Gaming and Wagering Commission (Continuing Lotteries Levy) Act 2000
    • Racing and Wagering Western Australia Act 2003
    • Racing and Wagering Western Australia Tax Act 2003
    • Racing Restriction Act 2003
    • Racing Bets Levy Act 2009

Online gambling[edit]

The Interactive Gambling Act (2001) was passed by the Australian Commonwealth Parliament on 28 June 2001.[17] It received assent on 11 July 2001[18]

The Act is targeted at online gambling operators, making it an offense for them to offer ‘real-money’ online interactive gambling to residents of Australia. It also makes it illegal for online gambling operators to advertise ‘real-money’ interactive gambling services (such as online poker and casino) to Australian citizens.[17]That being said, the amount spent on online gaming by Australians reached some $800 million by 2010, according to the official 2010 Productivity Report of the Australian Government.[2]

Accessing and using the interactive gambling services is not an offence. It is also allowed to companies based in Australia to offer their gambling services to gamblers located outside Australia with the exception of those countries that were called 'designated countries'.[19]

Taxation laws on gambling in Australia[edit]

Gamblers' winnings in Australia are not taxed[citation needed]. There are 3 main reasons for that:

  • Gambling is not considered a profession, it's treated as a hobby or recreational activity.
  • The Australian government views gains from gambling activities not as income, but as a result of good luck. Even if someone wins big, they also lose a lot in other gambling sessions.
  • The government taxes gambling operators instead.[20]

Taxation of gambling operators in Australia differs from state to state and different gambling services are taxed in a different way. There are taxes on the turnover, on player loss and net profit. As gambling operators need to obtain a license to offer their services, certain fees must also be paid at this stage of gambling business development.[21]

Casino Tax On Winnings

The use of different tax rates and tax bases makes it difficult to compare taxes across states. For example, the ACT's keno tax rate of 2.53% of turnover is equivalent to a tax rate on gross profits of 10.12%.[22]

Tax rates (2015–16)[23]

EGMs in hotelsEGMs in clubsEGMs in casinosKenoTable games in casinos (and keno in casinos in some instances)
NSW0-50% of quarterly player loss, depending on quarterly player loss0-28.05% of quarterly player loss, depending on quarterly player loss (the rate peaks at 28.05% for $250,000-$450,000, then falls to 18.05% before rising to a maximum of 26.55% above $5 million)16.41-38.91% of gross revenue, depending on gross revenue, plus 2% Responsible Gambling Levy on gross gaming revenue8.91%-14.91% of player loss, depending on player loss16.41-38.91% of gross revenue, depending on gross revenue
Victoria8.33-62.53% of monthly average player loss (per machine), depending on by monthly average player loss, times by the average number of machines0-54.20% of monthly average player loss (per machine), depending on monthly average player loss, times by the average number of machines31.57-51.57% of gross gaming revenue, depending on gross revenue, plus a 1% Community Benefit Levy24.24% of player loss21.25-41.25% of gross revenue, depending on gross revenue, plus 1% Community Benefit Levy
Queensland35% of monthly taxable metered win (amount bet minus payout), plus Health Services Levy of 0-20% of monthly taxable metered win, depending on monthly metered win0-35.00% of monthly taxable metered win, depending on monthly metered win30% of monthly gross revenue (Gold Coast and Brisbane casinos), 20% of gross revenue (Townsville and Cairns casinos)29.40% of monthly gross revenue, excluding casino commissions (Jupiters Casino), 20% of monthly gross revenue (Gold Coast and Brisbane casinos), 10% of gross revenue (Townsville and Cairns casinos)20% of monthly gross revenue (Gold Coast and Brisbane casinos), 10% of gross revenue (Townsville and Cairns casinos)
Western AustraliaN/AN/A12.42% flat rate on gross gaming revenue, plus 2% Burswood Park Levy on gross revenue9.37% of player loss (domestic), 1.75% of player loss (international business)9.37% (domestic), 12.92% (fully automated table games)
South Australia0-65% of annual net gambling revenue, depending on annual net gambling revenueUp to 41% of net gambling revenue41% of net gambling revenue3.41% of net gambling revenue (table games), 10.91% of net gambling revenue (fully automated table games)
Tasmania25.88% of gross profit, plus 4% Community Support Levy25.88% on gross profit5.88% of gross profit0.88% of annual gross profit
Northern Territory12.91-42.91% of monthly gross profits11% of gross profit (Lasseters Casino), 15% of gross profit (Skycity Darwin Casino), plus a 10% Community Benefit Levy10% of gross profit, reduced by the GST amountThe GST rate only
Australian Capital Territory25.9% of gross monthly revenue, plus 0.6% Problem Gambling Assistance Fund Levy10.9% of gross revenue2.53% of turnover

Casino Winnings Tax Reporting

Tax On Casino Winnings Australia
Major forms of gambling taxation by gambling type [21]
Forms of taxationGambling Activity
Turnover taxBookmakers (racing)
Bookmakers (sports betting)
Totalisator wagering on racing
Lottery subscriptions
Draw card machines
Keno
Tax on player lossTotalisator wagering on racing
Sports betting
Poker machines in hotels, clubs, casinos
Casinos
TAB sports betting
Keno
Net profits taxPoker machines
Off-course totalisator investment
Licence FeesCasinos
Poker machines
Lotteries
Racing
Bookmakers
Sports betting
Minor gambling (bingo, raffles)

See also[edit]

References[edit]

  1. ^Bryant, Nick 'Australia in thrall of gambling mania', BBC, 30 January 2007
  2. ^ abAustralian Gambling Habits
  3. ^ abProductivity, Commission. 'Productivity Commission Inquiry Report'. pc.gov.au/. Australian Government. Retrieved 22 January 2015.
  4. ^Fourth social and economic impact study of gambling in Tasmania (2017), Volume 1: Industry trends and impacts(PDF). ACIL Allen Consulting. pp. 57–60. Retrieved 17 January 2018.
  5. ^Australian Institute of Gambling Research. 'Australian Gambling Comparative History and Analysis'(PDF). www.vcgr.vic.gov.au. Victorian Casino and Gaming Authority. Retrieved 29 January 2015.
  6. ^Ziolkowski, S. 'The World Count of Gaming Machines 2013'(PDF). www.gamingta.com. The Gaming Technologies Association. Retrieved 29 January 2015.
  7. ^McNally, Caroline. 'Gambling in Australia'. problemgambling.net.au. Central Coast Gambling Help.
  8. ^ abNeedham, Kristy. 'Punters in west pile money in pokies', 'The Sydney Morning Herald', Australia, 23 March 2014. Retrieved on 10 September 2014.
  9. ^ abcPage, Donna. 'Hunter punters blow $8682 a minute on pokies', 'Newcastle Herald', Australia, 4 October 2013. Retrieved on 9 September 2014.
  10. ^ abPage, Donna.'How the Hunter gambled $4bn', 'Newcastle Herald', Australia, 26 July 2010. Retrieved on 9 September 2014.
  11. ^Office of Liquor and gambin NSW 2018 https://www.liquorandgaming.nsw.gov.au/resources/gaming-machine-data
  12. ^ abMarkham, Francis. 'Who wins big from gambling in Australia'. theconversation.com. The Conversation. Retrieved 29 January 2015.
  13. ^ACNielsen. 'Prevalence of Gambling and Problem Gambling in NSW – A Community Survey 2006'. www.olgr.nsw.gov.au. NSW Office of Liquor, Gaming and Racing. Retrieved 29 January 2015.
  14. ^McNally, Caroline. 'Gambling in Australia'. problemgambling.net.au. Central Coast Gambling Help. Retrieved 29 January 2015.
  15. ^Parliament Library: Gambling Policy and Regulation
  16. ^Australian Gambling Statistics, 1986-87 and 2011-12, 29th Edition, 2004, p. 7.
  17. ^ abInteractive Gambling Act Receives Assent
  18. ^Interactive Gambling Act 2001: Compilation
  19. ^Review of the Interactive Gaming Act 2001
  20. ^Australia’s future tax system - Report to the Treasurer 2009[permanent dead link]
  21. ^ ab'Australian Gaming Council: Gamblng Taxes'(PDF). Archived from the original(PDF) on 22 March 2012. Retrieved 3 November 2011.
  22. ^Joint Select Committee on Future Gaming Markets: Final Report. Parliament of Tasmania. p. 146. Retrieved 11 January 2018.
  23. ^Joint Select Committee on Future Gaming Markets: Final Report. Parliament of Tasmania. pp. Tables 6–10. Retrieved 11 January 2018.
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