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  • said:

    C'mon enough of this 'his' and 'he' innuendo . . . . :lol: :lol:

    I reckon!
  • RodentRodent    7,446 posts
    My wife is the breadwinner in my family. I don't know about the bloke who wins the 100k. I'm a house husband who likes a bet. My wife knows that I work hard and doesn't begrudge me my hobby.
  • any wife would be insane to hold a grudge against their husband whose hobby nets the household 100+k a year... TAX FREE :D
  • thetaxmanthetaxman    11 posts
    said:

    My wife is the breadwinner in my family. I don't know about the bloke who wins the 100k. I'm a house husband who likes a bet. My wife knows that I work hard and doesn't begrudge me my hobby.

    the tax man is always watching............. :?
  • mullyupmullyup    11 posts
    I believe the connections of Canali had $100k on it at $33 - that's a big bet 8)
  • where would you get set for that?
  • thefalconthefalcon    20,471 posts
    I think you're mullyuped, mullyup... :wink:
    As Piston said, you'd never get set for that amount...anywhere!!
    Even 10k would be a stretch at 33's.
    It would never have paid what it did on the tote and I doubt if any agency would put up 33's..with the trainers reputation of being very astute.
  • they might have won $100k - sounds more likely anyway
  • mullyupmullyup    11 posts
    I'm advised they put the money on in the eastern states. I did note the trainer mention they "got a good quid". Anyway, that's what I was told - third party. Good thing was I got told it on Friday D
  • thefalconthefalcon    20,471 posts
    Correct Della, they could have won 100k.
    Our big bookie would have been involved somewhere down the line with 100 at 33's.
    Nah...never happen. You say, bellyup, that you got told on Friday...NFW.
  • TheDivaTheDiva    13,248 posts
    there was plenty of money for it, i'll vouch for that.
    No way in the world was there $100k on it. Was still $16 as they jumped.
    Most bookies in the ring would have laid it and there was plenty of laying off from the corporates aswell.
  • mattmatt    72 posts
    I got told track side Saturday $2000 on at 26's, from a good source
  • TheFunksterTheFunkster    3,840 posts
    said:

    said:

    My wife is the breadwinner in my family. I don't know about the bloke who wins the 100k. I'm a house husband who likes a bet. My wife knows that I work hard and doesn't begrudge me my hobby.

    the tax man is always watching............. :?
    Lot of effort for a psedonym PB :lol:
  • SemipropunterSemipropunter    438 posts
    Punters are taxed every time they have a bet- win or lose. Remember the sportingbet "no comissions on winnings" ad where Sullo talks like a bloody pom? if you are going to tax winnings then you must allow losing punters to claim losses as a deduction. That will never happen, especially here in NSW where the government is addicted to pokies revenue.
  • WyongiWyongi    152 posts
    Semi Pro

    You are confusing state taxes ( on all betting ) and federal tax. Regardless of whether a person or any business pays state taxes does not exempt them from paying federal income tax.If you run a business, say a real estate agency, and pay a state based registration tax that does not exempt you for paying federal income tax on your profit. Your analogy that"punters are taxed everytime they have a bet-win or lose" is irrelevant as the federal govt will tax anyone on their profit if they are deemed to be running a business, conveniently, they consider losing punters as not running a business, but if they can get their hands on a winning punter who they consider who is running a business ....watch out. Whether a state government 'is addicted to pokie revenue' has no relevance to whether a punter would be taxed on punting winnings as income tax is a federal tax not a state tax .
  • RodentRodent    7,446 posts
    Wyongi is right. It's really all about whether or not you are in the "business" of punting. I can assure all and sundry that there is nothing business like about my punting. I study the form and back what I like. My bets are off the top of my head, gut feelings etc.
    I have seen true professional punters in action and they leave no stone unturned. They have staff and everything about their operations is business like. Even some of these blokes have escaped the tax man :shock:
  • whether the bets are on gut feelings probably doesnt matter

    if you pay for things like video replays, form guides, foxtel IQ etc

    keep detailed records on winnings/losings and do a regular number of hours devoted to the endeavour could be an indication

    that indicates a business level

    as someone already said tho - the taxman would have to have a very good case because then others will come in with losses
  • DarkDark    909 posts
    Wont happen, will open up too many "cans of worms", you could then start to claim losses, tax deductions to run the business etc...
  • RodentRodent    7,446 posts
    said:

    whether the bets are on gut feelings probably doesnt matter

    if you pay for things like video replays, form guides, foxtel IQ etc

    keep detailed records on winnings/losings and do a regular number of hours devoted to the endeavour could be an indication

    that indicates a business level

    as someone already said tho - the taxman would have to have a very good case because then others will come in with losses

    Foxtel IQ is a bad example I think. I have the platinum package and racing makes up a very small % of what's recorded.
    I devote a regular number of hours to golf and keep detailed records of my scores. A lot of amateurs do that. We do it to try to improve our game.
    I've always spent money on form guides etc and I guess there are many recreational punters who do.
    At the end of the day if it comes to the crunch, everything gets considered in court and it is up to a judge to decide what constitutes business like activity.

    This is from a ruling I found on the ATO's website. I think my own punting is very very similar.

    4. In Babka, the Federal Court (Hill J) again proceeded on the assumption that mere punting may constitute a business but, as in Evans, found it unnecessary to reach a final conclusion on the matter because, even if betting activities are inherently capable in some circumstances of constituting a business, the facts of the case did not reveal the taxpayer to be carrying on any business at all. His winnings were therefore not assessable. The taxpayer did not follow any betting system but he did place bets in accordance with several guiding principles. Judgment and instinct both played a part in the taxpayer's selection of horses on which to bet as well as in his choice of the amount and type of bet placed. That was sufficient to negate the concept of system and organisation which is the hallmark of a business. The taxpayer's activities "could [not] be said to exceed those of a keen follower of the turf". Hill J indicated that today mere punting, particularly with the growth of modern technology such as computers, could be so organised, systematic and businesslike and so dedicated to profit-making as to constitute a business. However, his Honour went on to say that the intrusion of chance into the activity as a predominant ingredient at least in the outcome of the race itself suggests that it will be a rare case where a court will conclude that the activity is a business.
  • Interesting

    I wonder if any stock market players could use that to avoid tax

    Im sure a lot of market players use Judgement and Instinct where placing share orders
  • RodentRodent    7,446 posts
    said:

    Interesting

    I wonder if any stock market players could use that to avoid tax

    Im sure a lot of market players use Judgement and Instinct where placing share orders

    They are assessed under different rules. They are investments and losses are tax deductible.
  • I realise that - was talking about challenging the rules

    the issue would be trying to prove that share price movement involved "the intrusion of chance"

    wondering about Poker Professionals - surely the ATO would have a few cases on that by now
  • RodentRodent    7,446 posts
    said:

    I realise that - was talking about challenging the rules

    the issue would be trying to prove that share price movement involved "the intrusion of chance"

    wondering about Poker Professionals - surely the ATO would have a few cases on that by now

    Over time, the average punter loses and the average shareholder wins. Shares will always be assessable for income tax just as property investment etc. Gambling is excluded because it is seen as a pastime where almost everyone loses.
    Hardly anyone pays income tax on gambling. I believe a member of this forum set up a punting business and paid income tax. He of course received the tax benefits from running such a business.
    Poker I think would be considered a game of skill and probably more taxable than punting. I don't know much about it but I'm sure people who play for prizemoney would certainly be taxable.
  • WyongiWyongi    152 posts
    edited January 2011
    Rodent

    In Peter Babka's case back all those years ago ,there is no doubt Peter 'pulled the wool' over the judges' eyes. Peter was able to convince the judges that he was haphazard and bet randomly . I can assure you he was anything but. I bet beside Peter and he was well organised and was hardly haphazard as he made out. Sadly he passed on many years ago.
    If you are interested have a look at Board of Review Case K25 on 31 May 1978. TB ( the taxpayer) was a good mate of Peter Babka and had exactly the same modus operandi but did not escape the taxman and was taxed on his winnings. Different judges different decisions..the luck of the draw
  • thetaxmanthetaxman    11 posts
    said:

    Wont happen, will open up too many "cans of worms", you could then start to claim losses, tax deductions to run the business etc...

    the taxman is very greedy however and wants his share!
  • RodentRodent    7,446 posts
    I hear you Wyongi. I know how you blokes used to operate back in the day. The thing is, if I approached racing like you blokes it would take the fun out of it. If I was unfortunate enough to be in court I wouldn't need to pull the wool over anyone's eyes. I bet on hunches. It's all so subjective. You really have to guess how you think a horse will perform on the day. The better you are at predicting, the better you will go on the punt.
    If you use numbers and computers to calculate an edge, that's a different beast. I've never been into that and it's probably why I'm not rich like the blokes who were/are.
    I enjoy the pursuit of those elusive winners and if I had a mechanical system it would suck the fun out of the sport I love the most.
  • Poker is a lot harder to win at than races let me tell you - a lot more people who are good at poker
  • WyongiWyongi    152 posts
    Rodent

    Way back in the 'old days' nobody had a computer, not on course anyhow, whereas today everyone has access to a computer..that changes the picture quite a bit.
    Betfair might drag a few punters into the taxman's clutches. A lot of punters 'trade' on Betfair where they are both backing and laying the same horse in the same race. In my humble opinion that modus operandi would definitely attract the taxman's attention especially if that punter is a long term winner. The ATO would only need to convince a few judges in a case against a punter that a trading punter was running a business somewhat similar to any bookmaker. That would open a pandora's box of potential tax targets. Any tax audit would be a simple exercise as Betfair would have all the transactional history.
  • RodentRodent    7,446 posts
    I agree Wyongi. Was the premium charge brought in to catch the traders?
  • careycarey    6,424 posts
    said:


    Poker I think would be considered a game of skill and probably more taxable than punting. I don't know much about it but I'm sure people who play for prizemoney would certainly be taxable.


    the late aw told me that hasham got his winnings tax free from winning the world championship.
    dunno how he knew but he was adamant.
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