GOing in the casino is popular: a few round roulette or blackjack in the casino, a few free spins at slot machines in the online casino or one or other poker tournament in one of the big poker networks - almost 70% of all Australians have already used money in gaming . But what happens when a greater amount is won? Then Taxes on the profits in the casino be paid?
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When are gambling gains tax-free?
The answer to the question of whether gambling games are taxable, seems easy to be easy at first glance: As a rule, gambling gains are tax-free. The legal framework forms the income tax law (EStG), the tax code (AO) and various highly clear decisions. The decisive points for the assessment of tax exemption are that it is actually to gambling and only occasional profits.
So, who succumbed together with friends at the weekend into the casino, from time to time participating in poker tournaments or occasionally playing at slot machines, can retain its profit without deduction of taxes - no matter how high this fails. At high profits, however, experts advise them to provide them in the next tax return to avoid questions about the origin of money on the account.
Gambling - chance is crucial
Not all games commonly referred to as gambling are actually classified as such. Only if the score results In the random principle alone Just like the lotto games, roulette or slot machines, it is genuine and thus tax-free gambling. As soon as the game can be influenced by a performance or that of the players can affect tax liability on profits.
Consequently, for example, winners had to be in Game Shows like "Beat the Raab" pay a significant part of their profit to the tax office because the profit was largely based on their own performance. The same applies to successful schools in formats like "Australia seeks the superstar" or the "Jungle Camp".
Poker games, however, is considered a gambling. However, the profits are only tax-free, as long as it is played back and forth and no long-term profit intention, for example by multiple participation in tournaments.
Some tax offices agreed that the poker would also arrive at the can players, so that a tax liability occurred. However, the Federal Finance Court denied this for the occasional participation in poker tournaments.
There must be no long-term alignment intention
If a player, however, his money full-time With games like poker or blackjack earns and otherwise no other significant income has, must be on the profits Income tax be paid.
From a professional player from North Rhine-Westphalia, sales tax was even required by the Treasury. However, the Federal Finance Court rejected. Something else is for the organizers of gambling: these must pay taxes very well. This refers to income tax and sales tax.
Games of gambling are tax-free if:
- the games randomly random
- Profits do not depend mainly on the performance of the player,
- The player does not live alone from gambling gambling.
Special case sports betting
With the Gambling State Treaty of 2012, basics for the taxation of online sports betting were also created. It was determined that a tax of 5% of the use is payable at all issued bets. Sports betting providers licensed in Australia must therefore pay 5% sports betting tax for all betting assignments.
As a rule, you reserve the 5% competition tax from the profits of your customers. Caution is required if it is a betting provider which will be domiciled abroad and organize your online offering on the Australian market. Here, for the players is not always clear to whether the betting tax is actually removed from the Australian Treasury.
That must be doubted quite. However, no cases are known in which the tax offices of competitions would have demanded the betting tax.
Gambling in online casinos based abroad
Anyone who participates in gambling offered by providers based abroad does not always come around taxes. For example, if you get yourself on vacation a lottery ticket in Spain, your winnings must pay 20% tax to the Spanish tax office.
However, the tax can be charged as so-called withholding tax with the income tax paid in this country if there is a so-called double taxation agreement with the country concerned.
Sago caused a game of winning a player from Berlin, who had won 90 million euros at Eurojackpot at Lottoland. The 90 million were now completely paid out to the winner according to the Lottoland competing in Gibraltar betting operator. Income tax did not notice because gambling in Gibraltar is not taxed.
However, the case revealed several not always very clear legal issues. First of all, it was not a profit at EuroJackpot. Only a bet was completed on the profit numbers at the EuroJackpot lottery. Lottoland guarantees the profits and secures itself via insurance.
According to the authorities in this country, it was illegal gambling, because the provider has no license in Australia. The same view will be represented with regard to participation in online casinos, even if they are based in the EU. However, this is not the case.
The problem is the unclear legal situation in Australia
The Gambling State Treaty of 2012 provides that only in Australia licensed providers in this country give gambling legally. This view and thus the corresponding passage in the Gambling State Treaty was discarded by the European Court of Justice, because it Against the freedom to provide services in the EU is infringed.
The Gambling State Treaty has not been changed so far, so that Australian players in online casinos with a license from a member state of the EU in line with the Australian law in a legal gray zone.
However, direct criminal liability was negotiated in a case negotiated in front of the district court Munich I, in which a painting champion had won 190,000 euros in the Black Jack. There is no Australian law in such a case.