Professional poker player – hobby, profession or just gambling?
This legal dispute concerns poker winnings that were generated in online and offline poker tournaments between 2008 and 2012. The names of the 3 accusedigt are Philippe D’Auteuil, Antoine Bérubé and Martin Fournier-Giguère. They are accused of not lawfully taxing their winnings as professional poker players. In total it is a total sum of 10 million CAD, of which D'Auteuil was able to win a whopping 5.1 million alone. For Bérubé and Fournier-Giguère, on the other hand, it is “only” CAD 3.2 million and CAD 1.7 million, respectively.
For the tax authority, the situation is clear. The 3 poker professionals would have had to pay tax on their winnings in Canada. This means that 25% income tax would have been due, which the card players would have had to pay. Ultimately, the men made playing poker their profession and stopped studying because of it. As a result, the 3 should now pay their tax debt, while in return a total of another 1.25 million in fines will be added.
Same handling as in India – gambling winnings in Canada are also tax-free
The first hearing took place last September. The players emphasized in court that their activities were in no way a profession; rather, they viewed the card game as a pure hobby. Although they regularly make high profits, this cannot be described as a classic income. Since the pure pleasure of playing poker was considered the motivation, the three men clearly see themselves as being in the right. They also achieved a large share in online tournaments, some of which were lost straight away. As a result, the CRA did not take the loss from further gambling into accountigt, which is why the estimated winning amounts are by no means correct.
While both parties insist on their rights, a fundamental question must first be clarified. On the one hand, the question arises as to whether regular and successful gambling can be equated with a job. On the other hand, poker needs to be examined again to determine whether it is a game of chance at all, or whether strategy, tactics and skill are considered decisive factors.
In any case, the law itself is considered extremely incomplete. While winnings from gambling are considered tax-exempt in Canada, the legal text only mentions winnings from government providers. As a result, it is not defined how the whole thing is handled in general when winning from other providers and online poker . The legal dispute will certainly continue for some time.
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