A recent Canadian tax court case confirmed that an online poker player’s winnings were not subject to Canadian income tax. In Radonjic V.The Queen, 2013 FCC 916, Peter Radonjic, a Coquitlam BC resident, paused his career as a lawyer to play online poker on a full time basis.The case centered on whether his online poker activities were a business established for the purpose of making a profit. And there’s no reported case explaining precisely when the net winnings of individual poker players are subject to income tax. In the entire body of reported Canadian case law on the related question of the taxation of gambling winnings more generally, there are only a few cases where individual gamblers have been found to be in the business of gambling. On August 29, 2013, the Federal Court rendered its judgment in Radonjic v.Canada Revenue Agency, 2013 FC 916. It is the latest decision on the (non-)taxation of poker winnings following the Tax Court of Canada decision in Cohen v.The Queen, 2011 TCC 262. Radonjic is a judicial review of the Minister of National Revenue’s discretion to allow or disallow taxpayer-requested adjustments to past The answer depends on whether you are a professional gambler or a recreational gambler. Canadian recreational gamblers do not pay tax on gambling winnings. It matters not if they win a few thousand dollars at a casino blackjack table or win tens of millions of dollars playing the lottery. It’s not subject to taxation. If your winnings are carried out on a casual poker player and casually wins there is no tax consequences. Easy enough to understand. It changes if the winnings are derived from business income. When I called Canada Revenue there was actually no black and white answer. There is no example offered to show how winnings from online poker were taxed. In almost all of them, the reason the gambling winnings taxable in Canada verdict was reached was because those winnings were related to his profession. Here are three examples: Dowling v The Queen (1996): Dowling was a golf pro who often also gambled on his golf games, poker games and sporting events. The good news is that in Canada, your winnings are usually tax-free! Lotteries. Winnings from a Canadian lottery such as Lotto Max or 649 are considered to be windfalls, and windfalls are not subject to tax. Even winnings from a sweepstake or lottery sponsored by a charitable organization are generally tax-free. If you don’t play professionally, the answer is easy: You don’t owe any taxes on your poker winnings. Lottery and gambling windfalls are not taxed in Canada because of the guiding principal that... Poker Winnings Taxable Canada of Dead are subject to change and expire 7 days from activation. 35x wagering requirement before any winnings can be withdrawn. For eligibility see full T&C's below. Winnings from gambling on the other hand are slightly different in that they are also generally non-taxable, but, if considered to be part of a business, become taxable. Hobby vs Business. To determine whether gambling is undertaken as a hobby or as a business, the Supreme Court of Canada has laid out a test in Stewart v. Canada.
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