Last week, PokerCollectif spoke you of the intention of the authorities to tax revenues related to poker in France.According to some agents of the tax, if you do all your profits by playing cards, this activity must be imposed and you must do as all other workers and put a % of your earnings to the tax authorities.
We noted the new given that in France, the jurisprudence indicates that poker is a game of chance and games of chance are not taxed, which seemed so nonsense as new. If poker is a game of chance and gambling-related earnings are not taxed, why poker winnings should be taxed?
We finished the article asking us if it was a bluff or a future reality should sadly accept.
Today, we have further details on this issue.
June 07, 2011, m.p. Aurélie Filippetti made a new proposal. This is an amendment to the finance rectification law designed to amend section 92 of the general tax Code.
The amendment clarifies that: "2. article 92 of the general tax code is supplemented by an 8 ° as follows:
«8 ° gains made on the occasion of the usual participation in games of chance.» ".»
How to explain this decision?
"The question of the taxation of gains from professional poker players is recurrent and has currently not been truly determined.
Indeed, gambling winnings are not taxable in France. However, even if the amounts are variable, since gains are regular, the IRS could be reason to consider that these gains are taxable as it is more random, i.e. when the risk usually inherent in gambling may be removed or any less strongly attenuated by the punter.
It is therefore proposed, by this amendment to tax gains of professional poker players".
On one side, we are told that poker is a game of chance, but on the other hand, we are told almost directly that some players make regular profits with this game and that for them, this game is more one of chance, but skills. The speech is in our opinion rather hypocritical.
In other words, if earnings are regular, the IRS could be led to consider that these gains are taxable because there would be more chance. Amendment n ° 1267 proposes to tax the gains of the professional poker players.
If it really is the case, what will be the consequences of this new on other countries? The Canada for example could take example on his French cousins and decide to impose what he also considered a game of chance?
To be a poker player winning in France, it must be a very important advantage over his opponents to pay off the "rake" (the fee) and surtax imposed by the ARJEL. If in addition the player must remit $ 40 for every $ 100 in profits, it could well be tempted to migrate to illegal sites.
Case to follow...
Discuss this news on PokerCollectif forums: details on the tax of the poker players in France
