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Port Conway Lane 02-13-2008 02:31 PM

Tax Question
 
I won $5,000 in a free online contest. Can I write off $1,800 in gambling losses against that? Because the contest was free I thought I couldn't but called h&r block and the guy said I could but it wouldn't be worth it unless I had enough itemized deductions on schedule A blah blah blah. I have nothing to itemize and didn't quite understand what he was trying to tell me. Any tax experts out there ? Thanks

Scav 02-13-2008 02:41 PM

Quote:

Originally Posted by Port Conway Lane
I won $5,000 in a free online contest. Can I write off $1,800 in gambling losses against that? Because the contest was free I thought I couldn't but called h&r block and the guy said I could but it wouldn't be worth it unless I had enough itemized deductions on schedule A blah blah blah. I have nothing to itemize and didn't quite understand what he was trying to tell me. Any tax experts out there ? Thanks

You can write off the $1800 if it is larger then the standard deduction, which I think is $3200 this year. So unless you have an additional $1400, you might be SOL. It also depends on if they kept money for taxes up front, which I am guessing the didn't?

Quick question and I am not saying you can do this or that, but did you win this money from a US based company or off shore?

What I would do is put all your information into Turbo Tax and go through the steps and let it plan it out for you. It is a very good tool.

--Accountant in training

SniperSB23 02-13-2008 02:46 PM

Quote:

Originally Posted by Scav
You can write off the $1800 if it is larger then the standard deduction, which I think is $3200 this year.

What I would do is put all your information into Turbo Tax and go through the steps and let it plan it out for you. It is a very good tool.

--Accountant in training

Really? I was under the impression I couldn't write off losses from gambling from winning a free contest. Of course last year wound up being the year I was actually up on the year so I can't claim losses anyways. Naturally I'll wind up with big losses this year and won't win any contests to write them off against.

Scav 02-13-2008 02:57 PM

Quote:

Originally Posted by SniperSB23
Really? I was under the impression I couldn't write off losses from gambling from winning a free contest. Of course last year wound up being the year I was actually up on the year so I can't claim losses anyways. Naturally I'll wind up with big losses this year and won't win any contests to write them off against.

I kept my tax textbook for this very reason, tax law is really hairy.

I'll re-look at it in a couple minutes, but it is gambling winnings versus gambling losses. How you win shouldn't matter. Give me a couple minutes

SniperSB23 02-13-2008 03:02 PM

Quote:

Originally Posted by Scav
I kept my tax textbook for this very reason, tax law is really hairy.

I'll re-look at it in a couple minutes, but it is gambling winnings versus gambling losses. How you win shouldn't matter. Give me a couple minutes

But does it qualify as gambling winnings if it was a contest free to enter? I think that is the problem with it.

Scav 02-13-2008 03:09 PM

From my textbook,

"The following expenses and losses are deductible on line 27 of Schedule A as Other Miscellaneous Deductions.

-Gambling losses up to the amount of gambling winnings"

Researching the winnings end of it right now....not in the same spot of book

Scav 02-13-2008 03:10 PM

Quote:

Originally Posted by SniperSB23
But does it qualify as gambling winnings if it was a contest free to enter? I think that is the problem with it.

it might be considered a 'prize' which throws things all out of whack...

Scav 02-13-2008 03:16 PM

Prize wording
 
"The fair market value of prizes and awards (other then scholarships) must be included in gross income, therefore, TV giveaway prizes, magazine publishers prizes, door prizes and awards from employers are fully taxable.

It can be excluded from gross income if the prize/award is recieved in recognition of religious/charitable/scientific/educational/artistic/literary, you transfer the prize to a government unit, the recipient was selected without any action on his or her part to enter the contest or proceeding, the recipient is not required to render substantial future services as a condition for recieving the prize or award"

If it is considered a prize, you might be able to argue the bold.

It obviously isn't considered gambling winning, thus they are right about the losses. I just read that ALL those requirements have to met to be considered so the bold is garbage. I'll look into it more

SniperSB23 02-13-2008 03:20 PM

Quote:

Originally Posted by Scav
"The fair market value of prizes and awards (other then scholarships) must be included in gross income, therefore, TV giveaway prizes, magazine publishers prizes, door prizes and awards from employers are fully taxable.

It can be excluded from gross income if the prize/award is recieved in recognition of religious/charitable/scientific/educational/artistic/literary, you transfer the prize to a government unit, the recipient was selected without any action on his or her part to enter the contest or proceeding, the recipient is not required to render substantial future services as a condition for recieving the prize or award"

If it is considered a prize, you might be able to argue the bold.

It obviously isn't considered gambling winning, thus they are right about the losses. I just read that ALL those requirements have to met to be considered so the bold is garbage. I'll look into it more

Wow, that part in bold is interesting. I got a tax form in the mail so was planning on declaring it. I'll have to look into that and see whether there are precedents for not declaring something a prize on that basis. It would seem the majority or contests would fit that definition.

Scav 02-13-2008 03:21 PM

It is considered Miscellaneous Income

http://www.irs.gov/newsroom/article/...175963,00.html

Quote:

Reporting Miscellaneous Income

FS-2007-26, November 2007

While most people are aware they must include wages, salaries, interest, dividends, tips and commissions as income on their tax returns, many don’t realize that they must also report most other income, such as:

cash earned from side jobs,
barter exchanges of goods or services,
awards, prizes, contest winnings and
gambling proceeds.
This fact sheet, the 18th in the Tax Gap series, will help taxpayers better understand miscellaneous income and what they are required to report as taxable on their Form 1040.

The tax gap, or the amount of taxes that go unpaid each year, results from taxpayers underreporting their taxable income. Fortunately most people want to pay their fair share of taxes and many simply need a better understanding of their obligations.

What is Taxable?

Taxpayers must report all income from any source and any country unless it is explicitly exempt under the U.S. tax code. There may be taxable income from certain transactions even if no money changes hands.

Generally, the IRS considers all income received in the form of money, property or services to be taxable income unless the law specifically provides an exemption. This document discusses a few types of reportable income. Information on how to report other types of income can be found in Publication 525, Taxable and Nontaxable Income.

Self-Employment Income

It is a common misconception that if a taxpayer does not receive a Form 1099-MISC or if the income is under $600 per payer, the income is not taxable. There is no minimum amount that a taxpayer may exclude from gross income.

All income earned through the taxpayer’s business, as an independent contractor or from informal side jobs is self-employment income, which is fully taxable and must be reported on Form 1040.

Use Form 1040, Schedule C, Profit or Loss from Business, or Form 1040, Schedule C-EZ, Net Profit from Business (Sole Proprietorship) to report income and expenses. Taxpayers will also need to prepare Form 1040 Schedule SE for self-employment taxes if the net profit exceeds $400 for a year. Do not report this income on Form 1040 Line 21 as Other Income.

Independent contractors must report all income as taxable, even if it is less than $600. Even if the client does not issue a Form 1099-MISC, the income, whatever the amount, is still reportable by the taxpayer.

Fees received for babysitting, housecleaning and lawn cutting are all examples of taxable income, even if each client paid less than $600 for the year. Someone who repairs computers in his or her spare time needs to report all monies earned as self-employment income even if no one person paid more than $600 for repairs.

Bartering

Bartering is an exchange of property or services. The fair market value of goods and services exchanged is fully taxable and must be included on Form 1040 in the income of both parties.

An example of bartering is a plumber doing repair work for a dentist in exchange for dental services. Income from bartering is taxable in the year in which the taxpayer received the goods or services.

Gambling winnings

Gambling winnings are fully taxable and must be reported on Form 1040.

Gambling income includes, among other things, winnings from lotteries, raffles, horse races, poker tournaments and casinos. It includes cash winnings as well as the fair market value of prizes such as cars and trips.

Even if a W-2G is not issued, all gambling winnings must be reported as taxable income regardless of whether any portion is subject to withholding. In addition, taxpayers may be required to pay an estimated tax on the gambling winnings.

Losses may be deducted only if the taxpayer itemizes deductions and only if he or she also has gambling winnings. The losses deducted may not be more than the gambling income reported on the return.

Prizes and awards

Subject to certain exceptions, the cash value of prizes or awards won in a drawing, quiz show program, beauty contest, or other event, must be included on the tax return as taxable income.

Taxpayers must also report the fair market value of merchandise or products won as a prize or award, as taxable income.

For example, both a $500 cash prize and the fair market value of a new range won in a baking contest must be reported as other income on Form 1040, Line 21.

Scav 02-13-2008 03:22 PM

Quote:

Originally Posted by SniperSB23
Wow, that part in bold is interesting. I got a tax form in the mail so was planning on declaring it. I'll have to look into that and see whether there are precedents for not declaring something a prize on that basis. It would seem the majority or contests would fit that definition.

You had to meet ALL those requirements, which is impossible, so you along with Port, are SOL.

Scav 02-13-2008 03:24 PM

Here is the thing though that is so sketchy, less then 2% of people in their respective cities get audited, and lets just say that 5k doesn't get reported, you are probably on the hook for 1k, and that is that, they won't even audit you, they will send you a letter saying "Um you forgot to claim this so you owe us this"

I would say with 100% certainity that people on here are not claiming EVERY ticket they cashed at the racetrack, which according to tax code, you are suppose to do.

Unless you making over 250k, where your chance of getting audited is alot larger....well, you get the point

SniperSB23 02-13-2008 03:26 PM

Quote:

Originally Posted by Scav
You had to meet ALL those requirements, which is impossible, so you along with Port, are SOL.

Yeah, I just read it on another webpage that you have to meet all of them. I figured it sounded too good to be true.

Port Conway Lane 02-13-2008 03:44 PM

Thank you both for the help. I called the irs after I posted and indeed it is considered a prize. Now that the irs has my phone # on caller id I think I'll report the winnings.

Holland Hacker 02-13-2008 05:46 PM

Since you received a 1099 the IRS already has record of you receiving the $, as they also got a copy (or shortly will) get a copy of the 1099. If the money is not reported as income on your return you will be getting a friendly reminder letter from the IRS that you left it off of your return.

Based on the fact that you say that you can not itemize, I think as everyone else has already said you are SOL.

Holland Hacker 02-13-2008 05:53 PM

Quote:

Originally Posted by Scav
--Accountant in training

Don't do it!!

Just curious why do you want to be an accountant? I often regret the decision. But then at other times I actually enjoy what I do.

cal828 02-13-2008 06:00 PM

Quote:

Originally Posted by Scav
Here is the thing though that is so sketchy, less then 2% of people in their respective cities get audited, and lets just say that 5k doesn't get reported, you are probably on the hook for 1k, and that is that, they won't even audit you, they will send you a letter saying "Um you forgot to claim this so you owe us this"

I would say with 100% certainity that people on here are not claiming EVERY ticket they cashed at the racetrack, which according to tax code, you are suppose to do.

Unless you making over 250k, where your chance of getting audited is alot larger....well, you get the point

Just curious. Do betting services like youbet and others report your total winnings on a 1099 to the IRS or do they just report single winnings over $600?

Bigsmc 02-13-2008 06:20 PM

Quote:

Originally Posted by cal828
Just curious. Do betting services like youbet and others report your total winnings on a 1099 to the IRS or do they just report single winnings over $600?

Only the W2G's

Danzig 02-13-2008 07:16 PM

saw turbo tax mentioned above....i highly recommend. i did my taxes last monday evening and already got state back, and will have (if it isn't there already) federal any day now....direct deposit baby.
it takes longer the first time you do it...but every year after that, it retrieves all your info, so no re-entering stuff.

i don't make a red cent, so sorry if it sounds like a commercial...but seriously, give it a try.

Port Conway Lane 03-18-2008 04:10 PM

Just to update and for those of you who may be as ignorant as I was of the tax laws I was assessed an interest penalty from the state of Maryland for $81 because I did not report the contest winnings. I was required to report those winnings when I received the check and pay the state an estimated tax. This could apply to gambling winnings as well.
Freakin thieves.

Holland Hacker 03-18-2008 06:17 PM

Quote:

Originally Posted by Port Conway Lane
Just to update and for those of you who may be as ignorant as I was of the tax laws I was assessed an interest penalty from the state of Maryland for $81 because I did not report the contest winnings. I was required to report those winnings when I received the check and pay the state an estimated tax. This could apply to gambling winnings as well.
Freakin thieves.

Generally speaking estimated taxes are due on taxes and should be equal to 100% (or 150% for High AGI taxpayers) of prior year tax or 90% of your current year tax liability. Assuming you had other income in Maryland in last year and had at least an amount equal to or greater than last years tax paid in through withholodings you shouldn't owe the underpayment penalty. If you didn't file in Maryland in a prior year I'm not sure if you can rely on the prior year safe harbor. You can check the requirments found in the instructions.

Out of curiosity do you live in Maryland? I'm trying to figure out why Maryland is entitled to any tax. What if anything did the terms & conditions of the contest say with respect to taxes?

Port Conway Lane 03-18-2008 07:14 PM

Any income I earn is taxed by Maryland. They ask for my agi on my federal form and because the contest winnings are part of the agi Maryland wants their cut AND wants it (estimated tax on the winnings)within one quarter after I cash the check. I failed to do so and now they hit me with the interest penalty.
Unfortunately my employer took out the bare minimum in witholding so it was not enough to cover the $5,000.

While I'm typing if anyone is interested in a slew of Blood Horse and racing forms from the early to mid 80's I'm moving and trashing them within two weeks. PM me if interested, I live in Laurel 4 miles south of the track.

Holland Hacker 03-19-2008 06:32 AM

Here is a blurb from Marylands webite for estianted taxes on gambling winnings:

Gambling Winnings
If you receive winnings from Maryland lottery games, racetrack betting or gambling, you must pay income tax on the prize money. This would apply if you were either a resident of Maryland or a nonresident.

If your winnings total more than $5,000, Maryland income taxes will automatically be withheld from your newfound income.

If your prize money totals between $500 and $5,000, you must file Maryland Form 502D and pay the tax on that income within 60 days from the time you receive the prize money.

You should calculate the amount of tax due following the instructions included with Form 502D. You can claim a credit for taxes paid with Form 502D when you file your annual income tax return.

If you win less than $500, you don't have to file Form 502D, but you still must report the winnings and pay tax on it when you file your annual state income tax return.

If you fail to pay the required estimated taxes due or report income, you could be subject to penalty and interest charges.

It appears as though you are correct that you owe the underpayment penalty. I did not see the typical safe harbor provisions based on prior years that most other states have in Maryland, and I thought I had it rough in Nj wih taxes.

Riot 03-20-2008 02:52 AM

Quote:

If your prize money totals between $500 and $5,000, you must file Maryland Form 502D and pay the tax on that income within 60 days from the time you receive the prize money.
Wow - seems a sneaky way for the state to accumulate some P & I income. Who would think this would be something that couldn't fairly wait for the annual visit with one's CPA?

Holland Hacker 03-20-2008 06:05 AM

Quote:

Originally Posted by Mumtaz
Wow - seems a sneaky way for the state to accumulate some P & I income. Who would think this would be something that couldn't fairly wait for the annual visit with one's CPA?

Not only do you have to make an estimated tax payment you have to do so within 60 days of collecting the winnings. Seems a tad bit harsh to me.

Bigsmc 03-20-2008 04:24 PM

Thankfully I live in FL and don't have to deal with this crap....

herkhorse 03-20-2008 08:30 PM

Wow, that sucks!

Since we're talking taxes here, I have a question. I was at Oaklawn last month and hit a pic 4 for 2279, and the state of Arkansas took 160.00 out on the spot. I live in NY, anyone know if I can get that money back?

Scav 03-20-2008 08:39 PM

Quote:

Originally Posted by herkhorse
Wow, that sucks!

Since we're talking taxes here, I have a question. I was at Oaklawn last month and hit a pic 4 for 2279, and the state of Arkansas took 160.00 out on the spot. I live in NY, anyone know if I can get that money back?

getting back state withdrawal is usually pretty hard, when I hit my large ticket here, Illinois took like 800, and I got zlitch back....

turf fan 03-20-2008 09:49 PM

You must file a return with the state of Arkansas. I have done this both with AK and KY and received the full amount back.

Port Conway Lane 03-21-2008 05:15 AM

Quote:

Originally Posted by Holland Hacker
Here is a blurb from Marylands webite for estianted taxes on gambling winnings:

Gambling Winnings
If you receive winnings from Maryland lottery games, racetrack betting or gambling, you must pay income tax on the prize money. This would apply if you were either a resident of Maryland or a nonresident.

If your winnings total more than $5,000, Maryland income taxes will automatically be withheld from your newfound income.

This could be complex and I wonder how this works with ADW's. Let's say someone lives in California and wagers on the Preakness through Twinspires and cashes a signer for 2k.The feds get a 1099 and the guy reports all of his gambling income proving he lost more than 2k during the year clearing him of any tax liability.

1) He is required to report the $2,000 to Maryland.
2) Does Twinspires send Maryland a 1099?
3) I live in Prince Georges County in which I am taxed 55% of my state tax. Does this guy pay less on that gambling income than I do?
4)He was able to negate The $2,000 with the feds. Does he have to prove he lost $2,000 on Maryland racing during the year to avoid being taxed by Maryland?

In theory everyone is required to report gambling income whether or not it is reported to the IRS. The ADW's have every wager made by an individual which makes me wonder: If a person wins $1,000 on Kentucky and Florida racing during the course of the year they could be taxed on that income, assuming the laws in those states are the same as Maryland,despite the fact that their total gambling income on all tracks could show a loss.

I'm unsure if the above is a fact but that's the way I read it according to the blurb posted by H.H.


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