Furthermore,
Online poker taxes | another:
The games are made for three poker players. Therefore, who have enriched themselves thanks to the online game. Moreover, After a game that was spread over a decade. In addition, they will have to go to bed before the Canadian tax authorities and pay him several million dollars in unpaid contributions.
Posted at 5:00 a.m.
Martin Fournier-Giguère. Consequently, Philippe d’Auteuil and Antoine Bérubé were recently dismissed throughout the line by the Federal Court of Appeal, who considers that the Court of First Instance, the Canadian Tax Court (CCI), had not wandered by giving the case to the Canada Revenue Agency (ARC).
To better understand the case. However, here is the question at the heart of this confrontation: was money earned online poker the result of a game of chance or corporate income? Furthermore,
When you set up mechanisms as sophisticated as the three players in question in this tax dispute. Furthermore, these are income on which we have to pay taxes, decides the court.
“Obviously. However, nobody disputes that chance plays a role in the result of poker parties, but no one is disputing the role that players of the player play,” concludes the decision of Judge René Leblanc.
In Canada. gains on games of chance are not taxable, mainly because the offer is administered by the State-Loto-Québec, for example. But if a taxpayer plays poker so seriously that he operates a business. he has online poker taxes | another to pay taxes on the income it generates.
Judge Leblanc contrasts.
Millionaire harvest – Online poker taxes | another
It was between 2008 and 2012 that MM. Fournier-Giguère, d’Auteuil and Bérubé enrich themselves online. At least, together, they collected 9.9 million, according to estimates by the Federal Court of Appeal.
Yes, their lifestyle is “extraordinary” at the time, but the court believes that the three men display “serious businessmen” behaviors.
Some examples: they adapt their strategies according to the levels of the game table. the strength of their opponents, use risk management strategies in addition to calling on computer tools allowing them to compile statistics on their opponents.
“This shows the capacity of the appellants to make profits on a constant basis. and this, despite the fact online poker taxes | another that it is impossible to predict the outcome of a poker part,” said the magistrate.
In other words, we are far from Sunday players.
Like the CCI, the Federal Court of Appeal rejects the arguments of the complainants. For example. they argued that they could not be considered as “serious” businessmen, since they play “regularly under the influence of alcohol and drugs”.
Overall, the litigation gains total 6.7 million, according to the amounts updated in the court’s decision.
The three men could play their last cards by asking the Supreme Court of Canada to look into their file. There is no guarantee, however, that the highest court in the country will agree to do so.
The decision of the Federal Court of Appeal is online poker taxes | another still analyzed, according to representatives of the complainants.
Invited to comment on the turn of events. the arc replied, by email, that it “did not comment on the precise details of judicial affairs”.
On a case -by -case basis
The cases of MM. Fournier-Giguère. d’Auteuil and Bérubé demonstrate that the courts can have different interpretations towards games of chance when it comes to taxation.
In another file mediated at the beginning of the decade, the Arc had claimed, without success, 1.2 million from the Quebec poker champion Jonathan Duhamel. who became a world star by winning the main poker series tournament in 2010.
Photo André Pichette. the press archives
Jonathan Duhamel in 2010, in a press meeting, after his victory at the main poker series tournament
He then pocketed US 8.9 million, or about 11.5 million CAN.
In 2022, the CCI had given right to Mr. Duhamel. The difference between the Quebec champion and the other three players? Mr. Duhamel’s niche was very different, where “chance” was a “very important element” in the results.
In addition, the probability of ruin was “much higher” than 50 % on the side of Mr. Duhamel’s activities, observed the CCI. The Canadian taxman had decided not to appeal to the decision.
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