$20 Billion Deficit a Possibility

After the three budget battles during the past 18 months, are Californians ready for the fourth installment of the state budget crunch next Spring? Like it or not, it’s coming.

This report notes that a $20 Billion is possible for next year. Democrats are already saying that nothing else can be cut; Republicans vow no new taxes.

The past few budgets have been balanced with smoke and mirrors. While there were some real spending cuts in the last budget, there were also the usual budgetary shenanigans. Several one-time moves (such as the increase in state withholding that began on November first) can’t be repeated. Or maybe they can; perhaps Democrats in Sacramento will propose that during 2010 we prepay our 2011 California income tax?

As long as we have state agencies trying to implement ridiculous regulations (such as the proposed regulations on LCD televisions), I’m certain there’s waste in Sacramento.

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Senator Reid Looking at Increasing Social Security, Medicare Taxes for the Wealthy

Senator Harry Reid (D-NV) is looking at increasing the Social Security and Medicare taxes for the wealthy per published reports from last week. Since President Obama has said he won’t increase taxes on those making less than $250,000, this would create the “doughnut” hole for the wealthy and the self-employed.

Consider, though, how stifling such taxes are on economic development. Small businesses are the driver of the economy. Studies show that over 80% of new jobs come from small businesses. Why would a small business expand when the government will just take more money?

The stated reason for the tax would be for health care. Frankly, the current Administration and the current Congressional leadership has little clue about economic development. The best result for the current health care legislation is the circular file. That said, I expect something to pass just so that the Administration can say they passed something.

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The Jock Tax Hits Poker Players

Back in 1991, the Chicago Bulls beat the Los Angeles Lakers in the NBA Finals. The Franchise Tax Board (California’s income tax agency) didn’t like the idea that the Bulls took the money and ran, so they implemented the first Jock Tax. This tax impacts non-resident entertainers and athletes. Illinois didn’t like the idea of California getting money without getting some of its own, so they retaliated with a Jock Tax of its own. Today, most states which have an income tax have a Jock Tax.

So where does poker fit in? Poker players who win $5,000 or more receive a W-2G. Suppose a resident of say, Ohio, goes to Iowa and wins $50,000 in a poker tournament? The lucky winner will receive his cash, and a W-2G noting his winnings. The IRS will get a copy of the record, the winner will include the winnings on his Ohio (and city, if applicable) income tax returns, and all will be well. Right?

Well, the IRS has data-sharing agreements with every state but Nevada. So the Iowa Department of Revenue will also get a copy of the lucky winner’s W-2G information. One, two, or three years down the road the lucky winner will get a notice from the Iowa Department of Revenue noting his requirement to file an Iowa tax return. With penalties and interest, of course!

Is Iowa correct about the need to file the return? Under current law, yes. The income was sourced from Iowa and, according to the Supreme Court, Iowa has a right to tax it. But I’m a resident of Ohio and this is double taxation, you think. Well, it isn’t fair but you can avoid double taxation. All states (with a state income tax) have a credit available for when you pay income tax to another state on income also taxed by your home state. In that way, you pay the higher of the two states’ income tax rates. (Note: Sometimes the credit is taken on the other state’s tax return.)

I’ve recently received a couple of inquiries from poker players hit by the Jock Tax. In both cases, the individuals received the notices years after the win. The Tax Foundation has an excellent study on this issue. Until the Jock Tax goes the way of the dinosaur, poker players who win a tournament outside of their home state may have to pay additional state income taxes.

Posted in Gambling | 2 Comments

Comment Policy

Since the move to WordPress, the number of comments submitted has ballooned. However, almost all of these comments have been spam.

All comments are moderated. If you submit a spam comment, you won’t be able to comment.

The only comments that will be posted are comments that add to the discussion. This includes other ideas that are on-topic, disagreements (with valid reasoning), etc. Comments that say, “I like this site” and then give a link to sellspamstuff.com will be spammed.

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The Other Winners at the World Series of Poker, Part 2

There’s another part to the story of this year’s World Series of Poker main event winner: backing. And it has one tax agency smiling even more, while another will miss out on 50% of an unexpected bounty.

This year’s main event winner, Joseph Cada, was backed when he entered the main event of the World Series of Poker according to this news story in the Detroit News.

Backing is fairly common in large buy-in poker tournaments. Playing poker professionally, especially tournaments, involves a lot of what poker players call variance. No matter how good a player you are, sometimes luck is not with you. Your aces may lose to kings, as will happen about one in seven times. Most poker players do not have enough money in their bankrolls to handle the variance, so they seek investors who have large bankrolls to help finance their entries. In return, the investors demand a percentage of the player’s winnings.

Mr. Cada was backed by a pair of investors from New York, Eric Haber and Cliff Josephy. The pair will receive 50% of the winnings of Mr. Cada. That’s good news for the New York Department of Taxation and Finance which will receive an extra windfall of $383,335. It’s bad news for the Michigan Department of Treasury which loses $185,898.

Here are the adjusted numbers for the various tax agencies:

Amount won at Final Table $27,220,989
Tax to IRS $8,150,527
Tax to French Tax Agency $1,391,868
Tax to NY Dept of Taxation $743,492
Tax to MD Comptroller $319,637
Tax to MI Dept of Treasury $185,898
Total Taxes $10,791,421

That’s a total tax bite of 39.64%.

Here’s a second table with the winners sorted by their estimated take-home winnings:

Winner Before-Tax Prize After-Tax Prize
2. Darvin Moon $5,182,198 $3,067,595
1. Joseph Cada $4,273,521 $2,500,660
1A. Mr. Cada’s Backers $4,273,521 $2,292,210
3. Antoine Saout $3,479,670 $2,087,802
4. Eric Buchman $2,502,890 $1,332,123
5. Jeff Shulman $1,953,452 $1,281,757
9. James Akenhead $1,263,602 $1,263,602
7. Phil Ivey $1,404,014 $879,018
6. Steven Begleiter $1,587,160 $878,921
8. Kevin Schaffel $1,300,231 $845,150
Totals $27,220,259 $16,428,838

The New York Department of Taxation and Finance should send a thank you card to Mr. Cada. After all, he could have chosen backers from a state like Nevada (which has no income tax). Instead, because of Mr. Cada’s good fortune and his choice of backers, New York ends up with an extra $383,335. I’m sure the politicians will spend that money in two seconds or so….

Posted in Gambling | Tagged | 1 Comment

The Other Winners at the World Series of Poker

Nine individuals came to Las Vegas this past weekend to compete for the championship of the World Series of Poker. Who would be the lucky winner? And who really got to keep the money?

This year’s World Series of Poker concluded early this morning at the Rio Hotel and Casino in Las Vegas. The winner of the main event won $8,547,042 but would he actually end up with all that money?

A Michigander, Joseph Cada of Shelby Township, is this year’s champion. Mr. Cada is the youngest main event champion ever. Congratulations to him on his victory and his $8,547,042.

Let’s see how much of the prize Mr. Cada will actually keep. Mr. Cada is a professional gambler so he’ll have to pay self-employment tax. Michigan has a flat income tax of 4.3%. Michigan also has a business tax. However, given that Mr. Cada earned this income outside of Michigan it is unlikely that he will owe the Michigan business tax on this income. The business tax has both gross receipts (0.8%) and net income (4.95%) components, along with a surcharge of 21.99% of the business tax. This would effectively increase his Michigan tax rate from 4.3% to 11.31%. Again, I do not believe Mr. Cada will owe that tax and I am not including it in my estimate. Overall, I estimate Mr. Cada will owe $371,796 to the Michigan Department of Treasury. He’ll also owe about $3,184,940 to the IRS. His actual take-home winnings are $4,990,806—almost 42% of his winnings went to taxes.

Darvin Moon from Oakland, Maryland finished in second place. Amazingly enough, this was Mr. Moon’s first poker tournament. When he traveled to Las Vegas in July to participate in the first stage of the World Series it was the first time he had ever flown on a jet plane. Mr. Moon is part owner of a logging company and is an amateur gambler and won $5,182,190. I estimate that he will owe $1,794,966 to the IRS and $319,637 to the Maryland Comptroller of the Treasury. That’s an overall tax bite of just under 41%.

Antoine Saout of Saint Martin des Champs, France, finished in third place. The United States and France have a tax treaty; under this treaty the IRS will not get any of Mr. Saout’s winnings. France does tax gambling income and does tax the worldwide income of its citizens. The French income tax, like that in the United States, has progressive rates; Mr. Saout will owe 40% of his income in taxes. That works out to $1,391,868 of his $3,479,670 prize.

Eric Buchman of Hewlett, New York finished fourth. Mr. Buchman is a professional poker player, so he must pay self-employment tax as well as income tax. Of the $2,502,890 he won he’ll likely have to pay $949,618 to the IRS and $221,149 to the New York Department of Taxation and Finance. It’s likely I’m underestimating his New York Tax; because his income is over $500,000 Mr. Buchman will lose half of his itemized deductions. Mr. Buchman will lose at least 46.78% of his winnings to taxes. Mr. Buchman is the winner who will lose the most (by percentage) to tax.

Jeff Shulman, the publisher of CardPlayer Magazine, finished fifth for $1,953,452. Mr. Shulman is a resident of Las Vegas so he won’t owe any state income tax. He also is an amateur gambler, so he won’t owe self-employment tax. I estimate he’ll owe $671,695 to the IRS.

Sixth place went to another New Yorker, Steven Begleiter of Chappaqua. Mr. Begleiter, who use to work for Bear Stearns, won $1,587,160 for his efforts. Mr. Beglieter is an amateur, so he won’t have to pay self-employment tax. Still, he’ll likely owe $569,231 to the IRS and $139,008 to New York. That’s a 44.62% tax rate. The New York Department of Taxation and Finance is especially pleased with the performance of New Yorkers in the WSOP this year.

Finishing in seventh place was perhaps the most well known of the November Nine, Phil Ivey of Las Vegas. Mr. Ivey is a professional gambler, and is widely considered the best player in the world. However, even the best player doesn’t win every tournament he enters and Mr. Ivey must make do with $1,404,014 for finishing seventh. Of this prize money I estimate he’ll have to fork over $524,996 to the IRS.

The eighth place finisher was Kevin Schaffel of Coral Springs, Florida. Mr. Schaffel is a retired business owner. As a Floridian, he doesn’t have to deal with state income tax. He’s an amateur gambler, so he also doesn’t have to worry about self-employment tax. I estimate that the IRS will grab 35% of his $1,300,231 prize, or $455,081.

James Akenhead of London, England finished in ninth place. Under the U.S.-U.K. Tax Treaty, Mr. Akenhead won’t owe a penny to the IRS. Currently, the United Kingdom considers poker a game of chance; there is no tax on games of chance in the U.K. So Mr. Akenhead’s take-home winnings will be equivalent to his prize money: $1,263,602. Interestingly, if you look at net income after tax, Mr. Akenhead effectively finished in sixth place despite actually finishing ninth.

Here’s a table summarizing the tax bite:

Amount won at Final Table $27,220,989
Tax to IRS $8,150,527
Tax to French Tax Agency $1,391,868
Tax to MI Dept of Treasury $371,796
Tax to NY Dept of Taxation $360,157
Tax to MD Comptroller $319,637
Total Taxes $10,593,985

That’s a total tax bite of 38.92%.

Here’s a second table with the winners sorted by their estimated take-home winnings:

Winner Before-Tax Prize After-Tax Prize
1. Joseph Cada $8,547,042 $4,990,306
2. Darvin Moon $5,182,198 $3,067,595
3. Antoine Saout $3,479,670 $2,087,802
4. Eric Buchman $2,502,890 $1,332,123
5. Jeff Shulman $1,953,452 $1,281,757
9. James Akenhead $1,263,602 $1,263,602
7. Phil Ivey $1,404,014 $879,018
6. Steven Begleiter $1,587,160 $878,921
8. Kevin Schaffel $1,300,231 $845,150
Totals $27,220,259 $16,626,274

As you can see, taxes make a big difference in the true amount of winnings. The real winner at the World Series of Poker was the Internal Revenue Service with Mr. Cada finishing over $3,160,000 behind.

So congratulations to the winners. Just remember that a winner—perhaps the biggest winner of all—is the taxman. As we all know the house always wins.

Posted in Gambling | Tagged | 1 Comment

Homebuyer’s Credit Extended; NOL Loss Changes

The Senate passed an extension of the Homebuyer’s credit unanimously, and the House passed it nearly unanimously. So the credit (up to $8,000) has been extended on home purchases until April 30, 2010.

There are some changes in the legislation. The allowable AGI for the full credit has been increased from $75,000 to $125,000 (single; the new limit for Married Filing Jointly is $225,000); the credit fully phases out at an AGI of $145,000 (single) or $245,000 (married). A few of my clients have inquired about this credit, and I based my answers on the old AGI numbers. When I return to Irvine next week I’ll send you revised information.

There was also a change to Net Operating Losses in this legislation. For 2008 and 2009 NOLs, you can carryback the losses for five years rather than the normal two years.

So how does Congress pass this bill–a bill that costs $1 Billion a month–and say that it’s revenue neutral? Joe Kristan noted that Congress used its normal accounting techniques. Those techniques would get you and I a fraud conviction but Congress writes the laws. But I digress….

What it means in English is that calendar-year corporations with $1 billion or more of assets have to overpay third quarter 2014 estimated taxes by 33.25%. They will recover it with a lower fourth quarter payment in December 2014, but that’s after the current five-year Senate budget window ends, so as far as Congressional accounting is concerned, it never happens.

I hope no one wonders why Congress gets such low approval ratings….

Other coverage:
Tax Lawyer’s Blog
Stacie More’s Tax Tips
Roth Tax Updates
Tax Girl

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Traveling Again

I’ll be traveling over the next several days. Posting will be light until late next week.

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Why Gamblers Should Dislike PelosiCare

Suppose you’re an amateur gambler. Say you’re a college student. You net $45,000 playing poker tournaments. When you determine your annual wins and losses you find that your gross winnings are $800,000 and your gross losses are $755,000. You take the losses as an itemized deduction, and you pay tax based on the $45,000 of income (less your exemption and any other itemized deductions).

Under the House Health Care Plan (aka PelosiCare), the hypothetical gambler would be hit with a 5.4% surtax on his $800,000 of Adjusted Gross Income, or $43,200. Ouch.

So let’s see what the taxes would be (using 2008 rates, except for PelosiCare):

Federal Income Tax: $6,113
California Income Tax: $1,907
PelosiCare Surtax: $43,200

Total Taxes: $51,220

Yes, an individual would owe $51,220 of tax on $45,000 of income; he would actually lose $6,220 by earning $45,000! Ignoring the substantive issues with health care reform, the tax portion of the legislation is mind-boggling. It would also lead to more amateur gamblers not reporting their true income (e.g. more tax evasion) and would lead to lower tax collections in the United States.

Hopefully this proposal (which apparently is now 43 pages longer–up to 2,033 pages!) will die and something that’s a lot more reasonable will take its place.

Posted in Gambling, Legislation | Tagged | 3 Comments

House Health Care Bill Adds Taxes for All and Work for Tax Preparers

The 1990-page health care bill that the House will consider has numerous tax provisions. Americans for Tax Reform published a list of some of the changes:

– Employer Mandate Excise Tax of 0 to 8% of wages (depends on size of business);
– Individual Mandate Surtax of 2.5%;
– Flexible Spending Accounts (FSAs) limited to $2500/year;
– Non-qualified HSA Distributions would be taxed at 20% versus 10% currently;
– Income tax surtax of 5.4% on Modified AGIs over $500,000 single/$1 million MFJ (margin loan interest is not deductible for purposes of this calculation);
– 2.5% excise tax on medical devices;
– 1099s would be required for corporations; and
– “Empowers the IRS to disallow a perfectly legal tax deduction or other tax relief merely because the IRS deems that the motive of the taxpayer was not primarily business-related”.

These are just some of the tax changes in this measure.

It’s important to realize that this legislation will not be signed into law as currently drafted. It’s quite possible there will be no health care legislation passed (Americans are not in favor of the legislation), though I suspect something will be passed. Additionally, it is certain that if the Senate passes legislation it will be very different from the House bill.

This measure would lead to higher taxes on the wealthy. This would lead to more strategies by the wealthy to shelter income, which means more work for tax professionals. Additionally, the requirement that 1099s be issued to corporations would mean a lot more work for tax professionals. As I keep telling my brother, I’m convinced I have lifetime employment.

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