Online Poker FAQ — Beginners' Guide

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Keeping tax records (IRS publication 529)

The IRS publishes guidelines for the information required to document your gambling wins and losses. IRS Publication 529 says that you are required to keep an accurate diary of your wins and losses:

You cannot reduce your gambling winnings your gambling losses and report the difference. You must report the full amount of your winnings as income and claim your losses (up to the amount of winnings) as an itemized deduction. Therefore, your records should show your winnings separately from your losses.

Diary of winnings and losses. You must keep an accurate diary or similar record of your losses and winnings. Your diary should contain at least the following information.

1) The date and type of your specific wager or wagering activity.

2) The name and address or location of the gambling establishment.

3) The names of other persons present with you at the gambling establishment.

4) The amount(s) you won or lost.

You can see that it's hard to apply some of these instructions to online poker. The IRS goes on to say that your diary is not enough and that you must have other proof of your wins and losses:

Proof of winnings and losses. In addition to your diary, you should also have other documentation. You can generally prove your winnings and losses through Form W-2G, Certain Gambling Winnings, Form 5754, Statement by Person(s) Receiving Gambling Winnings, wagering tickets, canceled checks, credit records, bank withdrawals, and statements of actual winnings or payment slips provided to you by the gambling establishment.

What documentation could be used to prove online poker wins and losses? Hand history and tournament result emails are a more detailed record of your play than is described above and the IRS might accept these as supporting documentation. However, the IRS has not yet ruled on this matter. Financial records from your bank, credit card or web-based cash account (e.g., NETeller) that show all transactions to and from the poker site might also be helpful. Unfortunately, the writers at the IRS didn't anticipate online poker and so, in the end, nobody knows what documentation is sufficient.

(Remember, the information here is not tax advice. For advice you will need to see a tax professional.)

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