Anybody in the ¨Danger¨ states still playing online?

[Kazlic]

Hey all. Was just curious if any of you living in the States most affected by the recent legislation are still playing online poker. Specifically, you are living in one the following States:

Illinois
Indiana
Louisiana - felony to play online poker for real money in the US
Michigan
Nevada
New Jersey
New York
Oregon
South Dakota
Washington - felony to play online poker for real money in the US
Wisconsin

I mean I know there´s no technical issue with playing, was just wondering if any of you are ¨taking the risk¨ and still playing. Or do you think there even is a risk?

[meleader2]

not only do i play poker in the comfort of my own home in NY, but i watch porn, perform oral sex AND smoke pot and blow coke.

but, ya know, i may reconsider that online poker risk before playing again.

[oldbookguy]

I think, depending on how the legislation and or regulations ultimately workout there will be 'technical' issues with playing if you live in these states.

One, only one, scenerio of the UIGEA rules is that they may continue allowing 'skill' games with a requirement that these states (and 3 others missing from the list) be blocked from sites.

Sad, but that is how it is now with 'skill' sites such as worldwinner.com (also available via AOL Games, MSN Games & YAHOO! Games) and king.com

The inclusion of Poker as a skill game the same as solitaire, spades, hearts, et al would likely satisfy Antigua and the WTO as well.

obg

[jschaud]

SC was mentioned as a danger state. I still play. Its also against the law to have sex in any position but missionary in SC from what I understand. I can beat my wife on the courthouse steps on sundays, but i must bring a rifle to church. I also have tattoos. And finally I grew up playing monopoly, which according to state law is forbidden because it uses dice.

[OldNantucker]

I'm sure there are thousands of players playing from these states. What are the potential "technical" issues after the regs - you mean bigger sites denying access to players becasue it's illegal for them (assuming off shore company cares about US law)? Or are you referring to the illegality of players playing from these state?

I see the risks of the regs being more geared towards financial transactions - not so much the ability to play online form these states.

[oldbookguy]

IF, and only IF the regulations allow poker as currenty other 'skill' card games are allowed then presumably to comply sites would adhere to current laws in place that they abide by.

for instance, King.com iis located in the U.K. and blocks access to those states for financial transactions
.
Additionally, if cash outs for a given year total 600.00 or more once that 600.00 threshold is reached you must provide tax info to site that can be used to generate at 1099 form sent to you and the IRS.

If your account balance reaches 10K (or a total of that for a year) then you must fill out a foreign financial account statement that is given toi the IRS.

I would think all sites would agree to the 'SKILL' games rules to do business, a small price to pay in book keeping work in exchange.

A Note: These rules are in place and really are the ONLY rules needed.

Any site NOT following those simple rules, for me, would be suspect to play at anyway. I would prefer a site that does since there is some over site for protection for me. The players in the other states would need to get their state law changed.

obg

[ QUOTE ]
I'm sure there are thousands of players playing from these states. What are the potential "technical" issues after the regs - you mean bigger sites denying access to players becasue it's illegal for them (assuming off shore company cares about US law)? Or are you referring to the illegality of players playing from these state?

I see the risks of the regs being more geared towards financial transactions - not so much the ability to play online form these states.

[/ QUOTE ]

[RcrdBoy]

I play in Washington and I'm not worried.

Finding a decent way to fund my account and finding a site I liked was more of a deterent than being charged with a felony.

Most of my friends that played on line have stopped, but more because of the funding and overall uncertainty of on line poker, rather than it being illegal.

[Grasshopp3r]

Like most legislation, there is no easy way to enforce it.

[halsted]

How come these states are "most affected"?

[Moneyline]

I'm in NV and I play online all the time. The state law against online poker isn't enforced, and (other than not being allowed to play on Prima) Nevadans face no more roadblocks to playing poker than any other American.

[Scorcho]

In Oregon and still playing constantly. I just wish I had access to the Microgaming/Prima rooms & casinos still. /images/graemlins/frown.gif

[MiltonFriedman]

Okay, how do you blow coke, smoke pot AND perform oral sex concurrently ?

Prior to the demise of NakedPoker, mixing poker and porn were relatively easy.

[meleader2]

[ QUOTE ]
Okay, how do you blow coke, smoke pot AND perform oral sex concurrently ?

Prior to the demise of NakedPoker, mixing poker and porn were relatively easy.

[/ QUOTE ]

i shortstack. makes it easier.

[TheEngineer]

At the next IGREA hearing, Rep. Bachus will ask a witness:

[ QUOTE ]
You think poker is harmless? Hmmm? Hmmmm? Are you aware that a poker player writing on a poker web site admits that he not only plays poker in the comfort of his own home in NY, but that he watches porn, performs oral sex AND smokes pot and blows coke? Hmmmmm? Hmmmmmmmm?

[/ QUOTE ]

/images/graemlins/grin.gif

[CaptVimes]

Still playin in Indiana, not worried because one of my Representatives is the Oracle.

[Vern]

How is playing in NY risky? Can you name me one "player" that has ever been arrested for gambling, let alone prosecuted for playing poker (not online, but any game)?

[Legislurker]

[ QUOTE ]
At the next IGREA hearing, Rep. Bachus will ask a witness:

[ QUOTE ]
You think poker is harmless? Hmmm? Hmmmm? Are you aware that a poker player writing on a poker web site admits that he not only plays poker in the comfort of his own home in NY, but that he watches porn, performs oral sex AND smokes pot and blows coke? Hmmmmm? Hmmmmmmmm?

[/ QUOTE ]

/images/graemlins/grin.gif

[/ QUOTE ]

And started these practices at age 10.

[Kazlic]

I´ve read of home games being busted, but I´ve never anybody playing on-line being busted. I think on-line gaming is considered small potatoes from the perspective of the authorities.

I was just wondering if the recently legislation actually deterred anybody from the states in which it is now illegal from playing.

[oober]

Wisconsen player here, Never have worried one bit.

[PLO8FaceKilla]

I have a question for all of you players in these "danger" states....

Are you going to pay taxes on poker?
I don't know much about how the taxes work and state and federal taxes and all that b.s. ....

But are you worried that if you live in one of the felony states and pay taxes, you could get in trouble?
Paying taxes on "illegal gambling" pretty much is a confession that you are playing right?

[Vern]

There is legal gambling everywhere, including online, you just declare winnings and deduct losses (but have the paperork to back that up if you are audited) You just list the activity as gambling, and since it isn't illegal to play, it isn't illegal gambling anyway.

[PLO8FaceKilla]

[ QUOTE ]
There is legal gambling everywhere, including online, you just declare winnings and deduct losses (but have the paperork to back that up if you are audited) You just list the activity as gambling, and since it isn't illegal to play, it isn't illegal gambling anyway.

[/ QUOTE ]
but what if you are in a state where it is a felony to play poker online?

are you saying that you just list the activity (playing poker) as "gambling" when you do your taxes and this makes it ok since you aren't being too specific?

[antneye]

I live in NY and play regularly on the train while commuting to work in the full vision of anyone who cares to look at my monitor.

I am sure I have had cops sit next to me from time to time. The only feedback i've ever gotten from anyone has been "whoa, coool!"

[meleader2]

[ QUOTE ]
[ QUOTE ]
There is legal gambling everywhere, including online, you just declare winnings and deduct losses (but have the paperork to back that up if you are audited) You just list the activity as gambling, and since it isn't illegal to play, it isn't illegal gambling anyway.

[/ QUOTE ]
but what if you are in a state where it is a felony to play poker online?

are you saying that you just list the activity (playing poker) as "gambling" when you do your taxes and this makes it ok since you aren't being too specific?

[/ QUOTE ]

jesus christ. there are CASINOS in NY. on a tax form, it does not say "are you gambling online?" you just say..."GAMBOOOOOOOL!"

[PLO8FaceKilla]

[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
There is legal gambling everywhere, including online, you just declare winnings and deduct losses (but have the paperork to back that up if you are audited) You just list the activity as gambling, and since it isn't illegal to play, it isn't illegal gambling anyway.

[/ QUOTE ]
but what if you are in a state where it is a felony to play poker online?

are you saying that you just list the activity (playing poker) as "gambling" when you do your taxes and this makes it ok since you aren't being too specific?

[/ QUOTE ]

jesus christ. there are CASINOS in NY. on a tax form, it does not say "are you gambling online?" you just say..."GAMBOOOOOOOL!"

[/ QUOTE ]
thank you, and sorry for ruining your week.

[PLO8FaceKilla]

[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
There is legal gambling everywhere, including online, you just declare winnings and deduct losses (but have the paperork to back that up if you are audited) You just list the activity as gambling, and since it isn't illegal to play, it isn't illegal gambling anyway.

[/ QUOTE ]
but what if you are in a state where it is a felony to play poker online?

are you saying that you just list the activity (playing poker) as "gambling" when you do your taxes and this makes it ok since you aren't being too specific?

[/ QUOTE ]

jesus christ. there are CASINOS in NY. on a tax form, it does not say "are you gambling online?" you just say..."GAMBOOOOOOOL!"

[/ QUOTE ]

ok so then what happens if you get audited and you live in a felony state?....??

[oober]

No comment!!!!!!!!

[meleader2]

[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
[ QUOTE ]
There is legal gambling everywhere, including online, you just declare winnings and deduct losses (but have the paperork to back that up if you are audited) You just list the activity as gambling, and since it isn't illegal to play, it isn't illegal gambling anyway.

[/ QUOTE ]
but what if you are in a state where it is a felony to play poker online?

are you saying that you just list the activity (playing poker) as "gambling" when you do your taxes and this makes it ok since you aren't being too specific?

[/ QUOTE ]

jesus christ. there are CASINOS in NY. on a tax form, it does not say "are you gambling online?" you just say..."GAMBOOOOOOOL!"

[/ QUOTE ]

ok so then what happens if you get audited and you live in a felony state?....??

[/ QUOTE ]

hopefully they won't take my comp away and crack my usernames i have saved on keepass with a 13-digit alphanumeric, special character password...

[MLSchaff]

Yes, you should declare your winnings even if you live in a state where it is a felony to play. The IRS does not care about the legality of the activity - only that you pay the taxes on it. Remember what Al Capone went to jail for...

Now maybe someone who is a lawyer can clarify this part since I'm not sure where I may have heard it or the veracity -- I believe that your admission of illegal income on a tax form cannot be used to prosecute you for the crime. It is an extension of the 5th amendment right to not self-incriminate.

[Roma Norgy]

Umm, I've paid taxes and child support under the title of Professional Internet Gambler in the state of Wisconsin...

And since when is Wisconsin on this danger list?

[Backspin20]

[ QUOTE ]
not only do i play poker in the comfort of my own home in NY, but i watch porn, perform oral sex AND smoke pot and blow coke.

but, ya know, i may reconsider that online poker risk before playing again.

[/ QUOTE ]

Oral sex illegal in NY?

[Vern]

[ QUOTE ]
[ QUOTE ]
There is legal gambling everywhere, including online, you just declare winnings and deduct losses (but have the paperork to back that up if you are audited) You just list the activity as gambling, and since it isn't illegal to play, it isn't illegal gambling anyway.

[/ QUOTE ]
but what if you are in a state where it is a felony to play poker online?

are you saying that you just list the activity (playing poker) as "gambling" when you do your taxes and this makes it ok since you aren't being too specific?

[/ QUOTE ]
I e-file, I never had to enumerate what gambling activity I earned the money at. I am not saying the states where it is a felony cannot follow up, but I doubt they will go to that effort. There are so many places to have legally gambled, the mere act of filing gambling winnings would be a poor indicator of possible illegal gambling activity.

[Vern]

[ QUOTE ]
Now maybe someone who is a lawyer can clarify this part since I'm not sure where I may have heard it or the veracity -- I believe that your admission of illegal income on a tax form cannot be used to prosecute you for the crime. It is an extension of the 5th amendment right to not self-incriminate.

[/ QUOTE ]

That is false.

Answer (http://answers.google.com/answers/threadview?id=568356)

[Kazlic]

A lot of people seem to be asking how the ¨Danger State¨ list I posted came to be.

I got it from: http://www.compatiblepoker.com/usa.php

[Fishhead24]

[ QUOTE ]
Umm, I've paid taxes and child support under the title of Professional Internet Gambler in the state of Wisconsin...

And since when is Wisconsin on this danger list?

[/ QUOTE ]

For a few years.

[Skallagrim]

The danger list is actually a danger list mostly for the sites, not the players. NY is the perfect example. NY has a probably unconsitutional law prohibiting the offering of (most) gambling services which the NY attorney general claims also applies to the internet. It has no law that says the internet gambler is committing a crime.

And many states that are not on the list should be, as far as a player is concerned. Oklahoma for example, specifically makes playing poker outside a licensed casino a misdemeanor offense. Although there are some issues with this law too (WTO for example), if OK started arresting people for online play, I would not like to be the defendant trying to avoid criminal conviction by arguing this law does not apply to the internet.

Or consider South Carolina. SC makes playing any card game for money a misdemeanor crime. Does anyone really believe a court in SC would accept the argument that the use of a computer and the interent means online texas holdem is not a "card game?"

My current professional opinion is that the better way to exclude states is to exclude states that make playing a crime, and ignore states that only (many do both) make offering the service a crime. This produces a far different list. Which I will share with anyone for a small fee /images/graemlins/wink.gif. Or you can do the research yourself (for the most part) here:
http://www.gambling-law-us.com/State-Law-Summary/

Skallagrim

[PLO8FaceKilla]

the [censored] jokes might have more relevance and be funny if you got taxed for blowjobs

[PLO8FaceKilla]

also, probably a question that's been asked a million times but i don't know where to find the answer....... so please bear with me.....

1)say i end up making 10k this year online.... do i have to pay taxes even if i don't withdraw it?
2)if i do have to pay taxes on it and then the next year i make 20K and cash all of it out im only going to be taxed on 20k for that 2nd year right? (even tho i took out 30k total)

i guess what im curious about is taxes whether you withdraw or not and if there are any problems with this....

thanks in advance

[jasonfish11]

Here is an idea. I bet Felony tax fraud will be worse than felony poker playing. If you get audited DONT LIE tell them you made it online and pray for a good judge. If you are trying to get a job and they see a felony for tax fraud they are probably not going to hire you but felony for playing poker? If I were hiring you I wouldnt care unless I think you might have a gamboling problem.

And yes a W2G you dont specify where it came from you just put in the winnings and loses. I would recommend you put in your winnings and loses even if you are in a "danger" state. If you get audited for something else there are ways they can tell if you didnt report gamboling income.

[ QUOTE ]
Now maybe someone who is a lawyer can clarify this part since I'm not sure where I may have heard it or the veracity -- I believe that your admission of illegal income on a tax form cannot be used to prosecute you for the crime. It is an extension of the 5th amendment right to not self-incriminate.

[/ QUOTE ]

I am not a lawyer but Im an accountant. Its been a while since tax classes but I do taxes each year. I believe this is true with one exception. If you are a drug runner I believe the IRS is obligated to tell the proper authorities *warning this could be out of date