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Old 06-04-2014, 09:32 AM   #1
Track Phantom
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Tax question - Group/Syndicate betting

I'm hoping someone here has experience with syndicate or group betting as it relates to taxes.

We are going to have 22 people in a betting group this summer. All wagers will be made online via one persons ADW. What is the best (and easiest) way to make sure one person isn't overly burdened tax-wise?

Any advice would be greatly appreciated.
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Last edited by Valento; 06-04-2014 at 09:34 AM.
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Old 06-04-2014, 09:35 AM   #2
Some_One
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Have a Canadian bet for you through HPI?
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Old 06-04-2014, 09:56 AM   #3
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In general, professionals track every wager as an investment, with wins offset by losses. There are specific criteria used to limit what can be offset--no shoeboxes of losing tickets with heel marks scooped up from the racetrack floor after a winning day, and no "unusual" wagers. The latter, if contested, must be shown to be the result of a specific pattern--not a wild flyer. For example, a $20 bettor suddenly switching to $300 wagers and "suffering a string of losses after a big win" is likely to be questioned with skepticism.

Unless there is a specific investment plan in which each individuals contribution is clearly defined (as in an LLC), any attempt to "spread the grief" after a major win is likely to flop badly. I do not intend this comment to be construed as legal advice, or as an attempt to provide legal advice, but the best recommendation is to avoid that "syndicate using one guy's ADW" like the plague.

If one cannot do well enough to happily pay whatever taxes are owed as a result, one needs to spend more time improving his or her handicapping and keeping accurate, detailed records acceptable to the IRS. Either that, or take up macrame or needlepoint.
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Old 06-04-2014, 11:02 AM   #4
AndyC
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Quote:
Originally Posted by Valento
I'm hoping someone here has experience with syndicate or group betting as it relates to taxes.

We are going to have 22 people in a betting group this summer. All wagers will be made online via one persons ADW. What is the best (and easiest) way to make sure one person isn't overly burdened tax-wise?

Any advice would be greatly appreciated.
I would first be sure that all 22 people are residents of a state that allows betting through an ADW.

I would then write a partnership agreement spelling out the responsibilities of each partner.

I would open a new ADW account and a new partnership bank account. I would be sure that all partnership transactions are run through the 2 accounts. DO NOT COMMINGLE personal bets with the groups bets!

With the intent and the transactions documented the tax part is easy.
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Old 06-04-2014, 11:23 AM   #5
elhelmete
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I started a thread like this before the Derby and got some useful info. I'll top it.
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Old 06-04-2014, 12:16 PM   #6
startngate
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Quote:
Originally Posted by Valento
I'm hoping someone here has experience with syndicate or group betting as it relates to taxes.

We are going to have 22 people in a betting group this summer. All wagers will be made online via one persons ADW. What is the best (and easiest) way to make sure one person isn't overly burdened tax-wise?

Any advice would be greatly appreciated.
If it were me, I'd find a State that allows an LLC to create an account. Doing it that way allows the LLC to pay the taxes on the wagers and the losses are all deductible. A few hoops to jump through to make the IRS folks happy, but if you just try to run everything through one customer's account it's going to get messy come tax time. Can be done, but it would be much cleaner using an LLC.
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Old 06-04-2014, 01:07 PM   #7
AndyC
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Originally Posted by startngate
If it were me, I'd find a State that allows an LLC to create an account. Doing it that way allows the LLC to pay the taxes on the wagers and the losses are all deductible. A few hoops to jump through to make the IRS folks happy, but if you just try to run everything through one customer's account it's going to get messy come tax time. Can be done, but it would be much cleaner using an LLC.

I don't think you just find a state. You must abide by the laws of the state from which you are operating. To have an LLC pay the taxes for the group means that the LLC is treated as a corporation for tax purposes which creates another layer of cumbersome administration.
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Old 06-04-2014, 03:20 PM   #8
traynor
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Quote:
Originally Posted by AndyC
I don't think you just find a state. You must abide by the laws of the state from which you are operating. To have an LLC pay the taxes for the group means that the LLC is treated as a corporation for tax purposes which creates another layer of cumbersome administration.
More than a few think the upside more than compensates for the downside.
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Old 06-04-2014, 03:43 PM   #9
AndyC
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Originally Posted by traynor
More than a few think the upside more than compensates for the downside.
As a CPA I deal with LLCs all the time. I can't imagine what upside is so important that it must be saved by the use of an LLC.
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