EU-court: Winnings are not taxable

Guest · Nov 13, 2003

Another great decision during one week.

Article 49 EC prohibits a Member State's legislation under which winnings from games of chance organised in other Member States are treated as income of the winner chargeable to income tax, whereas winnings from games of chance conducted in the Member State in question are not taxable.

http://curia.eu.int/jurisp/cgi-bin/form.pl?lang=en&Submit=Submit&docrequire=alldocs&numaff=C-42%2F02&datefs=&datefe=&nomusuel=&domaine=&mots=&resmax=100

[This message was edited by Faceless on November 13, 2003 at 06:28 AM.]

acw · Nov 13, 2003

Is there any EU country where winnings are taxable?

Guest · Nov 13, 2003

acw,

No, I don't think so.

Slash · Nov 13, 2003

<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by acw:
Is there any EU country where winnings are taxable?<HR></BLOCKQUOTE>

Winnings are taxable in all EU countries as far as I know. In my country taxes are 40% on gambling winnings.

Guest · Nov 13, 2003

Slash, where are you living?

United Kindom, Denmark, Sweden, Finland doesn't tax winnings. I'm not sure about rest of the EU-countries, but I don't think winnings are taxable.

Slash · Nov 13, 2003

<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by Faceless:
Slash, where are you living?

United Kindom, Denmark, Sweden, Finland doesn't tax winnings. I'm not sure about rest of the EU-countries, but I don't think winnings are taxable.<HR></BLOCKQUOTE>

In Denmark: If you play at the national monopoly, they withhold your taxes automatically. If you play at offshore bookmakers, you have to report earnings yourself and you are subject to a 40% tax.

I suppose that most other EU countries have the same rules. Please correct me if I am wrong!

Guest · Nov 13, 2003

You are correct about how these countries have treated offshore winnings, but this new decision will change the law.

In Finland national lottery pays taxes automatically also and here it is 5% and as the law case said Finland treated offshore winnings as foreing income.

Decison was, if a citizen doesn't have to pay taxes on national lottery, they don't have to pay taxes of winnings from other EU-country either.

ignorant · Nov 13, 2003

Faceless, I think your're messing up a little here... Fisrt one can assume, that since winnings in UK are non-taxable you don't have to pay a tax also if you're in a different EU country and played there. Judging by your last post Slash will indeed have to keep paying the taxes, as in his country lottery winnings ARE taxable...

Guest · Nov 13, 2003

Nope. This decision is about individuals. Please read the judgement.

17.
The Commission relies on the judgment in Case C-283/95 Fischer [1998] ECR I-3369 to argue that, in accordance with the principle of fiscal neutrality, a Member State may not treat a winner of a game of chance lawfully organised in another Member State less favourably than a winner who participated in a game organised in the first State.

ignorant · Nov 13, 2003

Great, if it's the case. Now everyone from EU can play at british books and legally pay no taxes!

kongen · Nov 13, 2003

Now we just need Pinnacle to move to EU

WildBill · Nov 13, 2003

EU countries still have the right to regulate citizens play in other countries. Netherlands has effectively banned them from playing in another country online, Dutch citizens have to be physically in the UK to get this tax break. Rulings like this make it more likely each individual country will think about passing laws banning play in other countries online.

EU-court: Winnings are not taxable

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