Gambling and family tax returns

In Australia, family tax returns are filed by each adult family member individually, however, the gambling winnings of one of the spouses or partners may indirectly affect the overall level of taxation and the calculation of benefits. The Australian Tax Office (ATO) takes into account the total family income for certain types of benefits and payments, which makes the reflection of gambling income important for family financial planning.

Taxation of gambling winnings in a family context

Amateur game: winnings are not taxed, but can affect the total family income when calculating some benefits.
Professional play: Winnings are treated as a player's taxable income, included in their declaration and affect family financial performance.
Foreign winnings, even with an amateur game, may require declaration depending on the source and tax residency.

How gambling incomes affect family finances:
  • 1. Calculation of benefits

Centrelink takes into account the income of both spouses when determining eligibility for benefits, including Family Tax Benefit and Child Care Subsidy.
2. Joint assets

Large winnings spent on joint property add to the total value of a family's assets, which can reduce benefits.
3. General tax strategies

If the game is recognized as a business, the distribution of expenses or income within the partnership is possible if both spouses participate in the activities.

Accounting for gambling losses

For amateurs, losses are not taken into account in the declaration.
For professional players, losses can reduce the taxable base, but must be supported by documentation.

Special cases:
  • The player is a pensioner, the spouse is employed: the pensioner's winnings can affect the pension payments and benefits of the family.
  • Winnings transferred to the spouse's account: The ATO may request an explanation of the origin of the funds and, if necessary, recalculate the tax base.
  • Joint participation in tournaments: income can be distributed depending on agreements and participation.

Risks in case of incorrect reflection:
  • Overpayment of benefits and the requirement to return unnecessarily received amounts.
  • Additional taxes and fines for understating income.
  • Recognition of income taxable when identifying signs of professional play.

Recommendations for families:
  • 1. Keep separate and transparent records of gambling income and expenses of each family member.
  • 2. Consider the impact of large winnings on benefits.
  • 3. When playing together, draw up agreements in writing.
  • 4. Consult with tax specialists in non-standard situations, especially with foreign income.
  • 5. Notify Centrelink in a timely manner of changes in income or assets.

Conclusion
Gambling winnings in Australia may not be taxed in the amateur game, but their impact on family declarations and welfare payments requires careful attention. Transparency of accounting, understanding of ATO rules and timely informing of government agencies help to avoid fines and loss of benefits.