Are all my spread bet profits tax free?

Here's someone with far more credibility than I have on this forum - explaining what he did.

Now if I remember correctly Random had also worked in a large accountancy group and his Father was also a Chartered Accountant - although I do not know if he had any expertise in Tax Laws

See what he did below. ;-)

Quote:


Originally Posted by random12345 View Post


Sorry I was, of course, being sarcastic. Taxes and their policy of enforcement are set by parliament and then court decisions on the intent of the law clarify confusion or disagreement. HMRC do not create laws, they collect taxes the exchequer believes it is owed.

I agreed to settle tax on my own spread betting income with the commissioners when I became a full time self employed trader, but for that year and subsequent years only. I had previously declared all SB income by White Space Note and was not required to settle on those amounts as I was employed outside of trading, though I had worked for Mitsubishi UFJ prior to that, when I was.

If spread betting income is your only income then you are carrying on a trade, distinct from simply being presented a casual opportunity to trade should you wish by way of an occasional spread bet, whether that casual spread is on horses, golf, financial derivatives or American Football. This is the basis of the argument that people with other careers can use SB'ing tax free. It is a fair position.

BIM22020 - Trade: Exceptions & alternatives: Betting and gambling - spread betting - the court never ruled directly on financial spread betting cases because so few such cases exist. There are so few of these winning individuals since they insist on paying such a huge variable spread and enjoy having large latency feeds and therefore there is little profit in pursuing them and practically none of them make enough to go to court to press the argument. Any tax lawyer who isn't employed by Dodgy [email protected] will explain that this language clearly applies to SB 'traders' also. If you are REALLY making a lot of money and are worried then you can get someone at Linklaters or PwC (depending on the type of advice...) to clarify this for you, rather than looking on a forum board.

The big four will always tax traders etc on spread betting income if they carry on a trade that is related to financial derivatives or high wealth individuals who only trade. Complexities arise when trading forms a smaller part of your portfolio, but may still produce significant income.

It is always free from CGT as no tax is levied in general language on capital gains. Income tax is levied in general language on non hobbyists pursuing a profit from activities.

Note that this is basically irrelevant to people on the boards and they need not worry. Sustained income from this is extremely unlikely to happen to you. I wouldn't even consider worrying about it until you had three successful years at least and even then... HMRC will not cripple you with discovery fines either due




Hi C_V

Remember Random 12345

I used to argue with that guy all while with regards to the difference between commercial traders and retail traders.

But - he had got his head screwed on with regards to Spreadbetting and Tax

:D


F
 
Quote:


...
Remember Random 12345

I used to argue with that guy all while with regards to the difference between commercial traders and retail traders.


F

Just curious, did you eventually agree with him on the difference between commercial traders and retail traders?
 
Just curious, did you eventually agree with him on the difference between commercial traders and retail traders?

What really frustrated me was his arrogance that no retail discretional FX trader could make ongoing profits on a continual basis.

He admitted he had professional colleagues who had gone over 200 consecutive trading days - with continual profits - but that was not in FX - and so if none of the professional commercial traders could do it - then poor retailers just did not stand a chance.

In theory he was correct - but whether its 10% or just 3% of FX retail traders who are consistently profitable - on going - its still a few thousand traders world wide - another point we could not just agree on.

My argument was that its chalk and cheese in comparison - and that I had got to a position that meant I preferred not to keep compounding - he could not understand that - he looked upon it if you can be profitable trading up to 10 lots why are you not working all the way to 100 lots etc - and why was I not raising capital to expand etc - 2 totally different sides of a fence - but I did respect his views even though he also thought anybody north of Watford could not be rich lol

So - I wound him up - he wound me up - and maybe we both though each other was a t....... ;-)
 
FoMo,
My comments in blue.

Hi Tim

This is absolutely so unbelievable - we are just so far apart on opinions here - we may as well be on different planets.
Not much doubt about that FoMo. I'm on planet earth - which one are you on?
:LOL:


It is absolutely ludicrous to say SB companies would go into meltdown by the HMRC admitting there is a proportion of traders who will not get "tax free status"
- especially when this proportion is so small.

You argument just does not make sense.
I could accept your point if you can tell me (and all other SB clients out there) exactly who will and won't be liable to pay tax of their profits. None of your vague wishy-washy answers: a black and white explanation backed up with evidence from HMRC policy documents please.

If you can't do this (and you haven't yet), at least answer me this: who would open a spread betting account knowing that a randomly selected number of profitable traders will pay tax while others won't. Imagine the sales team at ETX:
Prospective new client: "Tell me, will I be taxed on my profits if I make any?"
ETX Rep': "Well, if it's a sunny day and the tax inspector assessing your return is in a good mood, then probably not. However, if he's had a tongue lashing from his Mrs and missed out on promotion (again), then you can expect to be hit for all you're worth."
Prospective new client: Oh, that's great, crystal clear, thanks. I know exactly where I stand now". Not.

SB companies couldn't conduct their business on that basis and I'm equally confident that HMRC don't conduct theirs on that basis either. I accept that this is just my opinion and am very happy to be proved wrong and admit I'm wrong - if you can provide the evidence.


Its a known FACT - that for spreadbetting to work - more punters have to lose than win. In the trading industry - we all know that somewhere between 70 and 95% of all traders lose more money than they win.

Nobody knows the exact number - but in the UK for government classification - the figure is suppose to be a ratio of over 75% that will lose their money for betting agents to have spreadbetting status

The fact that we are left with 25% approx. - could be 10% - could even be 30% - who do win more than they lose and have a positive winning balance - whether £1 or £1 million per annum - then only a small percentage of those so called "punters" or traders will actually not be already paying some form of tax to the HMRC - ie the majority will have other income streams etc etc - its maybe only a few small percent who do not fit the real "tax free criteria".
I'm not sure what your point is? Yes I agree that most SB clients lose and that a relatively small percentage are profitable.

Now if you don't agree on that part please tell me - but why do the 75% of spreadbetters who lose every year even keep on playing - because if they knew the facts - why do they bother ??
You'll have to ask them, there could be any number of reasons. Off the top of my head I'd suggest . . .
1. They believe their trading will turn the corner into profitability any time now.
2. It's a good way to test out new methodologies trading small stakes: losses are kept to a minimum.
3. They treat trading as a hobby and enjoy the thrill of it and don't expect to come out on top, in the same way people go to the races or the bookies on a Saturday afternoon and know they lose money over time but enjoy it all the same.
Doubtless there will be other reasons.


FACT - the SB industry as changed over the last 5 -7 years. Why do they advise all the clients to take individual tax advice ??

Please tell me Tim ??
Its because they know - there will be a few - might be 2% -might be 7% of their clients who do not fit the tax free status - that's why.
FACT: you present 'facts' that aren't in any way germane to the discussion. Saying that the SB industry has changed over the last 5-7 years has got bu88er all to do with whether or not the profitable few pay tax on their winnings!

As for advising clients to get tax advice, this is because, as Jon pointed out right at the start of the thread in this post, some people use spread betting in tandem with - or as part of - other trading activities. It does not apply to the vast majority or 'ordinary' retail traders such as most of us here on T2W.


Now - let's get this back to more facts .
Please clarify what you mean by "more". You still haven't provided any, lol!

I had advice originally from both Grant Thornton ( GT |) another to 10 UK accountancy firm - the KPMG - ( a top 4 world wide accountancy firm)

Their advise was totally clear with me - FACT
There you go again FoMo. So you're clear about the advice you were given: that's not a fact!

You will not be able to look at investing totally in FX spreadbetting and expect to remain with a tax free status - whilst not contributing to the HMRC any other form of income tax etc .

So - I would fit in that small minority - it still might be a few thousand traders - but that's a fact.
Evidence? Again, just saying something is a fact doesn't make it so, regardless of how often and how loudly you repeat it.

I can understand many saying well why is this not been broadcast or made totally public.

Simple

Its not in the interest of either the HMRC or the SB companies - they both prefer it to remain under the "radar" - for totally different reasons.
I agree that the answer is simple, but not for the reasons you give. It's just not that Machiavellian. There's no cloak and dagger. It's in the punters interest for SB to be tax free - that's the primary reason why 99% of people open an account with them. That's the USP for the SB firms, enabling them to complete with the DMA providers who tend to have tighter spreads, faster execution, no re-quotes, less slippage etc., etc. This then means they pay lots and lots of lovely tax to HMRC and the government. It's a win:win situation all round - everyone is happy. The minute there's a shred of real evidence (only one shred mind - that's all that's required) that any profitable SB punter has to pay tax on their profits, then the SB firms have lost their USP and the whole premise upon which the SB industry is based will unravel in double quick time.

I personally don't want to now have to spend a few thousand pounds getting the same advice from another tops 3 accountancy firms - but I do suggest that if any members her in the forum - are full time professionals - only spreadbetting and are full time - paying no other form of income tax to the HMRC and are making over say £25k+ per annum - that they due pay for proper individual tax advice based on their own circumstances.

Now I am sure you also would agree with that Tim - and if you don't - well get your office etc to ring up 10 separate SB companies - and see what they say.
I am not a tax expert and I'm not offering anyone tax advice. Indeed, if any one is any any doubt about their tax liabilities, then I recommend they consult a suitably qualified professional.

I will also have to find Random 1234 previous comment from last year or so - his father was a top chartered Accountant - and he had originally spent time training with a large accountancy group - and he too confirmed their advice - which was exactly the same as I received from KPMG

More to follow - even though it should only be of interest to a very small percentage of SB traders - the other large majority have nothing to worry about - a long as they pay tax on their other jobs etc and are not behind etc with the tax returns and payments etc etc
This appears to be at the heart of your argument, that there's not a problem so long as the individual who makes a profit via spread betting has some other form of taxable income. Again, where's the evidence for this? Provide a link to the HMRC policy document that says this and details the amounts that have to be earned and paid to qualify.
 
Re - Timsk reply post

My comments now in blue

Not much doubt about that FoMo. I'm on planet earth - which one are you on?

Unfortunately - the planet earth you live on is only in "black and white" - ""yes - no mode"

The planet earth I live on is in reality and in colour - with one of the main colours of life being - "grey"



I could accept your point if you can tell me (and all other SB clients out there) exactly who will and won't be liable to pay tax of their profits. None of your vague wishy-washy answers: a black and white explanation backed up with evidence from HMRC policy documents please.

Tim - you sound like a really novice trader here - ie saying I read all the books and the interest rates went up - the fundamentals were bullish - the Technicals on my 1 hr / 4 hr and 1 day chart all said bullish and buy - and then it went down 200 pips in 30 mins and I lost my money.

As I have said - it does not suit the HMRC and many other organisations to have everything covered in "black or white" or yes/ no answers . For years every rule and regulations the HMRC have come out with have been found to have loopholes that as lead to legal tax avoidance schemes. Finally the HMRC - maybe from advice for streetwise consultants have realised - leave areas of doubt open - don't get trapped...... again.

With all due respect to Jon ( Barjon) he's old school ( bit like me we are both over 60 yrs old) and he admitted he worked for the old Inland Revenue many many years ago - nowadays in the modern world we live in - the HMRC have to be as smart as all the people they are dealing with.

If you can't do this (and you haven't yet), at least answer me this: who would open a spread betting account knowing that a randomly selected number of profitable traders will pay tax while others won't. Imagine the sales team at ETX:
Prospective new client: "Tell me, will I be taxed on my profits if I make any?"
ETX Rep': "Well, if it's a sunny day and the tax inspector assessing your return is in a good mood, then probably not. However, if he's had a tongue lashing from his Mrs and missed out on promotion (again), then you can expect to be hit for all you're worth."
Prospective new client: Oh, that's great, crystal clear, thanks. I know exactly where I stand now". Not.

SB companies couldn't conduct their business on that basis and I'm equally confident that HMRC don't conduct theirs on that basis either. I accept that this is just my opinion and am very happy to be proved wrong and admit I'm wrong - if you can provide the evidence.

All SB companies now can say it quite clear - spreadbetting is tax free - but for the sake of clarity we request you to get specialist tax advise from your own accountant to make sure there are not any reasons you don't qualify.

Maybe 90-95% of all those new clients will be OK - so its no problem

If a new client says I know one professional trader who's been taxed or fined or penalised on his winnings - I am sure then the SB company would say - maybe there was a special reason - ie insider trading or he had not submitted tax returns for 5 years and he owned a private jet or something unusual.

I am looking forward to hearing the answer traders receive when they now ask their SB why do I need to get tax advice etc ?


You'll have to ask them, there could be any number of reasons. Off the top of my head I'd suggest . . .
1. They believe their trading will turn the corner into profitability any time now.
2. It's a good way to test out new methodologies trading small stakes: losses are kept to a minimum.
3. They treat trading as a hobby and enjoy the thrill of it and don't expect to come out on top, in the same way people go to the races or the bookies on a Saturday afternoon and know they lose money over time but enjoy it all the same.
Doubtless there will be other reasons.

Agree - so there will always be punters who use spreadbetting companies - especially while its tax free for the vast majority


FACT: you present 'facts' that aren't in any way germane to the discussion. Saying that the SB industry has changed over the last 5-7 years has got bu88er all to do with whether or not the profitable few pay tax on their winnings!

The change started after the financial world got such a bad kicking after the WW recession. All their reputations have suffered - time for more clarity - but it could cost them business - as now more choice for traders - you can still make maybe make more net returns even paying tax if you have a special great deal with a new ECN broker - who is now after new business - and now like the HMRC after more money - but via there own unique way - ie having the best of both worlds- having their own cake and eating it - to coin another expression

As for advising clients to get tax advice, this is because, as Jon pointed out right at the start of the thread in this post, some people use spread betting in tandem with - or as part of - other trading activities. It does not apply to the vast majority or 'ordinary' retail traders such as most of us here on T2W.

Its only one of the reasons - - but I totally agree the vast majority of ordinary retail traders do not have to worry

Now - let's get this back to more facts .
Please clarify what you mean by "more". You still haven't provided any, lol!

Likewise - please provide me with proof of multi millionaire professional full time spreadbetters who pay nothing to the HMRC on their consistent winnings - which is also their only substantial income - so far the guys already mentioned are all under investigation or awaiting to settle out of court



I agree that the answer is simple, but not for the reasons you give. It's just not that Machiavellian. There's no cloak and dagger. It's in the punters interest for SB to be tax free - that's the primary reason why 99% of people open an account with them. That's the USP for the SB firms, enabling them to complete with the DMA providers who tend to have tighter spreads, faster execution, no re-quotes, less slippage etc., etc. This then means they pay lots and lots of lovely tax to HMRC and the government. It's a win:win situation all round - everyone is happy. The minute there's a shred of real evidence (only one shred mind - that's all that's required) that any profitable SB punter has to pay tax on their profits, then the SB firms have lost their USP and the whole premise upon which the SB industry is based will unravel in double quick time.

Totally have to disagree - with your opinion - again the vast majority know now its tax free for them - do you honestly think they care about multi millionaire getting caught out because he made a dodgy 2 million and not filled his tax returns in correctly last 5 years ??


I think there's more - but at least that gets the ball rolling again

Regards


F
 
Quote:


Originally Posted by random12345 View Post


Sorry I was, of course, being sarcastic. Taxes and their policy of enforcement are set by parliament and then court decisions on the intent of the law clarify confusion or disagreement. HMRC do not create laws, they collect taxes the exchequer believes it is owed.

I agreed to settle tax on my own spread betting income with the commissioners when I became a full time self employed trader, but for that year and subsequent years only. I had previously declared all SB income by White Space Note and was not required to settle on those amounts as I was employed outside of trading, though I had worked for Mitsubishi UFJ prior to that, when I was.

If spread betting income is your only income then you are carrying on a trade, distinct from simply being presented a casual opportunity to trade should you wish by way of an occasional spread bet, whether that casual spread is on horses, golf, financial derivatives or American Football. This is the basis of the argument that people with other careers can use SB'ing tax free. It is a fair position.

BIM22020 - Trade: Exceptions & alternatives: Betting and gambling - spread betting - the court never ruled directly on financial spread betting cases because so few such cases exist. There are so few of these winning individuals since they insist on paying such a huge variable spread and enjoy having large latency feeds and therefore there is little profit in pursuing them and practically none of them make enough to go to court to press the argument. Any tax lawyer who isn't employed by Dodgy [email protected] will explain that this language clearly applies to SB 'traders' also. If you are REALLY making a lot of money and are worried then you can get someone at Linklaters or PwC (depending on the type of advice...) to clarify this for you, rather than looking on a forum board.

The big four will always tax traders etc on spread betting income if they carry on a trade that is related to financial derivatives or high wealth individuals who only trade. Complexities arise when trading forms a smaller part of your portfolio, but may still produce significant income.

It is always free from CGT as no tax is levied in general language on capital gains. Income tax is levied in general language on non hobbyists pursuing a profit from activities.

Note that this is basically irrelevant to people on the boards and they need not worry. Sustained income from this is extremely unlikely to happen to you. I wouldn't even consider worrying about it until you had three successful years at least and even then... HMRC will not cripple you with discovery fines either due




F

More from Timsk earlier reply

My comments in blue again

I am not a tax expert and I'm not offering anyone tax advice. Indeed, if any one is any any doubt about their tax liabilities, then I recommend they consult a suitably qualified professional.

Agree with you here Tim (y)


This appears to be at the heart of your argument, that there's not a problem so long as the individual who makes a profit via spread betting has some other form of taxable income. Again, where's the evidence for this? Provide a link to the HMRC policy document that says this and details the amounts that have to be earned and paid to qualify.

I think Random 12345 summed it up very eloquently Tim - and I have highlighted the part above regarding BIM22020 - and remember the world as moved on since the WW recession and of course the Tories taking over again in the UK



Regards


F
 
For those of you who live in the UK, if you want to contact this chap he might be able to tell you why he said SB is taxable if it is your main source of income.

https://en.wikipedia.org/wiki/Income_tax_and_gambling_losses#United_Kingdom

https://en.wikipedia.org/wiki/User:Mhockey

I live in Ireland, and have done my research already. It may even cover some UK laws, which is no concern of mine, but here it is anyway.

http://www.taxandlegal.ie/ITRJune2010.pdf

http://www.taxandlegal.ie/ITRQ42014.pdf

http://www.familylawweek.co.uk/site.aspx?i=ed129420

I don't know why I even bother, as I can tell you what some of the replies are going to be, and from whom!

I would read the familylawweek article carefully, especially this bit...

"There was therefore no organised seeking of emoluments on the part of the father"

What do you think the judge would have said if the father was spreadbetting!

What does spreadbetting involve, and what "Industry" is it in!

Full appeal for those really interested, as you might need it if you ever get good enough to have spreadbetting as your only source of income:)

http://www.bailii.org/ew/cases/EWCA/Civ/2014/530.html

13..Rowlatt J first decided that the winnings were not assessable under the catch-all provisions of Case 6 of Schedule D because the winning of a bet did not result in a profit or gain. He then turned to the Revenue's primary contention that the winnings were profits or gains arising or accruing from any trade, profession, employment or vocation under Case 2 of Schedule D. At the very beginning of this consideration he made the observation cited above relied on by Judge Mesher and Mr Bartlet-Jones. He was explaining that while a winning from a bet is not a profit or gain in itself, a person could set on foot an organised seeking after emoluments (which are not themselves profits) by creating a subject-matter which bears fruit in the shape of profits or gains. But there would have to be a subject-matter which bears fruit – an organic whole not existing in its separate parts. The most familiar instance was a trade which has as its object the securing of a capital increment. Selling an object for more than one has bought it is not a profit or gain for income tax purposes. (That is why, many years later, we now have a gains tax). But someone who does so on a regular basis may earn profits which are taxable not as profits of a transaction but as profits of a trade. The same is true of profits made from contracts for differences. Similarly finders of objects are not taxable but a person who starts a salvage or exploring undertaking may make profits. They are not profits of the findings but profits of the adventure as a whole. If he makes a loss, the loss is not due to the failure to find but to the trade:-

Lúidín
 
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For those of you who live in the UK, if you want to contact this chap he might be able to tell you why he said SB is taxable if it is your main source of income.

https://en.wikipedia.org/wiki/Income_tax_and_gambling_losses#United_Kingdom

https://en.wikipedia.org/wiki/User:Mhockey

I live in Ireland, and have done my research already. It may even cover some UK laws, which is no concern of mine, but here it is anyway.

http://www.taxandlegal.ie/ITRJune2010.pdf

http://www.taxandlegal.ie/ITRQ42014.pdf

http://www.familylawweek.co.uk/site.aspx?i=ed129420

I don't know why I even bother, as I can tell you what some of the replies are going to be, and from whom!

I would read the familylawweek article carefully, especially this bit...

"There was therefore no organised seeking of emoluments on the part of the father"

What do you think the judge would have said if the father was spreadbetting!

What does spreadbetting involve, and what "Industry" is it in!

Full appeal for those really interested, as you might need it if you ever get good enough to have spreadbetting as your only source of income:)

http://www.bailii.org/ew/cases/EWCA/Civ/2014/530.html


Lúidín

Thanks for your input Lúidín, I apologise for calling you a troll, I'm reading through the cases now. (y)
 
Thanks for your input Lúidín, I apologise for calling you a troll, I'm reading through the cases now. (y)

I stopped at this

''Conclusion
Other than cases where the gambling is ancillary to an existing
business, it is difficult to conceive of circumstances where
gambling winnings would be subject to income tax. It may be
said that the arm of the tax gatherer reaches far 12 but not as far,
it seems, as the professional gambler. To alter the position, the
Irish courts would need compelling reasons to depart from the
approach adopted by our neighbours. Alternatively, legislative
intervention would be required.''

So again no tax on gambling.
 
FoMo,
My comments in black.

Unfortunately - the planet earth you live on is only in "black and white" - ""yes - no mode"
The planet earth I live on is in reality and in colour - with one of the main colours of life being - "grey"

I accept there will be cases where the tax liabilities of the individual concerned are not black and white. From what you say, you may well be one of them. However, that's a very different kettle of fish from the law and HMRC policy which is designed to be as clear and as black and white as possible. It has to be, otherwise no one would know what their tax liabilities are and, in turn, the authorities would interpret it differently from one case to the next, resulting in some people paying tax on their spread betting profits while others don't. It would quickly dissolve into a mess. That hasn't happened for the simple reason that the law and HMRC policy are perfectly clear.

Tim - you sound like a really novice trader here - ie saying I read all the books and the interest rates went up - the fundamentals were bullish - the Technicals on my 1 hr / 4 hr and 1 day chart all said bullish and buy - and then it went down 200 pips in 30 mins and I lost my money.
Thanks for patronizing me.

As I have said - it does not suit the HMRC and many other organisations to have everything covered in "black or white" or yes/ no answers . For years every rule and regulations the HMRC have come out with have been found to have loopholes that as lead to legal tax avoidance schemes. Finally the HMRC - maybe from advice for streetwise consultants have realised - leave areas of doubt open - don't get trapped...... again.
We're not talking about the entire tax system in the round here. We're talking specifically about tax on spread betting profits. If it's half as grey and murky as you claim, there would be any number of examples whereby some people have paid tax on their SB profits while others haven't. That you can't provide one single example suggests to all and sundry that everything is indeed black and white (on this particular issue).

With all due respect to Jon ( Barjon) he's old school ( bit like me we are both over 60 yrs old) and he admitted he worked for the old Inland Revenue many many years ago - nowadays in the modern world we live in - the HMRC have to be as smart as all the people they are dealing with.

Okay, fair point, barjon's 'old school', so we can't take anything he says remotely seriously as he's obviously completely out of touch with the modern world. Jeez FoMo, could you be any more patronizing! Grrrr.

All SB companies now can say it quite clear - spreadbetting is tax free - but for the sake of clarity we request you to get specialist tax advise from your own accountant to make sure there are not any reasons you don't qualify.

Maybe 90-95% of all those new clients will be OK - so its no problem

If a new client says I know one professional trader who's been taxed or fined or penalised on his winnings - I am sure then the SB company would say - maybe there was a special reason - ie insider trading or he had not submitted tax returns for 5 years and he owned a private jet or something unusual.

I am looking forward to hearing the answer traders receive when they now ask their SB why do I need to get tax advice etc ?

We've covered this many times already: I've nothing more to add to the comments made.

Agree - so there will always be punters who use spreadbetting companies - especially while its tax free for the vast majority
Not the majority. All!

The change started after the financial world got such a bad kicking after the WW recession. All their reputations have suffered - time for more clarity - but it could cost them business - as now more choice for traders - you can still make maybe make more net returns even paying tax if you have a special great deal with a new ECN broker - who is now after new business - and now like the HMRC after more money - but via there own unique way - ie having the best of both worlds- having their own cake and eating it - to coin another expression
I don't understand your point (if you're making one?) or how it relates to the discussion in hand.

Its only one of the reasons - - but I totally agree the vast majority of ordinary retail traders do not have to worry

Likewise - please provide me with proof of multi millionaire professional full time spreadbetters who pay nothing to the HMRC on their consistent winnings - which is also their only substantial income - so far the guys already mentioned are all under investigation or awaiting to settle out of court
FoMo - you are the one who is claiming that SB profits aren't tax free in all cases, so the onus rests with you to provide evidence to support your claim - not the other way around.

Totally have to disagree - with your opinion - again the vast majority know now its tax free for them - do you honestly think they care about multi millionaire getting caught out because he made a dodgy 2 million and not filled his tax returns in correctly last 5 years ??
Again, I don't understand your point (if you're making one?) or how it relates to the discussion in hand. I agree that people don't care about "a multi millionaire getting caught out . . ." - but then I never said they did.


FoMo, I'm not going to comment on your subsequent post as it's not fair or reasonable to discuss old posts made by ex members who are not here to qualify their comments or answer questions about them etc. Furthermore, unless and until you bring something new to the table, I'm not going to continue with this discussion, as we're just going round in circles and it's a waste of everyone's time.

ETX_Website.png

I'll leave those of you on FoMos side of the fence to ponder on the solid evidence provided in the screen grab above taken from ETX Capital's website. Please note the first sentence under the image. It does not say 'one of the advantages of spread-betting in the UK is that profits are tax-free' in most cases. It simply says: "one of the advantages of spread-betting in the UK is that profits are tax-free". There is no asterisk saying there are some exceptions. There is no caveat saying circumstances may vary from one person to the next etc., etc. It's unequivocal, black and white, crystal clear. A firm of the size and stature of ETX simply wouldn't be allowed to get away with stating this if there was a shadow of doubt about the validity of such a bold statement. It's as simple as that.
Tim.
 
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Tony Tax says its OK! Who could argue with him. He does make a good point about NIC for your state pension but hey were successful spread bettors, we wont need that government pension right.
http://www.justanswer.com/uk-tax/37l7c-person-s-sole-income-financial-spread-betting.html#re.v/417/

On a slightly more serious note I did read about a man who lost a lot of money spread betting and tried to claim he was a professional gambler / trader but HMRC were having none of it. When I find it i will post it unless anyone has that link to hand. Its as close to proving you cant be taxed as a gambler as I can get.
 
Tony Tax says its OK! Who could argue with him. He does make a good point about NIC for your state pension but hey were successful spread bettors, we wont need that government pension right.
http://www.justanswer.com/uk-tax/37l7c-person-s-sole-income-financial-spread-betting.html#re.v/417/

On a slightly more serious note I did read about a man who lost a lot of money spread betting and tried to claim he was a professional gambler / trader but HMRC were having none of it. When I find it i will post it unless anyone has that link to hand. Its as close to proving you cant be taxed as a gambler as I can get.

LOL

Lúidín
 
FoMo,


----------------------------------------------------


I'll leave those of you on FoMos side of the fence to ponder on the solid evidence provided in the screen grab above taken from ETX Capital's website. Please note the first sentence under the image. It does not say 'one of the advantages of spread-betting in the UK is that profits are tax-free' in most cases. It simply says: "one of the advantages of spread-betting in the UK is that profits are tax-free". There is no asterisk saying there are some exceptions. There is no caveat saying circumstances may vary from one person to the next etc., etc. It's unequivocal, black and white, crystal clear. A firm of the size and stature of ETX simply wouldn't be allowed to get away with stating this if there was a shadow of doubt about the validity of such a bold statement. It's as simple as that.
Tim.


Hi Tim

Looks like ETX are out of sync with other spreadbetting companies

Thanks for pointing it out Tim - maybe the 5 other spreadbetting companies I mentioned early on this year who added the asterisk's and the caveat in the small print don't count.

Maybe we need to contact ETX and point this out and explain they are misleading etc and need reporting to the FCA.

I have not checked all of ETX's small print in their other sections - but the fact there is no asterisk and no small print on requesting clients to check their individual circumstances is wrong

IG - UK leading spreadbettors certainly cover themselves in the small print

ie

* Tax laws are subject to change and depend on individual circumstances. Tax law may differ in a jurisdiction other than the UK.


Out of the 26 SB's I quickly checked - well done for choosing an odd ball

You would make a good lawyer :)


Regards


F
 
. . .Maybe we need to contact ETX and point this out and explain they are misleading etc and need reporting to the FCA.

I have not checked all of ETX's small print in their other sections - but the fact there is no asterisk and no small print on requesting clients to check their individual circumstances is wrong . . .
FoMo,
Finally, there appears to be some common ground upon which we can both agree. At last!

If you believe ETX have got it wrong and are misleading prospective clients, then I fully support you and others contacting the FCA, Trading Standards, HMRC and other agencies. Go for it and, if you do, please post any replies you get here, as that will help to move this discussion forward.

Btw, I chose ETX simply because I've had an account with them for years - I didn't single them out for any other reason.
Tim.
 
FoMo,
Finally, there appears to be some common ground upon which we can both agree. At last!

If you believe ETX have got it wrong and are misleading prospective clients, then I fully support you and others contacting the FCA, Trading Standards, HMRC and other agencies. Go for it and, if you do, please post any replies you get here, as that will help to move this discussion forward.

Btw, I chose ETX simply because I've had an account with them for years - I didn't single them out for any other reason.
Tim.


Hi Tim

Will just check out a few more SB companies first and then make a list etc - just to see if any more are not providing proper clarity etc and not requesting their client to take individual tax advice etc

I was with CMC and GFT ( UK ) during my main SB period and so keen to see what they have now in their small print.

Regards


F
 
FoMo,
Finally, there appears to be some common ground upon which we can both agree. At last!

If you believe ETX have got it wrong and are misleading prospective clients, then I fully support you and others contacting the FCA, Trading Standards, HMRC and other agencies. Go for it and, if you do, please post any replies you get here, as that will help to move this discussion forward.

Btw, I chose ETX simply because I've had an account with them for years - I didn't single them out for any other reason.
Tim.

Hi Tim

Well I spent a bit of time this last week checking out all the small print on the main spreadbetting companies web sites and their comments with regards to the tax free status of spreadbetting.

Its looks as though ETX is the odd one out


No asterisk referring to another section - no reference to obtain individual tax advice - no mention of tax laws can change - in fact if you only ever spreadbet using ETX you would feel very confident that your winnings are totally safe and what ever your own tax situation was you were safe.

The fact that another 25+ other spread betting companies all have the asterisks along with other recommendations in the small print makes this even more concerning.

I have not made contact with the ETX customer services department yet - maybe need to check out more with the customer services with the FCA etc.

I do plan to follow it through.

Maybe I should open an account with ETX and ask them for their reassurances along with a personal undertaking that they will cover my legal costs and any tax I might incur over the next 2 years using their platform and services ? ;-)

Will keep this thread updated with my progress

Regards


F
 
I can't be bothered to read all 30 pages of this but the subject crops up regularly!

Surely the relevant fact is that if profits were taxable then losses would have to be tax deductible and since more people lose than win, the tax man would be out of pocket - and that is not going to happen. It is therefore better for HMRC not to charge tax on SB winnings.

Additionally, since there is a large net loss, this money is profit to the SB company and gets taxed anyway.
 
I started reading a few pages of this but then it just turned into complete noise with the same poster(s) posting the same crap repeatedly....

Is there actually any evidence of anyone paying tax on spreadbetting profits in the UK? Aside from unsubstantiated claims from random people on the internet?
 
Just to add my two pennies worth...

A number of years back I had a substantial income (winnings) from spread betting. I also ran my own business which incidentally is completely unrelated to the financial industry.

I duly told my accountant about the winnings which dwarfed my taxable income.

My accountant said that we still needed to inform HMRC of the wins since this is the guidance from HMRC relating to large sums of money which may come into ones possession.

We duly made the submission. The HMRC didn't even come back to us with further questions.


In all my years of spread betting I have yet to come across a proven court case where HMRC (or Inland Revenue as the used to be called) were successful in pursuing a punter for spread bet winnings.

However, there are cases where HMRC tried and failed and as such this appears to reinforce the position that ALL spread bet winnings are tax free regardless of whether spread betting is regarded as an individuals sole source of 'income'.

In my opinion this business surrounding 'sole income' is something which the HMRC have put out there in an effort to make people behave in an 'ethical manner' - that's to say that HMRC believe that everyone should contribute to the 'income tax system' if they are 'working'.


There actually appears to be little that the HMRC could do to enforce taxation onto individuals who win big at spread betting.


Someone has already mentioned BIM22020 but the working is very cumbersome and in no way clear.

However, BIM22017 is far more helpful and this section would pretty much destroy any case which the HMRC felt that they had against any individual.

https://www.gov.uk/hmrc-internal-manuals/business-income-manual/bim22017

BIM22017 reads;

"The fact that a taxpayer has a system by which they place their bets, or that they are sufficiently successful to earn a living by gambling does not make their activities a trade."

This in my opinion is the most critical line of sentence in the whole document. It makes it very clear that earning a living by gambling does not in itself make that persons activities a 'trade'. On that basis alone I suspect that any case brought by HMRC would collapse since the basis for any HMRC case would be the fact that the individual pays no income tax from another source of income.

Added to that is the fact that all people who spread bet are regarded as 'punters' in terms of their relationships with their bookie (spread bet Co). What I mean by that is that it is clear which way around the relationship lies - the SB Co provide the prices on which the punter speculates. So, in other words, the HMRC have absolutely no way of showing that an individual is carrying on a trade on which they should be taxed.

Unless the law changes (and I don't think it will since a number of SB Co's have close relations with political parties) I cannot see a situation where HMRC will be successful in pursing a successful spread bettor.
 
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