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Gambling vs non-gambling

By Malcolm Finney, January 2023

Malcolm Finney considers whether gambling winnings are taxable.  

The tax legislation (at ITTOIA 2005, Pt 5, Ch 8) includes the category ‘Income not otherwise charged’ (previously Schedule D Case VI); but gambling winnings do not fall within Chapter 8; nor indeed do they generally fall within ITTOIA 2005, Pt 2 ‘Trading income’.  

Amateur or professional? 

Gambling winnings are not considered as the fruit of carrying on a trade or profession (Graham v Green [1925] 2 KB 37; see below). Gambling is seen as a mere wager. In undertaking gambling (unlike a trade), there is no attempt to make profits by undertaking an organised activity. No services are being provided when undertaking a gambling transaction (although income arising to a tipster who provides tips on a regular basis in return for payment is subject to income tax under ITTOIA 2005, Pt 2) (

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