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Horse-racing bettors and tax authorities are
embroiled in court battles that are climbing up Japan’s judiciary system
and could have a significant impact on the multi-trillion-yen gambling
industry.At issue is whether money spent on losing horse-racing tickets should be regarded as deductible business expenses.One case involves a civil servant in Hokkaido who won 7.84
billion yen ($76.9 million) from horse-racing bets over a six-year
period through 2010 but spent 7.27 billion yen on betting stubs.He declared the balance, about 570 million yen, as
“miscellaneous income,” after counting as business expenses the money
used to buy tickets that turned out to be losers.But the Sapporo Regional Taxation Bureau refused to certify
those losses as deductible expenses and said he failed to declare more
than 400 million yen in income.
The man recently filed a lawsuit with the Tokyo District
Court, demanding that the tax bureau’s decision be overturned. He argued
that the total amount he has been ordered to pay in taxes exceeds the
profit he made through his bets on horse racing.
“Unless the tax authorities recognize losing bets as
expenses, those who continuously purchase horse-racing tickets will
become taxed even when they lose money or will be obliged to pay more
tax than they earn,” the man claimed during the trial.
In a separate but similar case on taxing unsuccessful
horse-racing bets, the Osaka District Court ruled in May 2013 that
expenditures on failed bets should be considered expenses because the
defendant had bet on a continuous basis to make a living.
The 40-year-old defendant earned 140 million yen from horse
racing over a three-year period, but tax authorities said he dodged 570
million yen in income tax payments.
The ruling reduced the tax payment by more than 500 million yen, but prosecutors have since appealed that decision.
A resident of Yokohama in his 40s also filed a lawsuit with
the Yokohama District Court in February, demanding a nullification of
5.16 million yen in additional taxes on his earnings of 12 million yen
from horse-racing bets.
The man said horse-race betting is his profession, and
declared the income as coming from business activities. However, tax
authorities decided it was taxable “occasional income.”
According to the Japan Racing Association, about 3 million
people bought horse-racing betting tickets online in fiscal 2013, and
the amount they spent accounted for 60 percent of total ticket sales of
2.4 trillion yen.
After the JRA introduced an online system to allow gamblers
to buy large numbers of tickets in 2002, the Hokkaido civil servant
purchased betting tickets on more than 2,000 occasions each year.
He never missed live telecasts of horse races on Saturdays
and Sundays. He also developed methods to analyze the potential of about
8,000 registered horses and jockeys.
Between 2005 and 2010, he spent 7.27 billion yen on the races
and won 7.84 billion yen. He was investigated by the Sapporo Regional
Taxation Bureau after failing to declare the profits from horse racing
as his income.
In 2011, he declared 570 million yen in income and 210
million in income tax by reporting the profit as “miscellaneous income,”
which can be filed after combining all profits and losses gained from
such income throughout a year based on the Income Tax Law.
The tax bureau determined the money from the winning tickets was “occasional income.”
The only deductible expenses allowed for such income is the
amount "directly spent to earn the income.” Thus, only the amount spent
to buy winning tickets is considered deductible.
It is said the reason why tax authorities refuse to
acknowledge earnings from horse racing as “miscellaneous income” is that
they are concerned that taxpayers would combine income gains in this
category with losses from horse racing for deductions to reduce the
total income amount.
The Income Tax Law defines occasional income as money earned
from a one-time activity, such as gambling. Half of those earnings are
subject to taxation.
Based on a notice issued by the National Tax Agency more than
40 years ago, earnings from horse racing are included in this category.
As a result, the bureau decided that the Hokkaido civil
servant should pay more than 570 million yen, including 370 million yen
in income tax as well as penalty tax and residence tax, slightly
exceeding the profit he earned over six years.
“If tax authorities only recognize expenses for winning
tickets as deductible expense, the amount of tax will be billions of
yen, which I can hardly pay in my entire life,” the Hokkaido man said in
court.
He declined to comment to The Asahi Shimbun, saying his case is still pending in court.
