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  1. #1
    Fish Food
    Join Date
    Mar 2011
    Posts
    8

    Default Legaility in the USA and How to Cash-Out?

    Ok so I'm gonna be just starting with real money poker fairly soon, but I'm pretty intimidated simply at the fact that I have no clue how legal it is. I've spent all night scouring the net and can't really find a straightforward answer, or at least one written in normal person English instead of Constitution English (friggin laws and your confusing words and run-on sentences). Sent an email to pokerstars (pasted below) asking for their take on it but I'm not really anticipating a very straightforward answer, if any at all.

    Could you guys try answering some of the questions I have posted on the email? They're the numbered part. But also answer me this (since it wasn't something I was willing to ask pokerstars since its a bit dicey). IF it's illegal, what's a good way to cash-out the winnings and not get butt-raped by the IRS?

    PS: I saw a previous post on the subject and the author got yelled at because people suspected him to be a mole trying to get info to help the government enforce it. All I can tell you is I'm not a super-secret agent, and if you don't believe me it's whatever I'll be on my way. Just sayin... I'm not lol.



    Email to PS...
    "PokerStars.net,
    I've been getting pretty good at poker on the play money tables and am considering taking my game to the next level and gambling real money. But something that is holding me back at the moment is the fear that, if I make winnings, I won't be able to cash it out and use it legally. I am having trouble finding a straightforward answer anywhere on the internet on whether online poker gambling is truly legal in the USA or not. So here's my questions:

    1. In a nutshell, is online gambling legal in the USA? Do you know the exact details on the legality?
    2. I live in New Jersey, and I have heard this state is somewhat stricter on online gambling because of the casino presence Atlantic City. Do you know specifically how legal it is in NJ?
    3. If it IS legal, I assume I have to report it on my tax returns, so should I do that? Because if it is NOT legal, I don't want to cash it out, report it, and end up getting arrested for it being done online instead of in a casino.
    4. If it is somewhat yes and no, what are the ways around it, or ways that make it more or less legal?

    If it is not legal, I will probably still play but keep the money stashed on PokerStars until there's any breakthroughs in the law. Please answer these questions as honestly and straightforward as possible. The last thing I need is to get audited, not realizing that what I was doing was illegal.

    Thank you in advance for any help and insight you can give, I greatly look forward to playing on PokerStars.net"




    ------I know, normal me and "act professional" me is a pretty hilarious difference, isn't it?

  2. #2
    Fish Food
    Join Date
    Mar 2011
    Posts
    8

    Default

    Got a response while typing this post out. As expected they didn't give me much, so do any of you guys know any answers?

    "
    Hello Dave,

    Thank you for contacting PokerStars.

    I can appreciate your concern and it is good to know what your into
    especially with legal situation.

    PokerStars is owned and operated by a legal entity located in the Isle Of
    Man (a crown dependency of the United Kingdom) and we pride ourselves on
    abiding by all relevant laws and regulations.

    Our terms of service make it clear that our services are not for use in
    jurisdictions where it is illegal to do so. We hope that you will appreciate
    that we have players from a vast number of countries and states throughout
    the world, and it would be impossible for us to remain updated as to the
    legal situation in every jurisdiction. We therefore encourage our members to
    evaluate the local laws which apply to them before they begin to use our
    services in relation to "real money" games.

    Additionally, PokerStars does not deduct tax from any cashouts that players
    receive. As laws vary depending on the jurisdiction, it is the
    responsibility of the individual player to adhere to the laws of their
    respective region.

    Therefore, we suggest that you inquire with your local tax authority
    regarding your responsibility of claiming winnings.

    If you have any further questions about this or any other matter, please do
    not hesitate to ask.

    Good luck to you, and thank you for choosing PokerStars.

    Regards,

    Oscar C
    PokerStars Support Team"

  3. #3
    Chaser
    Join Date
    Feb 2011
    Location
    Atl,GA
    Posts
    147

    Default

    Use echecks and they will put the money back in your account reasonably soon .Been doin it for years.

  4. #4
    Fish Food
    Join Date
    Mar 2011
    Posts
    8

    Default

    But if you get audited you're screwed though, right?

  5. #5
    Semi-Pro Moderator KnightofNarg's Avatar
    Join Date
    Aug 2010
    Location
    Iowa
    Posts
    1,455
    Blog Entries
    2

    Default

    In most states there is no actual law making it illegal to participate in online poker. The only thing that is illegal is banks/credit card companies transactions in online gambling. The police/IRS/national guard/secret service isn't going to break down your door some early monday morning.
    The government just likes making it hard for people to play. Easier to target banks than shutdown poker completely and have a backlash from 1million+ angry poker players.

  6. #6
    Chaser
    Join Date
    Feb 2011
    Location
    Atl,GA
    Posts
    147

    Default

    Quote Originally Posted by lionheart2243 View Post
    But if you get audited you're screwed though, right?
    NAH its just looks like an international transaction,then a refund of sorts.

  7. #7
    Fish Food
    Join Date
    Mar 2011
    Posts
    8

    Default

    Quote Originally Posted by KnightofNarg View Post
    In most states there is no actual law making it illegal to participate in online poker. The only thing that is illegal is banks/credit card companies transactions in online gambling. The police/IRS/national guard/secret service isn't going to break down your door some early monday morning.
    The government just likes making it hard for people to play. Easier to target banks than shutdown poker completely and have a backlash from 1million+ angry poker players.
    So with that in mind how should I deposit and cash-out my money, with e-checks?

  8. #8
    River Rat Ipokergood's Avatar
    Join Date
    Dec 2010
    Location
    Dallas TX, $11+1 SNG
    Posts
    347

    Default

    Quote Originally Posted by lionheart2243 View Post
    So with that in mind how should I deposit and cash-out my money, with e-checks?

    E-checks is a great way to deposit. I have never cashed out using e-checks but i'm sure it doesn't take to long. I usually do a check by mail when I cashout. As of 2011 some sites only offer check by mail to people who have previously cashed out with that option, but some sites will still offer this method to people who have not used it before. It usually takes right around 2 weeks to get the check once the withdrawal is processed.

  9. #9
    Semi-Pro Moderator KnightofNarg's Avatar
    Join Date
    Aug 2010
    Location
    Iowa
    Posts
    1,455
    Blog Entries
    2

    Default

    E-checks has been pretty good for me. I've deposited and withdrew multiple times since I've been playing. I've never had an issue, usually takes a couple days to go through plus the normal 7-10 days to clear.

    Some people do have problems with E-checks, it just depends on the state you live in and the bank you use.

  10. #10
    Fish Food
    Join Date
    Mar 2011
    Posts
    3

    Default

    First of all, real money is a whole lot different than play money.

    Before you start worrying about how to "cash out", you better see if you can win...the odds are against you to do that.

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