Hobby or Pro? When the ATO Wants a Slice of Your Winnings in 2026

When the ATO Wants a Slice of Your Winnings

Imagine this: It’s Friday night, you’re spinning the reels of your favourite pokie, and suddenly the screen lights up with that jackpot everyone dreams of. Euphoria, calls to friends, plans for a new car… But then a cold, sobering thought creeps in: “How much of this will the government take?”. In 2026, when digital financial monitoring is tighter than ever, this question worries anyone who’s ever withdrawn a large sum to their account.

As an analyst with years of experience in the iGaming industry, I’ve seen thousands of transactions and hundreds of success stories. We are not tax lawyers, but our team has studied in detail how the system works in Australia and New Zealand. In this article, we’ll break down where the thin line lies between a lucky hobbyist and a “professional” the tax office (ATO) might have questions for, and why understanding banking methods is now more important than any game strategy.

The Golden Rule: Why Australia is a Punter’s Paradise

Australia is historically known for its favourable attitude towards gambling. For the vast majority of the population, winnings from top online casinos remain completely tax-free. This is tied to a fundamental principle of Australian tax law: tax is levied on income derived from professional activity or the use of assets, not from blind luck.

However, the situation in 2026 demands a more careful approach. While the laws haven’t changed radically, the monitoring methods have. Banks and revenue authorities now use advanced algorithms to track regular deposits, which requires us, the players, to be more circumspect about how we manage our bankroll in our Australian gambling hub.

Luck Versus Skill: The ATO’s Main Filter

The key distinction for the tax office (ATO) lies in the nature of the game. Pokies, roulette, or baccarat are considered games of pure chance. Regardless of any betting strategies you might use, the outcome of a spin is determined by a random number generator. Therefore, even if you win a million dollars on Vavada, for the tax office, this is simply a “windfall gain” which does not need to be declared.

Poker or sports betting are a different matter entirely. Here, there is an element of skill involved. If you systematically outplay opponents in poker, the ATO may deem this not luck, but the result of your professional preparation, which theoretically opens the door to taxation.

When the ATO Steps In: Defining a “Professional”

ATO

The transition from the “hobby” category to the “business” category is that very grey area where many players start to get nervous. It’s important to understand: the size of the win alone does not make you a professional. You could win a 10 million AUD jackpot, and it would remain non-taxable income. Problems don’t start from the amount, but from the systematic nature of your actions and their resemblance to running a business.

In my practice, I’ve seen cases where people tried to prove they were professionals in order to write off losses as “business expenses”, but the courts almost always sided with the view that gambling is entertainment. Nevertheless, if the ATO decides you are running a business, they will want their share.

CharacteristicHobby Player (No Tax)Professional (Taxable)
GoalEntertainment, thrill, leisureGenerating profit as a job
IncomeRandom, unpredictablePrimary source of livelihood
SystemIntuition, luck, simple strategiesComplex mathematical models, software
Industry ConnectionRegular casino customerMay have insider knowledge, connections

This table demonstrates the key differences that tax authorities rely on when assessing your activity.

Indicators of a Gambling Business

Indicators of a Gambling Business

The ATO uses what’s called a “business test”. If your play on high-RTP pokies looks like work, it may be deemed as such. The main “red flags” include a huge volume of transactions (thousands of bets per week), systematic play (gaming on a schedule, like an office job) and, most importantly, your budget’s dependence on winnings. If you don’t work anywhere except on bookmaker or casino sites, and yet you’re buying property – expect questions.

Record Keeping and Organisation

Record Keeping and Organisation

The irony of the situation is that responsible gambling implies controlling spending. But for the tax office, excessive organisation can become a sign of a business. Having a dedicated home office, using specialised software for analysis, keeping complex Excel spreadsheets accounting for ROI – all these are attributes of a professional. An ordinary punter simply enjoys the process, not balancing the books at the end of the quarter.

Banking Nuances: PayID, Crypto, and the Offshore Reality

Most Australians play on offshore platforms licensed in Curacao, as local legislation restricts the range of online services. This creates unique challenges in 2026, especially when it comes to transaction blocks from Australian banks. Your tax risks often depend on exactly how you receive your money.

Understanding payment mechanics is critical. Your bank sees an incoming transaction, and if it’s flagged with a suspicious code, it can lead to a frozen account or a report to AUSTRAC, even if you don’t have to pay tax on the winnings.

The “Big Four” Bank Blocks and Third-Party Gateways

Direct credit card deposits to offshore casinos are often blocked. Therefore, savvy players use PayID payments. An important nuance: in most offshore casinos (e.g., Booi), PayID doesn’t work directly, but through payment gateways like MiFinity, Osko, or third-party processors. On your bank statement, this might look like a transfer to a private individual or payment for digital services, which reduces the risk of automatic blocks but requires attention to detail for regular withdrawals.

Expert Tip: In my experience, separating your gambling bankroll from your “mortgage money” via a digital wallet (like MiFinity or eZeeWallet) is the best way to maintain financial clarity. This not only helps with budget control but also avoids awkward questions when applying for a loan in the future, as the bank doesn’t see direct casino transactions.

Cryptocurrency Winnings and Capital Gains Tax (CGT)

This is the main pitfall of 2026. If you play at a crypto casino and win 1 Bitcoin, the fact of the win itself is not taxed. However, cryptocurrency in Australia is treated as an asset. If you won a Bitcoin when it was worth $100,000 and sold it a month later for $120,000, you are obliged to pay Capital Gains Tax (CGT) on the $20,000 difference. This is a subtle point many miss.

Example from Experience: Recently, I withdrew around 5,000 AUD via Litecoin from Play Fortuna casino. The transaction took 15 minutes. To avoid confusion with exchange rates and taxes, I immediately converted the crypto to AUD through a local exchange. If I had held the coins and the price rose, I would have had to report the profit from the price increase to the ATO, even though the win itself was “clean”.

The New Zealand Perspective: IRD Rules for Kiwis

Inland Revenue Department

Our neighbours across the Tasman Sea are in a similar situation, but with their own peculiarities. Visitors to our New Zealand hub often ask if their tax authority’s (Inland Revenue Department — IRD) approach differs from Australia’s.

The basic principle is the same: gambling is considered a hobby, and winnings are not taxed unless you’ve turned it into a business. However, the NZ banking system is more open to certain methods, for example, using POLi payments, which remain popular there and work more reliably than in Australia.

Differences Across the Ditch

While the legislation is similar, enforcement practice in New Zealand may be more lenient towards small, regular players. See the official IRD position on prize money. The key difference for Kiwis is the choice of currency. Playing in NZD, you avoid conversion fees, which in the long run keeps more money in your pocket than any tax schemes.

Staying Safe: The Licence is More Important than Tax

While you’re worrying about whether the tax office will notice your win, the real danger may lurk elsewhere. A tax inspector won’t take your money if you’re a hobbyist, but a dodgy casino might. That’s precisely why we always start with the basics of offshore gambling.

Since you are playing on sites not regulated by ACMA (Australian Communications and Media Authority), you have no government protection in case of a dispute. Your only insurance is the brand’s reputation and the regulator’s licence, such as from Curacao.

SSL Encryption and the Curacao Licence

Why does PokieKing recommend sites with a Curacao licence, despite their offshore status? Because it’s the gold standard for crypto-friendly casinos accepting Australians. Having a valid SSL certificate and an active licence guarantees that your data is encrypted and the games aren’t rigged. Always check the licence validator in the site’s footer.

Important Point: Remember, ACMA will not help you get your money back from an offshore casino. The entire responsibility for choosing a reliable platform lies with you. Use our risk index to vet brands before depositing.

Conclusion

Verdict

To sum up: for 99% of players from Australia and New Zealand, online casino winnings in 2026 remain completely tax-free. As long as you treat gambling as a hobby and rely on luck, the ATO will not lay claim to your jackpots. However, if you decide to make gambling your profession, be prepared to run a business by all the rules, including paying tax. The main advice is to keep your finances in order, use safe gateways like MiFinity or cryptocurrencies, and choose only reputable casinos.

Last Updated on 22 January 2026 by Mark Henderson

Author

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