Citizenship Income: it is a criminal offence not to declare gross gambling winnings

Being lucky at gambling is a good thing. But whilst Lady Luck may be blind, the judicial authorities can see perfectly well. At least that’s the case when it comes to online winnings that are not reported by those who receive them the citizen’s income or who are seeking to receive it. The Court of Cassation, in a series of judgements, has ruled that failing to declare such windfall gains constitutes a criminal offence. This is because the increase in income, even if due to occasional winnings, affects the household income and therefore the entitlement to receive the ‘benefit’.

Nor should one underestimate the amount reported as household income, by deducting purchase costs, losses or sums intended to be reinvested in a further attempt to try one’s luck. The Supreme Court therefore urges gamblers not to cheat the INPS any more than they would the tax authorities. Because the Italian welfare system is based on on transparency.

In its latest ruling, the Court dismissed the appellant’s defence, in which he claimed to be merely an online gaming instructor who taught his pupils the techniques for winning and, when a bet paid off, the winnings were returned to the apprentice players who had advanced the money. Justifications that exonerate him.

Gambling winnings must always be declared, even if they are subject to withholding tax. Similarly, the judges of the Court of Cassation are not convinced by the argument that good luck acts as a revolving door, based on re-staking and losing within the gambling circuit of sums already won.