Good question. I think it's pretty hysterical by the way, how it seems like half of the online gambling articles published in the mainstream media are about the shady underbelly of an illegal industry and the other half sort of glamorize the top winners.
To answer your question though, online poker is in a kind of legal limbo. The Unlawful Internet Gambling and Enforcement Act (UIGEA) was tacked onto the SAFE Port Act of 2006 in a midnight rush job, making it illegal for banks to facilitate transactions related to online gambling. It didn't specifically make the act of playing illegal beyond what has been on the books since the Interstate Wire Act of 1961. In theory, poker's ace up the sleeve is that it's a skill game and can't fall under the same restrictions that regulate other games of chance.
At a state level, there are states that have specifically made online poker illegal, Washington (where it's a felony) and Kentucky are two, if memory serves but I think there might be one or two more by now. Then you see other states NJ/CA/NV moving to legalize and regulate intrastate network gaming.
Probably most of the players winning smaller amounts just don't bother to declare, and the bigger players are filing Form W2-G the same as they would for offline winnings.
To answer your question though, online poker is in a kind of legal limbo. The Unlawful Internet Gambling and Enforcement Act (UIGEA) was tacked onto the SAFE Port Act of 2006 in a midnight rush job, making it illegal for banks to facilitate transactions related to online gambling. It didn't specifically make the act of playing illegal beyond what has been on the books since the Interstate Wire Act of 1961. In theory, poker's ace up the sleeve is that it's a skill game and can't fall under the same restrictions that regulate other games of chance.
At a state level, there are states that have specifically made online poker illegal, Washington (where it's a felony) and Kentucky are two, if memory serves but I think there might be one or two more by now. Then you see other states NJ/CA/NV moving to legalize and regulate intrastate network gaming.
Probably most of the players winning smaller amounts just don't bother to declare, and the bigger players are filing Form W2-G the same as they would for offline winnings.