Gambling Losses Under New Tax Law
From scratch-off lottery tickets to casino slot machines, the opportunities for your clients to lay down a wager are endless. According to the latest statistics, gambling revenue tops $158 billion each year and is expected to rise much higher with the legalization of sports betting.
- Gambling Losses Under New Tax Lawyers
- Gambling Losses Under New Tax Law Firms
- Gambling Wins And Losses Under New Tax Law
Rules for Deducting Gambling Losses Under the new law, those who itemize deductions will continue to be able to deduct gambling losses up to the amount of their total winnings. For example, a slot player who wins $25,000 in jackpots may deduct up to that amount in verifiable gaming losses when they fill out an itemized tax form. Yes, your gambling income is taxable, but your gambling losses are deductible up to your winnings. And, If you are a professional gambler, you may be able to claim gambling losses and deductions on your tax returns, and minimize your income — but this was limited under the TCJA. To report your gambling losses, you must itemize your income tax deductions on Schedule A. You would typically itemize deductions if your gambling losses plus all other itemized expenses are greater than the standard deduction for your filing status. If you claim the standard deduction. Otherwise allowable under § 615 for higher income taxpayers. There is no provision in the Tax Law exempting or otherwise removing gambling losses from these reduction calculations. Accordingly, the amount of the New York itemized deductions, including any gambling losses.
While winning big may be a long shot, the odds are good that the IRS will expect its share. Here’s a rundown of the current tax law rules for gambling winners … and losers.
Winners
Gambling winnings — whether from a church bingo game or a mega-million lottery ticket — are fully taxable under federal tax law. Gambling income includes cash winnings and the fair market value of prizes, such as cash and tips.
Clearly, some gambling winnings may slip under the IRS’s radar — a $50 prize from a scratch off lottery ticket isn’t likely to be pursued by the IRS or even remembered by your client at tax time. However, more significant winnings are required to be reported to the IRS by the payer.
Under current rules, payers must report the following on Form W-2G, Certain Gambling Winnings:
- $1,200 or more in gambling winnings (not reduced by the wager) from bingo or slot machines.
- $1,500 or more in winnings (reduced by the wager) from Keno.
- More than $5,000 in winnings (reduced by the wager or buy-in) from a poker tournament.
- $600 or more in gambling winnings (except winnings from bingo, keno, slot machines and poker tournaments) if the payout is at least 300 times the amount of the wager.
- Any other gambling winnings subject to federal income tax withholding.
In addition, gambling winnings from sweepstakes, wagering pools and lotteries are generally subject to regular income tax withholding of 24 percent if the winnings (minus the wager) are more than $5,000. In the case of winners from horse races, dog races, jai alai or certain other wagering transactions, withholding is required if the winnings are more than $5,000 and are at least 300 times the amount wagered. Withholding is not required for winnings from bingo, keno or slot machines, or for winnings of $5,000 or less. However, backup withholding may be required if the winner does not furnish a correct taxpayer identification number.
Losers
Under longstanding rules, casual gamblers can deduct gambling losses — but only to the extent of gambling winnings. What’s more, gambling losses are deductible only if a client itemizes deductions, and only if the client can substantiate the amount of the losses. In a recent case, the U.S. Tax Court denied a deduction for estimated losses claimed by husband and wife poker players because they didn’t provide evidence, such as a personal log of winnings and losses, to back up their claim. The couple explained that they tried to keep a daily record of their poker winnings and losses, but gave up the practice because it was “bad for your psyche” [Pham v. Comm., T.C. Summary Opinion 2016-73].
New law impact: For 2018 through 2025, the Tax Cuts and Jobs Act eliminates miscellaneous itemized deductions that were previously deductible subject to the 2-percent-of-adjusted-gross-income floor. However, that law change does not apply to gambling losses, which have been deductible – and will continue to be deductible – up to the amount of gambling income.
On the other hand, another new law change may impact loss deductions for casual gamblers. The new law significantly raises the standard deduction amounts for all filers, thus eliminating the advantage of itemizing for many taxpayers. In addition, many gamblers will not be able to offset their gambling losses against gambling winnings.
Gambling professionals
Professional gamblers report their winnings and deduct their losses above-the-line on Schedule C, Profit or Loss From Business. Thus, unlike casual gamblers, gambling pros can offset winnings with gambling losses even if they do not itemize deductions. Moreover, in a 2011 decision, the Tax Court held that the limitation of gambling loss deductions to gambling gains did not apply to non-wagering expenses of a gambling trade or business, such as travel expenses and admissions fees to a gambling venue. Consequently, those expenses could result in a net loss from gambling [Mayo v. Comm. 136 T.C. 81].
New law impact: The IRS acquiesced in the Tax Court decision, but Congress was apparently unhappy with the result. Effective for tax years beginning after 2017 and before 2026, tax reform provides that the gambling loss limitation applies not only to gambling wagers, but also to any deduction incurred in carrying on a wagering transaction [IRC §165(d)].
Nonetheless, the odds are that gambling pros will still have better luck than casual gamblers when it comes to tax write-offs. Despite the new law changes, losses up to the amount of gambling income remain deductible by professional gamblers, whether they itemize deductions or claim the increased standard deduction.
The Tax Cuts and Jobs Act of 2017 (TCJA), which was passed into law in December 2017, took effect on Jan. 1, 2018. TCJA’s passage has resulted in the loss of three important tax deductions that are affecting individual tax returns.
This column discusses these lost deductions and how they may affect federal employees as they prepare their 2018 federal tax returns.
Gambling Losses Under New Tax Lawyers
The first deduction discussed is the deduction for casualty and theft losses. Until 2018, personal casualty and theft losses were deductible as part of one’s itemized deductions. But for the years 2018 -2025 when TCJA is in effect, personal casualty and theft losses are not deductible unless these losses are incurred in a federally declared disaster or, if an individual has a personal casualty gain, to the extent of such gain. The gain is therefore “netted out” by this casualty loss and no capital gain taxes are paid. Personal casualty losses that are potentially deductible are reported on IRS Form 4684 (Casualty and Theft Losses, Part A).
What is a federally declared disaster?
A federally declared disaster is a disaster that occurred in an area directed by the President to be eligible for federal assistance. An ongoing list of federally declared disasters is available on the Federal Emergency Management Agency (FEMA) web site at www.fema.gov.
A loss to personal use property is deductible if the loss is due to fire, storm, shipwreck, or other casualty. A casualty is the damage, destruction or loss resulting from a sudden, unexpected, or unusual identifiable event. The casualty loss must be reduced by actual insurance reimbursement and by any expected reimbursement. If the property is covered by insurance, an insurance claim must be filed. Otherwise the casualty loss is not allowed.
An example of a potentially deductible casualty loss is the loss of a home located in the areas affected by the California wildfires that occurred in the fall of 2018.
Miscellaneous itemized deductions
The second deduction that is not available for tax years 2018 -2025 under the TCJA is miscellaneous itemized deductions exceeding 2 percent of one’s adjusted gross income. Before the passage of TCJA, miscellaneous itemized deductions exceeding 2 percent of one’s adjusted gross income were deductible on Schedule A as an itemized deduction. Miscellaneous itemized deductions include:
- Tax preparation fees such as the cost of tax preparation software (for example, Turbo Tax), tax publications and fees paid for tax advice and electronic filing;
- Investment fees, custodial fees, trust administration fees and other expenses paid for managing one’s investments that produce taxable income;
- Union dues, professional fees and out-of-pocket employee business expenses.
Moving expenses
The third deduction that is not generally available for tax years 2018-2025 is moving expenses, except for members of the Armed Forces who are on active duty, and due to a military order, move as result of a permanent change of station.
Before 2018, individuals could deduct moving expenses in connection with a move only when the move was job-related, and a distance test and a time test were met. For example, a federal employee who changed job locations in which the jobs were more than 50 miles apart could potentially deduct certain moving expenses that were reimbursed by their new employer.
But under TCJA, these tests do not apply to moves made by members of the Armed Forces on active duty because of a permanent change of station. Deductible moving expenses include: (1) costs of moving household goods and personal effects; and (2) travel expenses, including lodging but not meals for one trip by the individual and each member of the household. Household members do not have to travel together or at the same time.
Form 3903 is filed to deduct qualified moving expenses in excess of any uniformed services reimbursements. The deduction is an adjustment to income and is reported on Form 1040, line 26, Schedule 1.