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Deducting gambling losses. If you itemize your deductions, you can deduct any gambling losses up to your total winnings but you’ll need clear and accurate records of these losses. In Credit Karma Tax, you can claim your gambling losses under Other miscellaneous deductions Source: irs.gov. Gambling Losses. You may deduct gambling losses only if you itemize your deductions on Schedule A (Form 1040 or 1040-SR) PDF and kept a record of your winnings and losses. The amount of losses you deduct can’t be more than the amount of gambling income you reported on your return. Claim your gambling losses up to the amount of winnings, as ’Other Itemized Deductions.’
You can deduct losses you incurred from gambling on your tax return, but only up to the amount of your winnings.
Since gambling loss deductions are dependent on your winnings, you’ll need to report all the money you win from gambling to the IRS. This means you’ll have to include it in your taxable income when you file your tax return.
You must itemize your deductions to claim losses from gambling. Taxpayers who opt for the standard deduction are not able to claim their gambling losses.Maintaining Records
You’ll need to keep accurate records of your gambling wins and losses if you want to claim your losses on your tax returns. The IRS requires you to keep track of the exchange of money from the following activities:
*Lotteries
*Raffles
*Races (horse/dog)
*Casino games
*Poker Games
*Sports bets
The records you keep should include:
*The date and type of gambling activity
*The name and location of the gambling establishment
*The people you gambled with
*The amounts won and lost
Your records should retain proof of your losses, should you be asked to provide it. Proof can include documentations such as:
*Form W-2G
*Form 5754
*Wagering tickets
*Canceled checks
*Receipts from the gambling locationDeduction limitations
You can’t deduct any gambling losses that exceed the amount you win and report as income. That means if you won $5,000 by gambling, but also lost $8,000 during the year, you’re only eligible to deduct $5,000. The remainder of the losses, totaling $3,000 cannot be written off or carried over to other years.How to Report Losses
You can only claim gambling losses if you are eligible to itemize your tax deductions, using a Schedule A. You’ll itemize if all your deductions plus your gambling losses are greater than the standard deduction. If you claim the standard deduction, you’ll still need to pay tax on all your winnings and report the money you won, even though you won’t be able to claim deductions.Gambling Losses Only
You can’t simply subtract the losses you incurred from your winning and report only the net profit or loss. You also can’t deduct losses without reporting winnings, so if you had a terrible year, it won’t get better at tax time. The IRS can’t allow this because otherwise it would be subsidizing taxpayer gambling.
Losing money while gambling won’t decrease your tax liability. First, you’ll need to win and then pay tax on the winnings before you can even consider a deduction of losses. So essentially, deducting losses only grants you the ability to avoid paying taxes on the money you win.
How Do Regular Gamblers Handle IRS?
Regular gamblers, gamers, off-track betters and wagers all take losses. No matter whether they file a tax return, get audited, have a tax lien, or try setting up an installment agreement, they usually get a raw deal from IRS about their gambling losses.
All gambling losses should be deducted to reduce tax! Let’s start there.
Here is the general rule: Gambling winnings are taxable. Losses may or may not be deductible. Even if the player netted a loss, her winnings are not exempt. Gambling wins are not even exempt at a function promoted by a tax-exempt organization!
Winnings might not be tax-exempt. But only profits – winnings minus losses, should be taxed.
Generally speaking, though, gambling losses are tax deductible only to the extent of gambling winnings. However, the deduction for those losses must be included with “itemized” deductions. Losses are reported on the Schedule A (Form 1040), Itemized Deductions. But if you don’t itemize, you cannot deduct those losses. Meanwhile, you still must report all of your winnings as taxable income. Raw deal.
*Obviously, this itemized rule for regular gamblers favors the IRS. Players tend to lose some of the tax break on their costs of earning gambling income. This is because:
Not all gamblers itemize their deductions. Those who don’t receive no tax break for their net losses; and
* Deductions for any year’s losses cannot be greater than the winnings from year-to-year.
Still, all gamer’s get taxed tax on all the income won during that year.
(We all know that most people have net losses, not wins. How do we know? Un casino in francese. Because these wonderful, beautiful, lavish casinos are NOT built by players’ net winnings, but by their losses.)
But I Heard This Law Changed!Lottery Losses On Tax Return
As we understand, in 2018 the law ceased to require a “floor” of 2% of adjusted gross income, before losses could be deducted. Translation: Before 2018, you could only deduct loss amounts greater than 2% of your income. So before 2018, you would “lose” more of your deductible losses with this 2% rule.
So yes, the law changed, temporarily until 2025. You get to deduct that other 2%, but only still if you itemize. And you’re still limited to deduct no more than your winnings. Even with the tax change since 2018, this gambling loss calculation is kind of one-sided, definitely in favor of the government.
Do I Have to Prove My Losses? Or my Winnings?
Yes, you should be able to prove your winnings and losses. Keep constant track of both. Every gambler should actually want to keep track of every dollar won, and lost. Without proof, you have the risk of overstating your income (and therefore tax). You also run the risk of understating your taxable income, which becomes a big problem in the case of IRS tax audits.
If an IRS auditor finds a substantial understatement of your tax, based on misreporting your gambling net income or loss, you may be fined a penalty. “Substantial” here can mean a $5,000 or greater understatement of your tax.
The Internal Revenue Code, Section 6662 gives a penalty equal to 20% of the tax difference. Plus, you also pay interest. There are also deeper punishments for intentionally understated gambling income. They could subject a person to a Civil Fraud Penalty of 75% of the tax, under IRC §6663. Worse, imprisonment is also possible, under Section §7206 of this Tax Code.
Of course, these penalties apply to understated income of any sort.
All that considered, it’s just so much easier to keep careful, consistent track.
What’s the Best Way to Keep Track of Gambling Winnings?How To Record Gambling Losses On Tax Return Due
IRS exam agents will ask for more detail than the average gambler can provide. IRS “suggests” keeping a diary or similar record of your gambling activities. At a minimum, your records should include the dates and types of specific wagers or gambling activities. But maybe also consider writing down your winnings, ATM withdrawals, plus the name and location and name of your casino or betting venue.
There’s a different standard for “Professional Gamblers.”Capital Losses On Tax Return
IRS auditors even ask who were the people gambling or entertaining with you. They suggest documenting that information also. IRS will definitely follow-up review of their tax returns as well. This step tends to only benefit the government. As you might imagine, reporting your gambling buddies to IRS would quickly shorten your list of friends.
Of course, all of this is difficult to do when you’re on a roll, when you’re up and down, or when you can’t climb back out of the hole. Plus, there’s alcohol. It’s just difficult to journal. And IRS knows this.
But there is an easier way to track my gambling, for tax purposes. If you are not able to keep a diary of your gambling transactions, use third-party documentsStock Losses On Tax Return
*Casinos offer “loyalty reward” cards and memberships. Use those cards to track all buy-ins, as well as winnings. You can request an Activities Statement for all activity recorded by that card swiped. This includes detail of all gambling dates. times. amounts transacted, plus descriptions of those transactions. They even include your account balances, wins and losses information, and sometimes time spent gambling online. This is extremely helpful information.
* Your gaming venue may even provide other services, to help you better keep up with your progress. Ask. And use them.
* Whenever possible, use plastic cards, not cash. Your bank and card carriers will track your cash-out and expenses. By themselves, they prove some expense. But paired with the Activity Statements (mentioned above), these are powerful support for you.
* Of course, casinos will issue a Form W-2G, whenever taxes are withheld. Generally, if you win more than $5,000 on a wager, and the payout is 300 times or more the bet, the casino or gaming venue must withhold 24% of your winnings for income taxes. At tax time, this helps too.
* These same rules apply for state lotteries. If you play the lottery, setup a small “cash card” for your tickets. Make sure that card issues a statement of your transactions. Use that card for nothing else, except for your lotto tickets. Seriously, not cigarettes, not beer, not gasoline – nothing else. Put your winnings in that account, too. Or try, anyway.How To Record Gambling Losses On Tax Return Policy
Gamblers win and lose. But only gambling profits – winnings minus losses – should be taxable. Remember that.Gambling Losses On Tax Return
J Anton Collins is a tax lawyer and retired CPA, formerly with IRS. He is a regular blogger for Tax Law Offices | Business Tax Settlement Corp.
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