Gambling Losses Deductions

Miscellaneous Deductions. Gambling Losses to the Extent of Gambling Winnings: Gambling losses include wagers plus expenses incurred in connection with the conduct of a gambling. Gambling Losses May Be Deducted Up to the Amount of Your Winnings Fortunately, although you must list all your winnings on your tax return, you don't have to pay tax on the full amount. You are allowed to list your annual gambling losses as an itemized deduction on Schedule A of your tax return.

If you gamble, you may not feel like as much of a winner come tax season next year. Changes in the State of Oklahoma tax law a limiting how much you can write off as a 'loss.'

• The bad news is that you can only deduct gambling losses if they are less than or equal to your gambling winnings. In other words, if you were paid $1,000 from a lottery ticket, but lost $400 at a.
• You must itemize your deductions to claim your gambling losses as a tax deduction. This means you can’t take the standard deduction for your filing status, which often amounts to more than a taxpayer’s itemized deductions. You’re allowed to deduct losses only up.

'I see this for Oklahoman's as like the gambling penalty,' said Eileen Robinson, the head accountant at Gardner's Tax Services Inc.

In previous years, you could write off your total gambling losses in your adjusted income which is what you can still do for federal taxes, but for Oklahoma state taxes, you can't do that anymore.

'For federal you have to show in the income on the 1040, your schedule 'A' is where you take your itemized deductions and that's where you right off your gambling losses,' Robinson said. 'In Oklahoma, they limited the amount of itemized deductions you can take, you can take all of your donations but it limits the rest of it to that 17,000.'

This means you'll have to pay income tax for the total amount of big jackpots.

In the past, if you lost money while gambling, then won, you could deduct those losses from your winnings then only pay the tax on the difference.

'Now when you win that money you're going to have to pay the taxes whether you out that money back into the machine or not,' Robinson said.

Something that Robinson says has been an unpleasant surprise for her clients this year.

'They're in shock, most of them didn't know and of course not until we got ready to do their taxes,' Robinson explains.

It may be too late to make the adjustment this year, but there are ways to prepare for the tax change next season.

'I'd say 5% of all their winnings needs to be set aside to send in' Robinson said. 'So lets say if you won something you need to make sure you set back enough to be able to pay the taxes for the state and try not to plug that into the machine.'

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Rules concerning income tax and gambling vary internationally.

United States[edit]

In the United States, gambling wins are taxable.

The Internal Revenue Code contains a specific provision regulating income-tax deductions of gambling losses. Under Section 165(d) of the Internal Revenue Code, losses from “wagering transactions” may be deducted to the extent of gains from gambling activities.^[1] Essentially, in order to qualify for a deduction of losses from wagering, the taxpayer can only deduct up to the amount of gains he or she accrued from wagering. In Commissioner v. Groetzinger, the Supreme Court Justice Blackmun alludes to Section 165(d) which was a legislative attempt to close the door on suspected abuse of gambling loss deductions.^[2]

Wagering Transaction[edit]

The Internal Revenue Service has ruled that a “wagering transaction” consists of three elements.^[3] First, the transaction must involve a prize. Second, the element of chance must be present. Finally, the taxpayer must give some consideration.

Section 165(d) and Professional Gamblers[edit]

In Bathalter v. Commissioner, a full-time horse-race gambler had gains of $91,000 and losses of $87,000.^[4] The taxpayer deducted the expenses under Section 162.^[5] The service argued that Section 165(d) precluded the taxpayer from engaging in gambling as a 'trade or business.'^[4] The Tax Court held that the taxpayer's gambling was a business activity and allowed the deductions.^[6] In essence, the court held that Section 165(d) only applies when a taxpayer is at a loss instead of a net gain and “serves to prevent the [taxpayer] from using that loss to offset other income.” ^[7] However, if the taxpayer has a net gain, as the horse-race gambler did, then the taxpayer may deduct the expenses under Section 162, and Section 165(d) does not apply.^[8]

Section 165(d) and Recreational Gamblers[edit]

In addition, in Valenti v. Commissioner, the court reiterated that Section 165(d) applies to professional gamblers as well as recreational gamblers.^[9] The court stated, '... it has been held both by this Court and various courts of appeals that wagering losses cannot be deducted, except to the extent of the taxpayer's gains from wagering activities, and it has been so held even where such activities were conducted as a trade or business as opposed to a hobby.'^[10] Therefore, for example, if a recreational gambler visits a casino one Saturday and accumulates $600 of losses and $200 of gains, that recreational gambler may deduct $200 of the wagering losses (because she can only deduct an amount up to the amount of wagering gains she accrued).

Gambling Loss Deductions Tax

United Kingdom[edit]

In the United Kingdom, wins (unless in the course of a trade) are not taxable and losses are not deductible.

Germany[edit]

In Germany, wins are taxable since July 2012 by 5% of the winnings (profit).

Canada[edit]

In Canada gambling income is not generally taxable. If the gambling activity can be considered as a hobby, the income is not taxable.^[11][12]

If the gambling is carried out in businesslike behaviour, then the income is taxable and losses deductible. Making approximately $50 million in sports lottery bets and earning a profit of $5 million was not considered businesslike behaviour in Leblanc v. The Queen. However, in the case of Luprypa v. The Queen the gambling income was ruled to be taxable. The case involved a skilled pool player that profited approximately $1000 per week playing staked pool games against bar patrons.^[12]

Poker differs from many other forms of gambling as skilled players may increase their chances of winning significantly. In the case Cohen v. The Queen judge ruled that the gambling activities were not conducted in sufficiently businesslike manner and thus the losses were not deductible.^[12]

See also[edit]

References[edit]

1. ^IRC Section 165(d).
2. ^480 U.S. 23, 32 (1987).
3. ^Technical Advice Memorandum 200417004.
4. ^ ^abT.C. Memo 1987-530.
5. ^IRC Section 162.
6. ^Id.
7. ^Id.
8. ^Id.
9. ^T.C. Memo 1994-483.
10. ^Id.
11. ^Bonusfinder Canada. 'Do I need to pay taxes on my casino winnings?'. www.bonus.ca. Retrieved 24 February 2020.
12. ^ ^abcRotfleisch, David. 'Taxation Of Gambling And Poker Winnings – A Toronto Tax Lawyer Guide'. mondaq.com. Retrieved 24 February 2020.

Gambling Losses Deduction 2017