Quick Answer
For tax years beginning after December 31, 2025, federal law generally limits the deduction for wagering losses to the smaller of 90% of qualifying losses or wagering gains. Casual gamblers generally must itemize to deduct eligible gambling losses. Winnings still need to be reported, and a net losing year does not automatically eliminate taxable gambling income. [1][2]
Key Takeaways
- The 2026 rule is not simply “deduct losses up to winnings.” The 90% calculation matters too.
- The formula is the smaller of 90% of qualifying losses or wagering gains.
- Casual gamblers taking the standard deduction do not separately deduct gambling losses.
- Winnings and loss deductions are generally reported separately for casual gamblers.
- A contemporaneous log and supporting records are essential.
What Changed for 2026?
Section 165(d) of the Internal Revenue Code now sets the allowable amount at 90% of losses from wagering transactions, subject to the further limit of gains from those transactions. The amendment applies to tax years beginning after December 31, 2025. [1]
That means a calendar-year taxpayer should distinguish 2026 activity, generally reported on a return filed in 2027, from 2025 activity reported on a return filed in 2026. “I am filing in 2026” does not by itself establish which loss rule applies.
This guide describes enacted federal law checked September 20, 2026. A proposed bill or a headline about changing the rule is not the same as an enacted change. Confirm the law again when preparing the actual return.
The Calculation, Without the Guesswork
For the simplified examples below, assume all stated losses qualify and are fully documented. For a casual gambler, also assume the taxpayer itemizes. These examples illustrate the statutory ceiling, not a complete tax return or a promised deduction.
**Allowable loss ceiling = the smaller of (90% of qualifying losses) or wagering gains.**
Hypothetical wagering gains | Hypothetical qualifying losses | 90% of losses | Loss-deduction ceiling
$10,000 | $10,000 | $9,000 | $9,000
$10,000 | $12,000 | $10,800 | $10,000
$10,000 | $8,000 | $7,200 | $7,200
The second example is important. The limit is not always 90% of winnings. It is 90% of qualifying losses, with the deduction then capped at wagering gains. [1]
These figures also do not establish an effective tax rate or the taxpayer's additional amount due.
Why Breaking Even May Still Affect Taxable Income
In the first hypothetical example, the taxpayer has $10,000 of winnings and $10,000 of qualifying losses. The loss ceiling is $9,000, not $10,000. That leaves a $1,000 difference between the winnings and the allowed loss deduction before considering the rest of the return.
For casual gamblers, the effect can be more complicated than that subtraction suggests. Winnings generally enter income, while eligible losses are claimed as itemized deductions. An itemized deduction does not necessarily undo the effect of the winnings on adjusted gross income or other income-based calculations. [2]
This is why “I broke even” is a description of your gambling result, not a completed tax analysis.
Itemizing Is a Separate Requirement
The 90% rule does not create a new gambling-loss deduction for casual gamblers who take the standard deduction. The IRS states that casual gamblers deduct eligible losses only if they itemize and keep records of winnings and losses. [2]
Whether itemizing makes sense depends on the full return. You cannot simply take the standard deduction and then subtract gambling losses again because you kept good records.
Professional-gambler treatment requires a separate analysis. Frequent betting does not, on its own, establish that you operate a gambling trade or business. Section 165(d) also includes certain otherwise allowable deductions incurred in carrying on wagering transactions within its loss definition. Do not assume a professional label bypasses the limitation. [1]
Records That Support the Calculation
Keep an accurate diary or similar record of gambling activity, together with documents supporting both winnings and losses. The IRS specifically calls for records and supporting items such as receipts, tickets, and statements. [2]
A useful recordkeeping package includes:
- Dates and types of gambling activity.
- Casino or sportsbook names and locations.
- Wager details and outcomes.
- Amounts won and lost, supported by the underlying records.
- Tickets, receipts, and electronic transaction histories.
- W-2Gs and casino or sportsbook statements.
- Deposits, withdrawals, and transfers, identified separately.
Keep the records as you go. Reconstructing a year of wagers from memory is not a strategy to rely on at filing time.
Common Mistakes to Avoid
**Reporting only a net app balance.** A casual gambler's winnings and deductible losses generally require separate treatment. A dashboard's net result is not automatically the amount that belongs on the return. [2]
**Treating every withdrawal as a win.** Transfers can include deposited funds or previously received winnings. Use the transactions behind the balance.
**Assuming no W-2G means no income.** Taxable winnings can be reportable without a payer-issued form. [2]
**Calling every expense a gambling loss.** Travel, meals, subscriptions, or other spending do not automatically qualify just because they relate to a betting trip. Classification and eligibility need review.
**Using last year's rule without checking the tax year.** Distinguish the year of the gambling activity from the year you file.
**Assuming state law matches federal law.** State treatment of winnings and losses varies. A federal deduction does not establish a matching state deduction.
What to Bring Before Year-End
If gambling activity is substantial, speak with the team before filing season. Bring year-to-date winnings, loss records, forms received so far, and information about your withholding and estimated payments.
The goal is to understand your reporting and payment position while there is still time to organize records and discuss appropriate next steps. It is not a reason to place additional bets or pursue losses for a deduction.
For the reporting basics, see the companion [casino winnings guide](https://mytaxfella.com/blog/casino-winnings-taxes-reporting). For account timing, see [sports betting winnings you have not withdrawn](https://mytaxfella.com/blog/sports-betting-taxes-without-withdrawing).
Frequently Asked Questions
Can I Deduct All My Losses If I Won the Same Amount?
Under the 2026 federal rule, the ceiling generally is 90% of qualifying losses, capped at wagering gains. Equal winnings and losses therefore do not automatically produce an equal deduction. Casual-gambler itemization and recordkeeping requirements still apply. [1][2]
What If I Lost More Than I Won?
Run both limits. If 90% of your qualifying losses equals or exceeds your wagering gains, the statutory ceiling can reach the gains amount. You still need to satisfy the applicable deduction requirements. Losses cannot produce an unrestricted offset against your wages simply because your betting year was negative. [1]
Can a Casino Win/Loss Statement Replace All My Records?
Treat it as supporting evidence, not a universal substitute for a contemporaneous log and underlying records. Review what the statement actually captures, particularly if you used multiple casinos or sportsbooks. [2]
What to Do Next
Your records should tell the story before your return has to.
My Tax Fella serves individuals and businesses across all 50 states, with local offices in NY, NJ, and NC. Bring the team your winnings, losses, and supporting documents so we can discuss the rules that apply to your situation.
**Primary CTA: [Review Your Gambling Tax Records With Us](https://mytaxfella.com/book)**
Call the team at [718-356-5178](tel:+17183565178).
**Secondary CTA:** Join the email list through the [Journal newsletter form](https://mytaxfella.com/blog) for tax reminders and planning updates.
*General information, not personalized tax advice. Examples are hypothetical and do not determine your actual liability. Rules checked September 20, 2026; state, professional-gambler, and nonresident treatment require separate review.*
Sources
[1] 26 USC 165(d), including the 2025 amendment and effective-date notes: https://www.law.cornell.edu/uscode/text/26/165
[2] IRS, Topic No. 419, Gambling Income and Losses: https://www.irs.gov/taxtopics/tc419
[3] IRS, Internal Revenue Bulletin 2026-19, proposed regulations reflecting statutory wagering-loss changes (the proposal is supporting context, not the source of the enacted rule): https://www.irs.gov/irb/2026-19_IRB
Keep reading
Questions about your own situation? Book an appointment with the My Tax Fella team.

