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1. Where To Report Gambling Losses On Tax Return California
2. Where To Report Gambling Losses On Tax Returns

Where To Report Gambling Losses On Tax Return California

The total of multi-session wins would be reportable as “other income” on Form 1040 but the total of multi-session losses would be reported on Schedule A under “Other Itemized Deductions,” up to the amount of your winnings.

1. Use Form 1099G to report your gambling losses on your federal income tax return. The IRS mails this form no later than Jan. It shows the total amount of your gambling winnings, which you must claim on Form 1040, line 21.
2. You cannot deduct more in gambling losses than you report in gambling winnings on your federal income tax return. Also, you must be able to prove the amount of your losses with the records noted above. To deduct gambling losses, complete Schedule M1SA, Minnesota Itemized Deductions.
3. Per IRC § 165(d) the deduction for gambling losses has been limited. For tax years beginning before 2018, a professional gambler could deduct all trade or business expenses incurred in gambling activities, and could deduct gambling losses up to the amount of gambling winnings.

Can You Net Gambling Wins With Gambling Losses on Your Tax Return?

Taxpayers who gamble casually (meaning they do not qualify as being professional gamblers under the tax code) can net wins and losses within a single session of gambling, but not from different days. The total of multi-session wins would be reportable as “other income” on Form 1040 but the total of multi-session losses would be reported on Schedule A under “Other Itemized Deductions,” up to the amount of your winnings.

Because casinos report larger winnings to the IRS on Form W-2G, failing to use this method may cause the IRS to see a discrepancy and trigger an audit. The general IRS advice on this topic can be found on the IRS’s website (click here).

The netting ofwins and losses is addressed by the Tax Court in Shollenberger v.Commissioner, T.C. Memo. 2009-306 (2009), where the court followed IRSguidance in stating:

A key question in interpreting §165(d) is the significance of the term “transactions.” The statute refers to gains and losses in terms of wagering transactions. Some would contend that transaction means every single play in a game of chance or every wager made. Under that reading, a taxpayer would have to calculate the gain or loss on every transaction separately and treat every play or wager as a taxable event. The gambler would also have to trace and recompute the basis through all transactions to calculate the result of each play or wager. Courts considering that reading have found it unduly burdensome and unreasonable. See Green v. Commissioner, 66 T.C. 538 (1976); Szkirscak [sic] v. Commissioner, T.C. Memo. 1980-129. Moreover, the statute uses the plural term “transactions” implying that gain or loss may be calculated over a series of separate plays or wagers.

The better view is that a casual gambler, such as the taxpayer who plays the slot machines, recognizes a wagering gain or loss at the time she redeems her tokens. We think that the fluctuating wins and losses left in play are not accessions to wealth until the taxpayer redeems her tokens and can definitively calculate the amount above or below basis (the wager) realized. See Commissioner v. Glenshaw Glass Co., 348 U.S. 426 (1955). For example, a casual gambler who enters a casino with $100 and redeems his or her tokens for $300 after playing the slot machines has a wagering gain of $200 ($300-$100). This is true even though the taxpayer may have had $1,000 in winning spins and $700 in losing spins during the course of play. Likewise, a casual gambler who enters a casino with $100 and loses the entire amount after playing the slot machines has a wagering loss of $100, even though the casual gambler may have had winning spins of $1,000 and losing spins of $1,100 during the course of play. [Fn. ref. omitted.]

Thus, the net win from the session as a whole (e.g., when the taxpayer actually cashes out for the day) would be reported under “other income” while the net loss from another day’s session would belong on Schedule A.

Fortunately, those who use casinos’ player cards often can get a statement from the casino breaking down daily wins and daily losses. Some casinos, however, decline to provide this level of detail to their own customers despite having such records. Instead, those casinos will provide only an annual net win or loss statement. As this may cause problems in an IRS audit if the auditor is a stickler for technicalities, a taxpayer may prefer to patronize casinos which provide the additional detail as a higher-level of customer service.

The author of this post is Daniel W. Layton, a former IRS trial attorney and ex-federal prosecutor in the Tax Division of the Los Angeles U.S. Attorney’s Office. He is a tax attorney representing private clients in Newport Beach and Fullerton, Orange County, California.

Posted on 12/11/2019 by Daniel Layton.

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If you had a successful night at the slots or poker tables, you're going to have to share some of the lucky proceeds with Uncle Sam. The Internal Revenue Service generally requires that you report your gambling winnings and losses separately when you file your taxes rather than combining the two amounts.

Record Keeping

As you gamble during the year, you need to keep records of your winnings and losses so that you can support whatever figures you report on your taxes. The IRS permits you to use per-session recording, which means that instead of recording whether you won or lost each time you pull the slot machine, you can simply record your total for the session. Your records should include the date and type of gambling, where you gambled and if you gambled with anyone else, such as a home poker game. If you win more than $600, you should receive a Form W-2G from the casino.

Taxable Winnings

When figuring your gambling winnings, only include the winnings from each session rather than using losses to offset your gains. You have to include gambling winnings even if you didn't receive a Form W-2G from the casino. For example, if you gambled six times during the year, winning $100, $3,000, $4,000 and $6,000 but losing $5,000 and $2,000, your gambling winnings for the year are $13,100. This amount gets reported on line 21 of your Form 1040 tax return.

Gambling Losses

To claim your gambling losses, you have to itemize your deductions. Gambling losses are a miscellaneous deduction, but -- unlike some other miscellaneous deductions -- you can deduct the entire loss. The deduction goes on line 28 of Schedule A and you have to note that the deduction is for gambling losses. For example, if you lost $5,000 on one occasion and $7,000 on another, your total deduction is $12,000.

Gambling Loss Limitation

You can't deduct more in gambling losses than you have in gambling winnings for the year. For example, suppose you reported $13,000 in gambling winnings on Line 21 of Form 1040. Even if you lost $100,000 that year, your gambling loss deduction is limited to $13,000. Worse, you aren't allowed to carry forward the excess, so if you had $87,000 in losses you couldn't deduct last year, you can't use that to offset the gambling income from the current year.

Where To Report Gambling Losses On Tax Returns

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