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Understanding the New Gambling Loss Rules: Why “Breaking Even” Could Still Cost You

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For years, many gamblers operated under a fairly simple tax assumption: If you won money and later lost it all, the IRS generally viewed you as breaking even. Starting in 2026, that view changes in a very significant way.

A new provision tied to the 2025 One Big Beautiful Bill Act introduces a limitation that could leave gamblers paying taxes even when they walk away with no actual profit. For high-volume players, the impact can be surprisingly expensive.

A Simple Example That Shows the Problem

Imagine this scenario. You begin the year with $10,000. Over the course of the year, you win $1,000,000. Congratulations! Unfortunately, you continue gambling and ultimately lose the entire $1,000,000, ending the year at your original $10,000.

From a real-world perspective, nothing changed financially. You didn’t make money. You didn’t build wealth. You simply rode the ups and downs and landed where you started. But the IRS may see it differently now. Under prior law, gambling winnings were fully taxable, but gambling losses could generally offset those winnings dollar for dollar (assuming the taxpayer itemized deductions). Based on this scenario, you would have reported $1,000,000 in winnings and deducted $1,000,000 in losses, which means your net taxable gambling income was zero. Despite your massive swings during the year, the tax result reflected the economic reality. No actual gain.

What Changes in 2026

Beginning in 2026, taxpayers can deduct only 90% of gambling losses against gambling winnings. That sounds minor at first glance. In practice, it creates a major disconnect between taxable income and actual cash profit.

If we apply the same scenario as before, you would be able to deduct up to $900,000 in gambling losses, and the IRS will treat you as having earned $100,000 in taxable income. Assuming you find yourself in the 37% tax bracket, your taxable income of $100,000 will now have an estimated federal tax burden of $37,000.

Why High-Volume Gamblers Are Most Affected

This rule disproportionately impacts gamblers with large volumes of wagers, even if their net results are modest or neutral. The issue is that gambling taxes are based on gross winnings, not final profit or loss. Frequent bettors can accumulate substantial taxable income during the year, even if their winnings are later lost. For professional gamblers, poker players, sports bettors, and casino regulars, accurate tracking is more important than ever.

Additional Rules Worth Knowing

There are a few other limitations that make gambling taxation even more complicated:

  • You Must Itemize Deductions. If you take the standard deduction, gambling losses generally provide no tax benefit.
  • Losses Still Cannot Exceed Winnings. Even under the old rules, losses could only offset winnings, not create a net loss deduction.
  • The 90% Limitation Applies Broadly. The new cap applies to both casual and professional gamblers, although reporting methods may differ slightly.
  • Gross Winnings Are Still Fully Taxable. Every dollar of gambling winnings must still be reported as income, regardless of how much was ultimately lost later.

The Takeaway

The new 90% limitation fundamentally changes the tax landscape for gambling activity. Under the upcoming rules:

  • Breaking even is no longer tax-neutral.
  • Large swings in winnings and losses can create unexpected tax bills.
  • Careful documentation and proactive tax planning matter far more than before.

In short: Under the new rules, it is entirely possible to lose everything you win — and still owe taxes.

Insights

As we approach 80 years, Ellin & Tucker remains firmly in the room, driven by a legacy of excellence in teamwork, leadership, and service. Our strength has always been in our people, and together, we’ll continue to stand with the next generation of difference-makers and leaders, ready to shape the future.
Aileen Eskildsen, Chief Executive Officer

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