New Tax Law on Gambling Losses: 90% Rule Explained (2026)

Picture this: you won $50,000 at the casino last year and lost$50,000 back. Net profit: zero. You broke even. But when you file your 2026 taxes, you owe $1,400 in federal tax on money you never actually made.

Welcome to phantom income — the most controversial change in the new gambling tax law.

The One Big Beautiful Bill Act (OBBBA), signed into law on July 4, 2025, quietly slipped in Section 13404: a cap that limits gambling loss deductions to 90% of your winnings. That missing 10% becomes taxable income whether you profited or not. In 2026, every gambler in America needs to understand this rule — because the IRS certainly does.

This guide breaks down exactly how the 90% rule works, who gets hit hardest, and what you can do about it. We built a gambling tax calculator for multiple countries and an interactive tool below so you can see your exact exposure in 30 seconds.

TL;DR — What Changed for Gambling Losses in 2026

Key Changes at a Glance

Who Gets Hit Hardest

The 90% cap doesn't affect everyone equally. High-volume players who roughly break even get crushed the most. If you win $100K and lose$95K, your phantom income is $9,500 — and at the 24$2,280 in extra tax** on $5K of actual profit.

Casual gamblers with small wins and losses? Barely notice it. But if you're a regular sports bettor, poker grinder, or casino regular churning five or six figures annually — keep reading.

What Is the New 90% Gambling Loss Deduction Rule?

The Old Rule: Dollar-for-Dollar Deduction (Pre-OBBBA)

Before 2026, the tax treatment of gambling was straightforward. Under IRC §165(d), you could deduct gambling losses dollar-for-dollar up to the amount of your gambling winnings — but only if you itemized deductions on Schedule A.

Won $20,000 and lost$20,000? Taxable gambling income: $0. The math made sense. You reported all winnings as income on Schedule 1 (Line 8b), then subtracted your losses on Schedule A (Line 16), and they canceled out.

The catch was always itemization. If your total itemized deductions (including gambling losses) didn't exceed the standard deduction, you'd take the standard deduction instead — and your gambling losses disappeared. But at least the option to deduct them fully existed.

The New Rule: 90% Cap Under OBBBA (Section 13404)

Section 13404 of the OBBBA changed one number: from 100% to 90%.

Starting January 1, 2026, your gambling loss deduction cannot exceed 90% of your gambling winnings for the tax year. The remaining 10% of your losses? Non-deductible. Gone. Taxable.

Here's the actual formula:

$\text{Max Deduction} = \text{Gambling Winnings} \times 0.90$

In plain English: multiply your total winnings by 0.90 — that's the most you can deduct. Everything above that is phantom income.

What Is "Phantom Income" from Gambling?

Phantom income is the gap between what you actually lost and what the IRS lets you deduct. It's money you never had, but the government taxes you on it anyway.

Here's a concrete example. Say you won $10,000 and lost$10,000:

• Old law: Deduct $10,000 → taxable gambling income =$0
• New law: Deduct $9,000 (90$10K) → taxable gambling income = $1,000

That $1,000 is phantom income. At a 28$280** on a break-even year. The more you gamble, the bigger the phantom number gets.

Use our casino loss calculator to see how session-level losses compound over a full year.

Does This Apply to All Gamblers or Only Professionals?

Both. The 90% cap applies to:

• Recreational gamblers — who deduct losses on Schedule A, Line 16
• Professional gamblers — who report gambling income/expenses on Schedule C

Professional gamblers can still deduct business-related expenses (travel, tournament fees, software subscriptions) in full. But the actual gambling losses are capped at 90% of winnings, just like everyone else.

This was a major point of confusion when the OBBBA first passed. The American Gaming Association lobbied hard for a professional exemption but didn't get one.

The Math: Real-Money Examples of the 90% Rule

Example 1: Casual Casino Gambler ($10K/$10K)

Profile: Weekend slot player, 25 casino visits per year, $400 average session.

Bottom line: You broke even but owe $220. That's the price of two nice dinners — on money you never made. Check the house edge calculator to see how much you're expected to lose per session.

Example 2: Sports Bettor With Net Profit ($30K/$20K)

Profile: Sharp bettor with a 5% edge, handles $600K in annual volume.

Wait — why is the deduction $18,000 and not$27,000? Because the cap is the lesser of actual losses or 90% of winnings. Here, 90% × $30K =$27K > $20K losses, so the cap is$20K × 0.90 = $18K. The 10% penalty applies to your actual losses.

Track your betting edge with our parlay calculator, convert lines with the odds converter, and use the no-vig calculator explained to find fair odds before placing bets.

Example 3: Poker Player ($100K/$95K)

Profile: Semi-professional tournament and cash game player.

This is where it hurts. On $5,000 of actual profit, the 90$9,500) dwarfs the real profit.

Impact on Different Tax Brackets

The same phantom income hits harder at higher brackets:

The higher your income, the more the 90% rule costs you. A high-earning poker player in the 37% bracket pays $3,700 on$10,000 of phantom income — money that doesn't exist.

Gambling Tax Calculator: Old Law vs New 90% Rule (2026)

How to Use This Calculator

Enter your total gambling winnings and losses for the year. Select your filing status and the calculator does the rest — showing you side-by-side what you'd owe under the old law versus the new 90% cap. The phantom income amount and extra tax are highlighted in red.

For a more comprehensive tax analysis across multiple jurisdictions, try our full poker & gambling tax calculator.

How to Report Gambling Losses on Your 2026 Tax Return

Step 1: Track Every Session (IRS Log Requirement)

The IRS requires a contemporaneous gambling log — meaning you write it down at the time of play, not six months later from memory. Per IRS Publication 529, your log should include:

• Date and time of each gambling session
• Name and address of the establishment (or app name for online)
• Type of gambling (slots, blackjack, sports betting, poker)
• Amount wagered per session
• Result (win/loss amount)
• Names of other persons present (if applicable — mainly for poker)

Use our bet tracking spreadsheet to automate session logging for sports bets and casino visits.

Step 2: Report All Winnings on Schedule 1, Line 8b

Every dollar of gambling winnings is taxable income — even if you lost more than you won. Report total winnings on Schedule 1, Line 8b (Other Income). This includes:

• W-2G reported winnings (slots, keno, poker tournaments)
• Sports betting wins (even if the app didn't issue a tax form)
• Table game wins (blackjack, roulette, craps)
• Fantasy sports winnings
• Lottery and raffle prizes

The IRS expects you to report all wins, not just W-2G amounts. If you only report W-2G and your casino player card shows $50K in coin-in, that discrepancy is an audit flag.

Step 3: Itemize Losses on Schedule A, Line 16

Gambling losses are an itemized deduction on Schedule A (Line 16 — Other Itemized Deductions). You must itemize to claim any loss deduction.

In 2026, the standard deduction is:

• Single: $15,000
• Married Filing Jointly: $30,000
• Head of Household: $22,500

If your total itemized deductions (state/local taxes, mortgage interest, charitable gifts, AND gambling losses) don't exceed these amounts, you're better off taking the standard deduction — and you lose the gambling loss deduction entirely.

Can You Deduct Gambling Losses Without Itemizing?

No. There is no above-the-line deduction for gambling losses. If you take the standard deduction, you pay tax on 100% of your gambling winnings with zero offset. This is a major reason the 90% rule particularly hurts moderate-income gamblers who were already on the fence about itemizing.

Step 4: Apply the 90% Cap (New for 2026)

This is the new step for 2026. After calculating your total losses:

1. Multiply your total gambling winnings by 0.90
2. Your deductible losses = the lesser of: actual losses OR (winnings × 0.90)
3. The non-deductible portion (phantom income) is automatically included in your taxable income

Example: $50K winnings,$45K losses.

• Max deduction = $50K × 0.90 =$45K → actual losses $45K ≤$45K cap → deduct $45K in full
• Wait — no phantom income here? Correct! If your losses are ≤ 90% of winnings, the cap doesn't bite. The 90% rule only creates phantom income when losses exceed 90% of winnings — i.e., when you're close to break-even or losing.

How to Prove Gambling Losses to the IRS

What Records the IRS Accepts

The IRS doesn't take your word for it. Per IRS Publication 529 and Revenue Procedure 77-29, acceptable documentation includes:

• W-2G forms — Issued by casinos for wins above reporting thresholds
• Gambling session log — The most important document (see template below)
• Casino player card statements — Request annual win/loss statements from each casino
• Online betting app statements — DraftKings, FanDuel, BetMGM all provide annual summaries
• Bank and credit card statements — Showing deposits to/from gambling accounts
• Losing tickets and receipts — Physical proof of wagers placed
• Tournament entry records — For poker and fantasy sports

Without documentation, the IRS can disallow your entire loss deduction — leaving you liable for tax on 100% of your winnings. Track everything with our profit tracking tools.

The Gambling Session Log Template

Here's what your log should look like:

The key is consistency. Log every session, every time. Not logging a $50 session looks just as bad to an auditor as not logging a$5,000 one.

What Happens If You Get Audited Without Records?

The IRS can (and does) audit gambling deductions — especially when the numbers are large or when your return shows significant gambling income without supporting documentation.

Without records:

• Your entire loss deduction gets disallowed
• You pay tax on 100% of winnings (plus the 90% cap on whatever losses you can prove)
• Potential penalties: 20% accuracy penalty + interest from the filing date
• In extreme cases: fraud penalties up to 75%

The Cohan Rule (Cohan v. Commissioner, 1930) sometimes allows the IRS to estimate deductions when records are incomplete — but gambling deductions have been specifically carved out from Cohan rule protection in many Tax Court rulings. Don't rely on it.

Special Rules for Online Gambling and Sports Betting Apps

Online platforms make record-keeping easier — but also create a bigger audit trail. Key points:

• Apps report to the IRS. DraftKings, FanDuel, and BetMGM file 1099 and W-2G forms automatically
• Your deposit/withdrawal history is subpoena-able — the IRS can request records from platforms
• Multi-platform tracking is critical. If you use 5 apps, you need consolidated records. Use our variance analyzer to track across platforms
• Cryptocurrency gambling adds complexity — record the USD value at the time of each wager

Special Situations: Who Else Is Affected?

Senior Citizens and Gambling Tax Losses

The 90% cap hits retirees disproportionately hard. Here's why:

1. Social Security taxation: Phantom income increases your Modified Adjusted Gross Income (MAGI), which can push up to 85% of Social Security benefits into taxable territory
2. Medicare Part B premiums (IRMAA): Income above $103,000 (single) triggers surcharges. Phantom income from gambling can push you over the threshold
3. Senior citizens gamble more: According to the AARP, adults 65+ account for roughly 30% of casino visits. Many are on fixed incomes where every dollar matters

A retiree who wins $15K and loses$15K at their local casino now has $1,500 in phantom income — which could increase their Medicare premiums by$800+ per year. The actual cost of the 90% rule can be 2-3x the direct tax.

Professional Gamblers (Schedule C Filers)

Professional gamblers file on Schedule C and can deduct gambling-related business expenses:

• Travel to casinos and tournaments
• Home office for online play
• Software subscriptions (poker tracking tools, betting models)
• Tournament entry fees
• Professional development (coaching, training)

However, the 90% cap still applies to gambling losses themselves. Business expenses are separate and fully deductible. The calculation:

1. Report all winnings as gross income on Schedule C
2. Deduct business expenses in full
3. Deduct gambling losses up to 90% of winnings
4. Pay self-employment tax on net Schedule C income

The Full House Act: A Counter-Proposal to Restore Deductions

Bipartisan lawmakers introduced the Full House Act (H.R. 2075) to repeal Section 13404 and restore the 100% loss deduction. Key supporters:

• Rep. Dina Titus (D-NV) — Las Vegas representative, original sponsor
• Rep. Guy Reschenthaler (R-PA) — Co-sponsor from a state with major gambling revenue
• American Gaming Association — Primary industry lobby pushing for repeal

As of February 2026, the Full House Act has been referred to the House Ways and Means Committee but has not received a floor vote. Passage is uncertain given that the OBBBA was designed as a revenue-raiser — repealing Section 13404 would cost the Treasury an estimated $2.2 billion over 10 years.

Monitor its progress: If the Full House Act passes, the 90% cap would be retroactively repealed for the 2026 tax year.

State-Level Gambling Tax Rules (They Vary!)

The 90% cap is a federal rule. State tax treatment varies wildly:

In states like Pennsylvania and Illinois, you pay state tax on 100% of winnings regardless of losses. Combined with the federal 90% cap, this creates a devastating double hit.

5 Strategies to Minimize Gambling Taxes Under the New Law

#1: Use Session-Based Reporting Where Allowed

The IRS allows "session-based" reporting for some forms of gambling (per Rev. Proc. 2015-6 and IRS guidance). Instead of reporting every individual win, you report the net result of each gambling session.

Example: You play 4 hours of blackjack. Individual hands show $12,000 in wins and$11,500 in losses. Session result: +$500. You report$500, not $12,000.

This reduces your reported winnings, which reduces the base that the 90% cap applies to. Session-based reporting is most clearly allowed for table games and slots — sports betting session rules are less defined.

#2: Keep a Meticulous Gambling Log

This isn't just about proving losses — it's about maximizing your deductible amount. Without documentation, the IRS can disallow everything. With a detailed log, you can substantiate every dollar.

Use our bet tracking spreadsheet to automate this process for online bets.

#3: Track Your Effective Tax Rate With Our Calculator

Don't guess. Use our gambling tax calculator above or the comprehensive tax calculator to model different scenarios:

• What if I gamble less this year?
• What if I win $20K instead of$50K?
• Does changing filing status help?

The Kelly Criterion calculator can also help you optimize bet sizing to manage your bankroll and tax exposure simultaneously. Pair it with our staking plan calculator for a complete strategy.

#4: Consider Filing Status Optimization

Gambling income can push you into a higher bracket. If you're married, run the numbers for:

• Married Filing Jointly — higher standard deduction ($30,000), wider brackets
• Married Filing Separately — may be advantageous if one spouse gambles and the other doesn't

Warning: MFS comes with significant trade-offs (loss of earned income credit, education credits, etc.). Always run both scenarios.

#5: Consult a Tax Professional Experienced in Gambling

The 90% rule is brand new. Most tax software hasn't fully integrated it yet. A CPA or Enrolled Agent who specializes in gambling tax can:

• Ensure correct session-based reporting
• Identify all deductible business expenses (for professionals)
• Navigate state-level variations
• Represent you in an audit
• Advise on estimated tax payments to avoid underpayment penalties

The IRS estimates that gambling audit adjustments average $12,000 — far more than the cost of professional tax help.

Use our bankroll calculator to understand how much you can afford to gamble after accounting for the new tax reality. Whether you play blackjack, sports betting, or roulette strategies like the 24+8 dozens-and-straight-ups method, the 90% cap applies equally to all forms of gambling.

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