Gambling Tax Deductions

Since the MGM casino opened in August, gamblers have reportedly wagered more than $428 million on MGM Springfield’s slot machines that generated about $40 million in revenue for MGM and reportedly another $18.5 million in revenue from table games. This is in addition to the $2 billion or so per year wagered at the Plainridge Park Casino that generates $170 million in revenue. All of this revenue came out of the pockets of those eager to try their luck.

Gambling Income Tax Deduction

As an example, let’s say that in a given year you went gambling twice, winning $6,000 in one instance, but losing $8,000 in another. In this case, you can only deduct $6,000 from that $8,000 loss.

In Massachusetts, gross income is defined as federal gross income as defined in the Internal Revenue Code as of January 1, 2005 with certain modifications. Federal gross income is all income from whatever source derived unless specifically excluded. Federal gross income includes winnings from all types of gambling, including lottery, slot parlor and casino. However, federal law allows taxpayers to deduct their losses to the extent of any gambling winnings as an itemized deduction.

For example, if a taxpayer won $5,000 in a casino for federal tax purposes they could deduct losses up to the full amount of winnings. For taxpayers who gamble frequently, it would not be unusual for losses to equal or exceed winnings. So for federal purposes after the deduction for losses, it was possible that very little income was reported on the federal tax return. The burden is on the taxpayer to prove any losses (see Rev proc 77-29, 1977-2 CB 538).

However, if the taxpayer was a Massachusetts resident, the full $5,000 would be included in Massachusetts income with no offsetting deduction. So if the taxpayer won $5,000 on a lucky visit to the casino but let it ride and actually lost all $5,000 of it, for federal tax purposes that taxpayer would have net federal income of zero. However, if the taxpayer lived in Massachusetts, the full $5,000 would be included in state income with no offsetting deduction so the taxpayer would pay state income tax on the full $5,000.

• There are a number of aspects of the gambling tax that aren't exactly fair. Let's tally them. Net wins are taxable, but you can't deduct net losses. As we saw above, you can't deduct more than you win. If you win $1500 and lose $500, you pay tax on $1000 of winnings.
• Reporting Gambling Profits and Loss on Your Taxes Gambling Losses Can Be Deducted on Schedule A. If you itemize your deductions, you can deduct your gambling losses for the year on Schedule A. However, you can only deduct your loss up to the amount you report as gambling winnings.
• The deduction can only be claimed if you choose to file Schedule A, Itemized Deductions. You should also have receipts, tickets, statements and documentation such as a diary or similar record of your losses and winnings to support your deduction claim.

Fortunately, the law that expanded gaming in Massachusetts contained provisions that allow taxpayers to deduct casino losses to the extent of gambling winnings. However, the law only applies to losses incurred at a gaming establishment licensed in Massachusetts.

Therefore, in the example above, if the Massachusetts taxpayer won $5,000 at the tables at MGM in Springfield, Massachusetts, and then took a trip to Connecticut and lost the $5,000 at the Mohegan or Foxwood casino, no deduction would be allowed when computing Massachusetts income tax.

Categorized:Gambling, Taxes

Gambling Losses Tax Deduction 2019

Tagged In:casino, gambling losses, Income Tax, tax deduction