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tax deduction question

Posted on 4/10/24 at 12:31 pm
Posted by ks_nola
Bozeman
Member since Sep 2015
497 posts
Posted on 4/10/24 at 12:31 pm
typically file using standard deduction. this year I have W2G to claim but at same time have equal loses to write those off. however the amount is enough to put me over using the standard deduct but now I don't have enough other deduction to claim and have to pay more tax on my regular income since the W2g gain and lose cancel each other.

basically i'm having to pay more tax on my income because i gambled and won on paper even though I have more loses for the year. any suggestion to avoid this?
This post was edited on 4/10/24 at 1:59 pm
Posted by lsu for the win
Member since Jun 2022
810 posts
Posted on 4/10/24 at 1:20 pm to
Nope. Nothing you can do. You’re not a professional gambler so do not put it on a schedule C. That’s a huge audit flag waiting to bite you in the arse.
Posted by cfotiger
Baton Rouge
Member since Oct 2011
771 posts
Posted on 4/10/24 at 3:29 pm to
It's a complete ripoff. Very unfair provision of the tax code.

What's even worse is gambling winnings in one year and losses in another year. Winnings are taxable and losses nondeductible!
Posted by TheWalrus
Member since Dec 2012
40453 posts
Posted on 4/10/24 at 5:22 pm to
The tax laws suck for gamblers, you should just be able to report a net win for the year
This post was edited on 4/10/24 at 5:23 pm
Posted by baldona
Florida
Member since Feb 2016
20422 posts
Posted on 4/10/24 at 7:11 pm to
Are we really arguing that gambling losses should be a tax write off? Lets think about how that would go for a bit in the grand scheme of things

ETA: if you want to argue it should be a write off equal to your winnings and never against your losses, I’d be fine with that.
This post was edited on 4/10/24 at 7:13 pm
Posted by faraway
Member since Nov 2022
1957 posts
Posted on 4/10/24 at 7:20 pm to
quote:

basically i'm having to pay more tax on my income because i gambled and won
I wonder if everyone reports these winnings
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37042 posts
Posted on 4/10/24 at 9:09 pm to
The common refrain of “gambling losses can offset gambling winnings” is one if the biggest “not so fast my friends” provisions in the tax code.
Posted by Weagle25
THE Football State.
Member since Oct 2011
46184 posts
Posted on 4/10/24 at 9:18 pm to
quote:

Are we really arguing that gambling losses should be a tax write off? Lets think about how that would go for a bit in the grand scheme of things ETA: if you want to argue it should be a write off equal to your winnings and never against your losses, I’d be fine with that.

Situation A: Guy making $100k salary. No gambling winnings or losses.

His taxable income will be $86,000

Situation B: Guy making $100k salary. Wins $20k/loses $20k in a year.

His taxable income will be $100,000.


That’s what he’s arguing against. They want it deducted in a different part of the return to prevent this. Guy B doesn’t get the standard deduction because he has to itemize to take the gambling losses.
Posted by Weagle25
THE Football State.
Member since Oct 2011
46184 posts
Posted on 4/10/24 at 9:19 pm to
quote:

wonder if everyone reports these winnings

If you’re gambling through legit companies, you’re getting a W-2G and better pick it up because the irs already knows about it.
Posted by ks_nola
Bozeman
Member since Sep 2015
497 posts
Posted on 4/11/24 at 11:02 am to
Yes you should be able to offset loses with wins but not just loses alone. The tax situation for gambling is not really upfront and clear especially with all the new patrants who probably have no clue. When I've had a taxable wins I've never received any notification at that time nor was any tax withheld. If someone didn't read the 300 pages of terms and conditions they're in a for nice surprise when that W2G shows up.

I'm the situation B guy and it sucks. this rule needs to be revised.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37042 posts
Posted on 4/11/24 at 11:37 am to
quote:

I'm the situation B guy and it sucks. this rule needs to be revised.


The rules for gambling were written when "legal" gambling was much less popular, and also before the standard deduction increased.

The Democrats would not want to change this policy because it would be a tax cut.

The religious right / moral conservatives would not want to change this policy because it would be seen as "supporting" gambling.

I don't see it changing.
Posted by ks_nola
Bozeman
Member since Sep 2015
497 posts
Posted on 4/12/24 at 12:35 pm to
Follow up question - would stocks have the same affect as gambling in this situation?

Situation A: Guy making $100k salary. no stock market actives.

His taxable income will be $86,000

Situation B: Guy making $100k salary. stock market profits $20k on one stock and loses $20k on another stock in a year.

His taxable income will be $86k or $100K?

seems they should be treated the same way if they aren't either way a zero net gain shouldn't change your taxable income
Posted by Dead Mike
Cell Block 4
Member since Mar 2010
3376 posts
Posted on 4/12/24 at 2:19 pm to
We can logically deduce that the federal government is more likely to incentivize/subsidize capital investments (stocks, bonds, private equity, real estate) than outright gambling.
Posted by ks_nola
Bozeman
Member since Sep 2015
497 posts
Posted on 4/12/24 at 2:57 pm to
Probably true but why. both have risk. gambling is with money that has already been taxed. the operator pays tax on money you lose. you can write off stock losses ($3k) per year without having any gains. so why should someone be penalized for gambling when overall it was a net loss for the year?
Posted by Weagle25
THE Football State.
Member since Oct 2011
46184 posts
Posted on 4/12/24 at 10:53 pm to
quote:

Follow up question - would stocks have the same affect as gambling in this situation?

No. Netted before being included in income.
Posted by Weagle25
THE Football State.
Member since Oct 2011
46184 posts
Posted on 4/12/24 at 11:01 pm to
quote:

Probably true but why. both have risk

There’s very clear differences in investing in the stock market and gambling. And if you don’t know them, then you probably don’t need to do either of them.

Investing in the stock market is an overall good for society and investors.

Gambling is a vice which you should be free to do. But there’s very clear reason why somebody would want to discourage you from doing it.
Posted by ks_nola
Bozeman
Member since Sep 2015
497 posts
Posted on 4/13/24 at 6:36 am to
Agreed there are fundamental differences but in today’s society the stock market is treated as a casino by many and many have lost. Do you honestly think people should have to pay more taxes if caught in the situation I presented? I gained nothing but now owe more because I participated in a “vice”. The government still got revenue from imy play just like they would with stocks.
Posted by OceanMan
Member since Mar 2010
20002 posts
Posted on 4/13/24 at 8:59 am to
quote:

Probably true but why. both have risk. gambling is with money that has already been taxed. the operator pays tax on money you lose. you can write off stock losses ($3k) per year without having any gains. so why should someone be penalized for gambling when overall it was a net loss for the year



You just said it. Even with stocks, your losses are very limited, they basically just offset gains with a minor $3k deduction. They do get suspended if not deductible in the current year, but again we are talking about capital assets.

If you were able to just deduct gambling losses year to year, you would be able to manage your income with self-reported losses. You could buy casino chips at the end of the year and say you lost them.

I don’t blame the IRS one bit for not allowing leeway to deduct losses for gambling, as that person is clearly a risk taker and more likely to take an aggressive tax position.


Now, as another poster pointed out these rules are old and outdated in several ways. Mobile sports betting, in which it’s just as easy to track losses as gains, could easily report a net figure for the year. And itemizing really only works in rare circumstances, mostly for high earners. So the rules could be updated, but allowing deductible net losses is not within that scope.
Posted by OceanMan
Member since Mar 2010
20002 posts
Posted on 4/13/24 at 9:05 am to
Further, when you lose in gambling, someone else wins - so the government makes their cut on the winner. Allowing the losses to also be deductible creates a zero net income tax situation. Could even be negative because casinos often operate at a tax loss.

At least with sales of goods, a deductible purchase is subject to sales tax, and other indirect usage taxes such as fuel for freight of the item. With gambling, the product is cash that has no such usage tax.
Posted by plaric
Pike Road, Alabama
Member since Jun 2011
2204 posts
Posted on 4/13/24 at 9:20 am to
If you want to gamble and be able to write it off cleanly get you an E*Trade account and start day trading lol
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