The tax preparer exam contains
questions to assure that tax practitioners are aware of how to report juice cards gambling winnings. In addition, online continuing education courses reinforce understanding of the deduction for gambling losses.
Record keeping by amateur gamblers varies considerably in quality.
But IRS and tax court rulings provide some guidance about the steps a
tax preparer may follow for gambling losses without running afoul
of registered tax return preparer ethics.
The IRS treats amateur gamblers differently than professionals.
Anyone regularly engaged in gambling to profit as a career is entitled
to treat the activity as a business. Alternatively, occasional gambling
as personal entertainment is miscellaneous income.
For either amateur or pro, gaming establishments will issue a W-2G to
anyone with winnings of at least $600. The IRS gets a copy too. A tax
practitioner with an RTRP education knows
to report the income in distinctive ways depending upon whether the
gambler is an ordinary amateur or qualifies as a professional.
Gambling winnings are reported as miscellaneous income for an
amateur. Only the professional gambler subtracts expenses – including
gambling losses – and reports net winnings on Schedule C. Amateur gamblers are entitled to deduct gambling losses only as itemized deductions on Schedule A. For the amateurs infrared ink, the maximum deduction for gambling losses is the amount of gambling winnings reported.
However, the IRS has rules allowing casual players to merely maintain
a record of net winnings or losses for each gambling session.
Consequently, amateur players should report the sum of winning sessions as miscellaneous income and the total of losing sessions as an itemized deduction – up to the amount of winnings.
Amateur gamblers should not provide tax preparation services with records of only net winnings for all sessions combined. When records are this casual, tax preparers should at least obtain any W-2G reporting significant gross winnings.
The IRS guidelines for gambling records stipulate that taxpayers
should record the date and type of each wagering activity along with the
name and address of the gaming establishment. Professionals and
amateurs alike usually track the amount won or lost by recording changes
in their amount of casino credit or chips purchased and redeemed.
IRS Circular 230 Disclosure
Pursuant to the requirements of the Internal Revenue Service
Circular 230, we inform you that, to the extent any advice relating to a
Federal tax issue is contained in this communication, including in any
attachments, it was not written or intended to be used, and cannot be
used, for the purpose of (a) avoiding any tax related penalties that may
be imposed on you or any other person under the Internal Revenue Code,
or (b) promoting, marketing or recommending to another person any
transaction or matter addressed in this communication.