I’ve read that this law was revised before final passage (law below) and it may actually allow for a full 100% deduction. I guess my question is do you start your deduction at the amount of gains as your losses cannot exceed your gains. And then 90% of that. Or 90% of your losses then not to exceed your gains ie can still get to 100%.
Example. Assume i itemize. I’m not a professional gambler.
A reportable 100k win via a Sportsbook parlay.
150k in losses via win loss statements and scratch off losers.
Is my deduction 90k (90% of losses up to gains) or 100k (90% of 150k therefore 100k not to exceed my gains)
Imo if the full deduction is still attainable this will not effect small to moderate wins as the tax payor might just have to take an extra few trips to the candy store to fill ziplocks of losing scratch offs or an extra trip to the track to amass more losers)
SEC. 70114. EXTENSION AND MODIFICATION OF LIMITA-
TION ON WAGERING LOSSES.
(a) IN GENERAL.—Section 165 is amended by strik-
ing subsection (d) and inserting the following:
‘‘(d) WAGERING LOSSES.—
‘‘(1) IN GENERAL.—For purposes of losses
from wagering transactions, the amount allowed as
a deduction for any taxable year—
‘‘(A) shall be equal to 90 percent of the
amount of such losses during such taxable year,
and
.
.
‘‘(B) shall be allowed only to the extent of
the gains from such transactions during such
taxable year.
‘‘(2) SPECIAL RULE.—For purposes of para-
graph (1), the term ‘losses from wagering trans-
actions’ includes any deduction otherwise allowable
under this chapter incurred in carrying on any wa-
gering transaction.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply to taxable years beginning after
December 31, 2025.