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Originally Posted by Black Aces 518
It’s ridiculous because if I win $2000 then lose $2000 I didn’t have “income”. I should be taxed on the income I have for the year. If I broke even gambling there isn’t income.
The stock example would be if I bought stock at $50 then sold it at $50 then getting taxed on the full $50 despite not actually having income.
It doesn’t matter if a rec gambler views themselves as a kind of business with income and expenses. Individuals are not businesses under the law, unless they are actually incorporated.
If you win $2000 and then lose $2000 you *did* have “income”, both by definition, and also by IRS guidelines. What you didn’t have is “profit”. Those are two different things. We don’t have an individual “profit” tax in the US, because historically it’s harder for the IRS to track expenses than it is revenue. Businesses are allowed to deduct most expenses because businesses have much higher reporting requirements which make it easier for the IRS to track the expense part of the equation. This is the same reason you are allowed to deduct stock losses. Your brokerage is responsible for the reporting. Not you. When individuals are required to do the same kind of record keeping, or when technology just makes it easier for the government to track things, then I think you might see individuals treated more like businesses. But like I mentioned before, this will undoubtedly be a double-edged sword.
I totally understand how you or anyone else might view it as being unfair, since you believe you should be taxed on profit, not income, like a business. While that is certainly not exactly how it works with rec gambling, it’s pretty close. You are allowed to deduct losses up to winnings. The marginal standard deduction increase in 2017 might make it so a relatively small number of rec gamblers find it more beneficial not to itemize. While that may or may not be good for them individually, I hardly see how this represents a “ludicrous” situation, or some sort of monumental change in the law. Itemization is still a thing for federal tax purposes. And I will have you know that there are jurisdictions which don’t even allow deduction of things like poker tourney entries at all. No at all. I can imagine what you might think of the fairness something like that.