The 90% gambling loss rule: what breaking even costs in every state
Starting with 2026 returns, gamblers can deduct only 90% of their losses. A year where you broke even now leaves 10% of your winnings taxed, and in some states all of them.
Updated · 2026 tax rules · How we calculate
$3,992
Federal tax on a year that broke even at $50,000
$1,100
of that is from the 90% rule. The rest comes from itemizing.
$7,216
Federal and state tax on the same year in Vermont, the most of any state
For a single filer with $60,000 of wages who won $50,000 and lost $50,000 betting on sports.
How the rule works
Until 2025, you could deduct gambling losses up to the amount you won. From 2026, only 90% of your losses count, still capped at your winnings, and only if you itemize.[87]
So someone who won $50,000 and lost $50,000 can deduct $45,000. The other $5,000 is taxed as income, even though they didn't come out ahead.
Itemizing has its own cost. Losses replace the $16,100 standard deduction for a single filer instead of adding to it.[90] Below about $17,889 of losses, 90% of them doesn't beat the standard deduction, so the losses save nothing and every dollar won is taxed. That was true at a lower line under the old rule too.
What the 90% rule adds, by amount
Federal tax on a break-even year for a single filer with $60,000 of wages.
| Won and lost | Left taxable by the cap | Federal tax at 100% | Federal tax at 90% | Added by the rule |
|---|---|---|---|---|
| $10,000 | $1,000 | $1,550 | $1,550 | $0 |
| $25,000 | $2,500 | $2,892 | $3,442 | $550 |
| $50,000 | $5,000 | $2,892 | $3,992 | $1,100 |
| $100,000 | $10,000 | $2,892 | $5,092 | $2,200 |
| $250,000 | $25,000 | $2,892 | $8,392 | $5,500 |
At $10,000 the rule adds nothing: neither 90% nor 100% of the losses beats the standard deduction, so all of the winnings are taxed either way.
Every state
Tax owed for a single filer with $60,000 of wages who won $50,000 and lost $50,000 betting on sports, living in each state. Most owed first.
| State | State loss deduction | State tax | Federal tax | Total owed |
|---|---|---|---|---|
| Vermont | No deduction[1] | $3,224 | $3,992 | $7,216 |
| Kansas | No deduction[3] | $2,790 | $3,992 | $6,782 |
| Connecticut | No deduction[5] | $2,700 | $3,992 | $6,692 |
| South Carolina | No deduction[6] | $2,605 | $3,992 | $6,597 |
| Wisconsin | No deduction[8] | $2,591 | $3,992 | $6,583 |
| Illinois | No deduction[9] | $2,475 | $3,992 | $6,467 |
| Utah | Limited, 90%[10] | $2,225 | $3,992 | $6,217 |
| Rhode Island | No deduction[11] | $1,990 | $3,992 | $5,982 |
| Louisiana | No deduction[12] | $1,500 | $3,992 | $5,492 |
| Mississippi | Limited, 90%[13] | $1,500 | $3,992 | $5,492 |
| Indiana | No deduction[15] | $1,475 | $3,992 | $5,467 |
| Ohio | No deduction[16] | $1,375 | $3,992 | $5,367 |
| Oregon | Only if you itemize, 90%[19] | $438 | $3,992 | $4,430 |
| Hawaii | Only if you itemize, 90%[22] | $380 | $3,992 | $4,372 |
| Minnesota | Only if you itemize, 90%[23] | $340 | $3,992 | $4,332 |
| Maine | Only if you itemize, 90%[27] | $338 | $3,992 | $4,330 |
| District of Columbia | Only if you itemize, 90%[31] | $325 | $3,992 | $4,317 |
| Delaware | Only if you itemize, 90%[32] | $296 | $3,992 | $4,288 |
| Virginia | Only if you itemize, 90%[33] | $288 | $3,992 | $4,280 |
| Idaho | Only if you itemize, 90%[37] | $265 | $3,992 | $4,257 |
| Georgia | Only if you itemize, 90%[38] | $250 | $3,992 | $4,242 |
| Montana | Only if you itemize, 90%[40] | $248 | $3,992 | $4,240 |
| Maryland | Only if you itemize, 90%[41] | $238 | $3,992 | $4,230 |
| Missouri | Only if you itemize, 90%[44] | $235 | $3,992 | $4,227 |
| New Mexico | Only if you itemize, 90%[45] | $235 | $3,992 | $4,227 |
| Nebraska | Only if you itemize, 90%[46] | $228 | $3,992 | $4,220 |
| Oklahoma | Only if you itemize, 90%[47] | $225 | $3,992 | $4,217 |
| Colorado | Only if you itemize, 90%[50] | $220 | $3,992 | $4,212 |
| Michigan | Only if you itemize, 90%[51] | $213 | $3,992 | $4,205 |
| North Carolina | Only if you itemize, 90%[52] | $200 | $3,992 | $4,192 |
| Iowa | Only if you itemize, 90%[56] | $190 | $3,992 | $4,182 |
| Kentucky | Only if you itemize, 90%[57] | $175 | $3,992 | $4,167 |
| Arizona | Only if you itemize, 90%[58] | $125 | $3,992 | $4,117 |
| North Dakota | Only if you itemize, 90%[61] | $8 | $3,992 | $4,000 |
| Alabama | Only if you itemize, 100%[62] | $0 | $3,992 | $3,992 |
| Alaska | No income tax[64] | $0 | $3,992 | $3,992 |
| Arkansas | Only if you itemize, 100%[65] | $0 | $3,992 | $3,992 |
| California | Only if you itemize, 100%[68] | $0 | $3,992 | $3,992 |
| Florida | No income tax[69] | $0 | $3,992 | $3,992 |
| Massachusetts | Limited, 100%[70] | $0 | $3,992 | $3,992 |
| Nevada | No income tax[71] | $0 | $3,992 | $3,992 |
| New Hampshire | No income tax[72] | $0 | $3,992 | $3,992 |
| New Jersey | Netted against winnings, 100%[73] | $0 | $3,992 | $3,992 |
| New York | Only if you itemize, 100%[74] | $0 | $3,992 | $3,992 |
| Pennsylvania | Netted against winnings, 100%[78] | $0 | $3,992 | $3,992 |
| South Dakota | No income tax[79] | $0 | $3,992 | $3,992 |
| Tennessee | No income tax[80] | $0 | $3,992 | $3,992 |
| Texas | No income tax[81] | $0 | $3,992 | $3,992 |
| Washington | No income tax[82] | $0 | $3,992 | $3,992 |
| West Virginia | Limited, 100%[83] | $0 | $3,992 | $3,992 |
| Wyoming | No income tax[86] | $0 | $3,992 | $3,992 |
Assumes the losses are itemized on the state return wherever they are on the federal one, and leaves out local income taxes. Some states let you itemize separately; see the methodology.
Why states differ
- No deduction at all (10 states). Connecticut, Illinois, Indiana, Kansas, Louisiana, Ohio, Rhode Island, South Carolina, Vermont and Wisconsin tax every dollar won, whatever you lost. A break-even year here costs state tax on the full $50,000.
- Still 100% (8 states). Alabama, Arkansas, California, Massachusetts, New Jersey, New York, Pennsylvania and West Virginia didn't adopt the federal cap. Their own rules allow up to all of your losses, so a break-even year can owe them nothing.
- The federal 90% (24 states). States that start from federal itemized deductions picked up the cap with it.
Could the 100% deduction come back?
No law has restored the 100% loss deduction. The FULL HOUSE Act (Title VII of H.R. 10357) would restore it back to 2026. House Ways and Means approved it on September 16, 2026; it still needs a House vote, the Senate and a signature.[92] Track the FULL HOUSE Act, updated daily from Congress.gov.
To see your own numbers, use the calculator with your losses filled in; “More options” can show the 100% figure. The guide to deducting losses covers what records you need.
Questions
- What is the 90% rule for gambling losses?
- For 2026 on, you can deduct 90% of gambling losses, and no more than your gambling winnings. Recreational gamblers only get the deduction by itemizing on Schedule A.[87]
- If I broke even gambling, do I owe tax?
- Usually, yes. Only 90% of losses are deductible, so 10% of your winnings stay taxable, and you have to itemize to deduct anything, which means giving up the $16,100 standard deduction (single). For a single filer with $60,000 of wages who won $50,000 and lost $50,000 betting on sports, that comes to $3,992 of federal tax.[87]
- Is the 100% gambling loss deduction coming back?
- No law has restored the 100% loss deduction. The FULL HOUSE Act (Title VII of H.R. 10357) would restore it back to 2026. House Ways and Means approved it on September 16, 2026; it still needs a House vote, the Senate and a signature.[92]
Sources
- [1] 32 V.S.A. § 5811. Definitions (Vermont Statutes Online) · checked October 2, 2026
- [2] Vermont 2025 Form IN-111 Instructions · checked October 2, 2026
- [3] K.S.A. 79-32,120, Kansas itemized deductions of an individual · checked October 2, 2026
- [4] Kansas Department of Revenue, 2025 Individual Income Tax Booklet · checked October 2, 2026
- [5] CT DRS IP 2011(27), Income Tax Treatment of Gambling Winnings Other Than State Lottery Winnings · checked September 22, 2026
- [6] SCDOR Information Letter #26-20: Individual Income Tax Reform (August 31, 2026) · checked October 2, 2026
- [7] H.4216, Act No. 110 of 2026 (signed March 30, 2026) · checked October 2, 2026
- [8] Wisconsin Publication 600, Taxation of Gambling Income (03/26) · checked September 22, 2026
- [9] 2025 IL-1040 Schedule M Instructions · checked September 22, 2026
- [10] 2025 Utah TC-40 Instructions · checked September 22, 2026
- [11] 2025 RI-1040 Instructions (RI Division of Taxation) · checked September 22, 2026
- [12] La. R.S. 47:293 Definitions · checked September 22, 2026
- [13] Mississippi DOR, 2025 Individual Income Tax Instructions (Form 80-100) · checked October 2, 2026
- [14] Mississippi DOR, Individual Income Tax FAQs · checked October 2, 2026
- [15] Indiana DOR Individual Income Tax FAQs · checked September 22, 2026
- [16] Ohio Department of Taxation FAQ: Income - General Information · checked October 2, 2026
- [17] 2025 Ohio IT 1040 / SD 100 Instructions · checked October 2, 2026
- [18] Ohio Revised Code 5747.01 · checked October 2, 2026
- [19] Oregon DOR 2025 Schedule OR-A Instructions, Oregon Itemized Deductions · checked October 2, 2026
- [20] Oregon DOR 2025 Publication OR-17, Oregon Individual Income Tax Guide · checked October 2, 2026
- [21] Enrolled Senate Bill 1507 (2026), Section 38 (ORS 316.012) · checked October 2, 2026
- [22] Hawaii Form N-11 Instructions (2025) · checked September 22, 2026
- [23] Minn. Stat. § 290.0122, Itemized deductions · checked October 2, 2026
- [24] Laws of Minnesota 2026, chapter 128 · checked October 2, 2026
- [25] Minnesota Department of Revenue, Gambling Winnings · checked October 2, 2026
- [26] Minnesota Department of Revenue, Tax Law Changes · checked October 2, 2026
- [27] 36 M.R.S. § 5125, Itemized deductions · checked October 2, 2026
- [28] Maine Revenue Services, 2026 Session Legislation Enacted · checked October 2, 2026
- [29] 2025 Form 1040ME Schedule 2, Itemized Deductions · checked October 2, 2026
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- [31] DC 2025 D-40 Booklet (Calculation F; Line 17) · checked September 22, 2026
- [32] Delaware 2025 PIT-RES Instructions · checked September 22, 2026
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- [40] MCA 15-30-2101 Definitions · checked September 22, 2026
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- [42] Md. Code, Tax-General § 10-108 (automatic decoupling) · checked October 2, 2026
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- [51] MCL 206.30(1)(bb) · checked September 22, 2026
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- [68] FTB - Gambling · checked September 22, 2026
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- [70] M.G.L. c. 62, s. 3.B(a)(18) · checked September 22, 2026
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- [75] N.Y. Tax Law § 615 · checked October 2, 2026
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- [77] NY Senate Bill S7876 (in committee) · checked October 2, 2026
- [78] 2025 PA-40 Schedule T and instructions · checked September 22, 2026
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- [86] State of Wyoming (wyo.gov): About Wyoming · checked October 2, 2026
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- [88] IRS, Publication 505 (2026), Tax Withholding and Estimated Tax · checked September 22, 2026
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- [91] IRS, IR-2025-103: 2026 inflation adjustments · checked September 22, 2026
- [92] Congress.gov, H.R. 10357 actions · checked September 22, 2026
- [93] H.R. 10357, Title VII (FULL HOUSE Act), as introduced · checked September 22, 2026