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Professional vs. recreational gambler

How the IRS decides whether gambling is your business, and what changes on your return if it is.

Updated · 2026 tax rules · Calculator

The test

The Supreme Court set it in Commissioner v. Groetzinger (1987): gambling is a business if you pursue it "full time, in good faith, and with regularity, to the production of income for a livelihood," and not as a hobby.

Frequent play isn't enough. Winning isn't required either. The question is whether gambling is how you make your living, run like a business, with records to show it.

Sources:[1]

Recreational: most people

Winnings go on Schedule 1 as other income. Losses only count if you itemize on Schedule A, at 90% and capped at winnings. No self-employment tax.

Sources:[2]

Professional

Winnings and losses go on Schedule C as a business. You can deduct gambling-related expenses such as travel and data subscriptions without itemizing, but they count as wagering losses: 90% of losses plus expenses, capped at winnings. You can't show a net loss.

The cost is self-employment tax on your net profit, on top of income tax.

Sources:[5][2]

Which is better

Professional status mainly helps someone who can't itemize, because it gets losses deducted without Schedule A. It costs self-employment tax on any profit and invites scrutiny. Claiming it without a business-like operation behind it is a common audit loser. Talk to a tax professional before filing this way.

Sources:[5]

Questions

Do professional gamblers pay self-employment tax?
A professional gambler reports on Schedule C and pays self-employment tax. Losses and expenses are also limited to 90%, and can't create a net loss.[5]

Related

Sources

  1. [1] Commissioner v. Groetzinger, 480 U.S. 23 (1987) · checked September 22, 2026
  2. [2] 26 U.S. Code § 165(d) (wagering losses) · checked September 22, 2026
  3. [3] IRS, Publication 505 (2026), Tax Withholding and Estimated Tax · checked September 22, 2026
  4. [4] IRS, Topic 419, Gambling income and losses · checked September 22, 2026
  5. [5] IRS, Publication 525, Taxable and Nontaxable Income · checked September 22, 2026