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