How it works
For tax years starting in 2026, the OBBBA caps the itemized deduction for gambling losses at 90% of those losses, still capped at your winnings as before (26 U.S.C. §165(d), as amended by P.L. 119-21 §70114). Before 2026 it was simply the smaller of 100% of losses or winnings. The 90% haircut can create "phantom income" -- real tax on money you never actually kept -- for anyone whose losses are at or below their winnings for the year, and it only matters if you itemize. More in the gambling loss deduction guide, including six worked examples and the itemizing-flip "double hit" case.