Claiming Gambling Losses Irs

The IRS requires you to keep a diary of your winnings and losses as a prerequisite to deducting losses from your winnings. As noted, the IRS requires that you maintain records of your gambling activities if you hope to deduct losses. Deductible gambling expenses include travel expenses to or from a casino.

We doubt that anyone ever woke up thinking, “Gee, I hope I get audited by the IRS this year”. An IRS audit could easily be one of the worst things that could happen to you this year. So if you want to avoid receiving that ominous letter from the IRS that your 2015 tax return is being audited here are seven red flags you need to totally avoid.

Not reporting all of your taxable income

You can report as much as you lost in 2019, but you cannot deduct more than you won. And you can only do this if you’re itemizing your deductions. If you’re taking the standard deduction, you aren’t eligible to deduct your gambling losses on your tax return, but you are still required to report all of your winnings.

Those 1099’s and W-2s you received this past January? You weren’t the only one that got them. The IRS got them too. It’s important to make sure you report all of the required income on your return. The computers used by the IRS are pretty darn good at matching the numbers on your return with the numbers on your 1099s and W-2s. If they turn up a mismatch this will create a red flag and the IRS computers will spit out a bill. If those darn computers do make a mistake and you receive a tax form that shows income that wasn’t yours or lists incorrect amounts of income, you will need to get the issuer to file the correct form with the IRS. And what about that income you earned on those side jobs? In most cases you should have received a 1099 documenting your earnings. If not, this is definitely a case where it’s better to be safe than sorry and report it.

Taking deductions that are higher than average

If the IRS spots deductions on your return that are disproportionately large in comparison with your income, it may pull your return for review. For example, a very large medical expense –again out of proportion to your income – could cause a red flag. However, if you do have the documentation to support the deduction then don’t be afraid to claim it.

Claiming really big charitable deductions

Charitable deductions can be a great write off. Plus, when you contribute to a charity it can make you feel all fuzzy and warm inside. However, if those deductions are disproportionately large in comparison with your income, it will raise a red flag. The reason for this is because the IRS knows what is the average charitable deduction for people at your level of income. Did you donate some very valuable property? In this case we hope you got an appraisal for it. Did you make a non-cash donation over $500? Then you better make sure you file form 8283. if you don’t file this form or if you don’t have an appraisal supporting that big donation you’ll become an even bigger target for auditing.

Claiming big gambling losses or not reporting gambling winnings

If you’re a recreational gambler you must report your winnings as “other income” on the front page of your 1040 form. If you’re a professional gambler you will need to report your winnings on Schedule C. If you don’t report gambling winnings this can draw the attention of the IRS – especially in the event that the casino or other venue reported your winnings on form W-2G. It can also be very risky to claim big gambling losses. In fact, what you should do is deduct your losses only to the extent that you report your gambling winnings. For example, if you were to report you had won $5000 gambling but had losses of $20,000, this could cause a red flag. Also, only professional gamblers can write off the costs of meals, lodging and other expenses related to gambling. And the surest way to invite an audit is by writing off what you lost at gambling but no gambling income. If you’ve done any of these things, or are worried about some other common tax return mistakes, it might be wise to file an amended tax return and account for those wins or losses correctly.

Writing off a hobby as a loss

You will dramatically increase the odds of “winning” an IRS audit if you file a schedule C showing big losses from any activity that could be considered a hobby such as jewelry making, coin and stamp collecting, dog breeding, and the like. IRS agents are especially trained to ferret out people who improperly deduct losses associated with a hobby. You must report any income your hobby generated or whatever but can then deduct your expenses up to that income level. But the IRS will not allow you to write off losses from a hobby. So if you want to write off a loss you must be running your hobby as if it were a business and must have the reasonable expectation of generating a profit. As an example of how this works if your hobby generates a profit in 3 out of every 5 years then the IRS will presume that you’re actually in business to make a profit unless it can prove something to the contrary. Of course, if you’re unfortunate and win the audit lottery the IRS will make you prove that you do have a legitimate business and that it’s not just a hobby. So make sure you keep all documents that support your expenses.

If you report income from self-employment of $100,000 or more

Let’s suppose that you’re self-employed, had a really great year and had earnings of $100,000 or more you are reporting on schedule C. This is likely to trigger an IRS audit because according to the IRS people who file a schedule C are more likely to under report their income and overstate their deductions. What this means is that if you earn $100,000 or more and are reporting it on schedule C you’ll need to make sure you have the documentation necessary to support your deductions and again, make sure you report all your income very accurately.

If you work in certain industries

The IRS knows based on past audit experience that there are certain activities or industries that have a higher incidence of what’s technically called noncompliance but really means cheating on their taxes. Included in this group are the tax returns of air service operators, gas retailers, auto dealers, attorneys and taxi operators. So, if you’re employed in one of these industries or activities and don’t want to suffer an IRS audit, it’s best to follow the old adage that honesty is the best policy.

Many taxpayers ask: How can I avoid an IRS audit? There’s no 100 percent guarantee that you won’t be picked because some tax returns are chosen randomly. However, completing your returns in a timely and accurate fashion with your trusted HK tax adviser certainly works in your favor, and it helps to know the red flags that might catch the attention of the IRS.

What are your chances of being audited? For individuals, it depends on your income. In fiscal year 2013, returns reporting income under $200,000 stood a 0.88 percent chance of an audit. Those with incomes of $200,000 and more had a 3.26 percent chance. If your income was $1 million or more, you had a 10.85 percent chance.

What entries on your return are likely to result in a letter from the IRS? Here’s a list of 23 items some tax preparers believe can trigger an audit. Some items only apply to individuals or self-employed people who file a Schedule C, while others apply to both individuals and businesses. In some cases, items are likely to only generate a letter from the IRS requesting documentation for the item.

1. Outsized charitable contributions. The IRS publishes data on the average size of charitable contributions for various income levels. If you take a deduction for an amount that is much larger than the averages, you could hear from the IRS.

2. Large property contributions. Significant charitable contributions of property require an appraisal and certain return attachments. Appraisals are often challenged by the IRS.

3. Unmatched alimony. For example, if you take a deduction for $24,000 of alimony, your ex-spouse should be reporting $24,000 of income.

4. High mortgage interest. The maximum amount of qualified home indebtedness is $1.1 million (including home equity loan). A mortgage interest deduction that’s in excess of a certain percentage of the debt limit could indicate an excessive deduction.

5. Unreported income. Failure to report gambling winnings, interest and dividends, non-employee compensation (1099-MISC), K-1 items, etc. may just trigger a letter and bill from the IRS — or it could generate an audit.

6. Unreported income from “crowdfunding.” Entrepreneurs, artists, charities, and others may find it easy today to raise money on the Internet through crowdfunding websites.

If the money starts rolling in, these individuals and organizations likely have to report it to the IRS as taxable income. (Expenses associated with the activities can be claimed as deductions.) Many people raising money online view their endeavors as non-taxable hobbies. This could eventually result in an IRS audit.

If you’re involved in crowdfunding, seek the guidance of your HK tax adviser to ensure your activities are properly reported on your tax return.

Claiming Gambling Losses Irs Underpayment

7.Gambling losses. You’re allowed to deduct losses on Schedule A up to the amount of your winnings, but the IRS knows that many taxpayers don’t keep the required records.

8. Miscellaneous itemized deductions. Breaking the two percent of adjusted gross income threshold is difficult, so large miscellaneous, itemized deductions may perk the interest of the IRS.

9. Foreign bank accounts. Checking the box indicating that you have a foreign bank account on Schedule B could increase your chances of an audit. However, not checking the box when you should could, too. The IRS continues to get information on many foreign bank accounts.

10. Unreimbursed employee business expenses. These expenses may be deductible, but substantial amounts are likely to raise questions because they are frequently reimbursed by an employer. If the expenses involve travel and entertainment or auto usage, your chances of hearing from the IRS may increase further.

11. Cash transactions. Banks and merchants are required to report cash transactions in excess of $10,000.

12. Rental losses of a real estate professional. A qualifying individual can deduct rental losses in excess of the usual $25,000 limit. Meeting the required time limit involved in real estate activities and substantiating it isn’t easy. Checking the box on Schedule E could increase your audit chances.

13. Casualty losses. This can be a complicated area where appraisals and other outside information may be required.

14. Bad debt losses. Again, this is often a complex area. Many taxpayers lose on this issue because they can’t show a bona fide debt existed or that a loss occurred in an earlier or later year.

15. Home office. If you use a portion of your home exclusively for your business, you can deduct the expenses and depreciation associated with the space. However, you have to show the business connection and that the space was used exclusively for business. Both can be challenged by the IRS. The tax agency can also question the expenses involved in a home office. There’s plenty of opportunity for an IRS auditor to make adjustments. In general, the higher the percentage of the home claimed for business, the greater your audit chances.

16. Day-trading losses. Claiming to be a stock market day trader and taking losses on Schedule C is a red flag.

17. Net operating loss. If your business (sole proprietorship, S corporation, partnership) has losses, you may have a net operating loss (NOL) that can be carried back or forward to offset income in other years. You may be asked to substantiate the loss if you claim a refund for an earlier year or on a later return where the NOL is used.

Claiming Gambling Losses In 2018

18. Rental losses. These could be challenged if there’s no revenue from the property.

19. Hobby losses. Multi-year losses on Schedule C (or a pass-through entity such as an S corporation) may be scrutinized, particularly if the business is listed as one that has elements of personal pleasure, such as horse breeding, photography, or auto racing. Your audit chances increase if the losses offset substantial other income on the return.

If you file a business return, there are other triggers. Some of them also apply to rental properties.

20.Travel and entertainment. Because of the recordkeeping requirements, and the fact that some deductions can be questionable, this is a ripe area for the IRS.

Claiming Gambling Losses Irs Statute Of Limitations

21. Auto usage. The IRS is aware that many taxpayers fail to keep the required records, making this a fruitful area for an IRS adjustment during an audit.

Claiming Gambling Losses Irs Offset

22. Repairs and maintenance. What business property owners believe is a repair and what the tax law considers a repair is often different. The IRS may require you to capitalize and depreciate expenses that you deducted.

Claiming Gambling Losses Irs

23. Zero officer salaries for an S corporation. If an S corporation is active, showing no salary for officers is a red flag.

These are only some of the items that can trigger an audit. What should you do if you have them on your return? If you’re entitled to tax breaks, it doesn’t make sense not to claim them. Just make sure you have the required records and tax law justification to back them up. For example, if you’re not sure if a part business/part personal trip is deductible, contact us at 330-453-7633 for a professional opinion.