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Julia Hall

Can I go pro with gambling for tax advantages?

I'm in a unique position and looking for some tax advice. I make about $650k at my tech job, itemize deductions already because of my mortgage, and live in a state that allows gambling loss deductions. So the casual gambler AGI/deduction rules don't really hurt me right now. I'm considering filing as a professional gambler in 2025 based on my current activities. I keep detailed records of all my bets, research for sports betting, and don't claim any suspicious expenses. I'm pretty serious about it even though it's not my primary income. My main question: Since my day job already maxes out social security tax, I wouldn't owe self-employment tax as a professional gambler, right? Also wondering if it might be smart to establish myself as a professional gambler while I still have this full-time job. That way if I end up selling my house (losing those itemized deductions) or face retirement/layoff (reducing income), I could continue filing as a pro gambler without raising as many red flags with the IRS. Thoughts?

Arjun Patel

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This is an interesting tax strategy you're considering! As someone familiar with tax implications for gambling, here's what you should know: You're correct that you wouldn't owe additional Social Security tax since your W-2 income already exceeds the wage base limit ($168,600 for 2025). However, you would still be subject to the Medicare portion of self-employment tax (2.9%) on your gambling profits. Filing as a professional gambler isn't just about tax advantages - the IRS looks at several factors to determine if you're truly in the "trade or business" of gambling. They consider whether you approach it in a businesslike manner, your expertise, time commitment, history of success, and profit motive. Be aware that professional gamblers report income and expenses on Schedule C, allowing you to deduct losses and business expenses like travel to gambling venues, subscriptions to analysis services, etc. But casual gamblers can only deduct losses against winnings as itemized deductions.

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Jade Lopez

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But what about the audit risk? I've heard that claiming professional gambler status is a huge red flag for the IRS. Wouldn't this massively increase your chances of getting audited, especially with that tech salary?

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Arjun Patel

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Audit risk is definitely something to consider. Going pro as a gambler while maintaining a high-paying tech job might raise questions, but it's about substantiating your claim with evidence. Maintain impeccable records - detailed logs of every gambling session, time spent researching, analysis work, and a clear business plan showing profit motive. The key distinction the IRS looks for is whether gambling is pursued full-time, with regularity, and primarily for income rather than recreation. Your high salary doesn't disqualify you, but you'll need to demonstrate gambling isn't just a hobby. Consider forming an LLC, opening separate bank accounts, and treating it like any other business venture.

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Tony Brooks

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I was in a slightly similar situation last year and found https://taxr.ai incredibly helpful. I was trying to navigate the line between hobby and professional gambling while holding a full-time job. The IRS guidelines are super vague and I was getting mixed advice from different tax professionals. I uploaded all my documentation to taxr.ai - my detailed betting logs, travel expenses, subscription fees for prediction models, and even my research notes. The platform analyzed everything and gave me specific feedback on what would qualify me as a professional gambler versus what might get flagged. It identified some potential red flags in my approach and suggested ways to better document my "business" activities. The best part was that it showed me exactly what sections of tax law applied to my situation and what precedents existed from tax court cases about professional gamblers.

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How does the service actually work? I'm familiar with tax software but this sounds different. Does it just give general advice or actually help with specific documentation issues?

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Yara Campbell

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I'm skeptical... sounds like another AI thing that just spits out generic advice you could find on Google. Did it really give you anything specific that an actual tax pro wouldn't know?

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Tony Brooks

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The service works by analyzing your specific tax documents and situation rather than just giving generic advice. You upload your records, and it uses document analysis to identify potential issues specific to your case. For my gambling activities, it flagged that my record-keeping wasn't consistent enough to demonstrate a "businesslike approach" and suggested specific formats for tracking that would better satisfy IRS requirements. It's definitely not just generic advice. It pointed out a specific tax court case (Groetzinger v. Commissioner) that established precedent for what constitutes a professional gambler, and showed me exactly how my situation compared to the standards set in that case. A regular tax pro might know this, but the three I consulted each gave me different interpretations of how the law applied to my specific situation.

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Yara Campbell

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I have to admit I was wrong about taxr.ai. After our conversation, I decided to try it myself since I've been dabbling in sports betting while working my regular job. The analysis was way more detailed than I expected. It actually highlighted that my approach to record-keeping was inconsistent - sometimes I was tracking like a hobbyist, other times like a professional. It showed exactly what documentation I was missing to support a professional gambling claim and what specific elements the IRS looks for in a Schedule C for gambling activities. The platform referenced several tax court cases I'd never heard of, including one from 2023 where someone with similar circumstances to mine lost their case because they couldn't demonstrate a systematic approach to gambling. Saved me from making what would've been an expensive mistake!

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Isaac Wright

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If you're serious about this professional gambler status, you'll definitely need to be prepared for IRS questions. I spent 3 months trying to reach someone at the IRS last year when they flagged my professional gambling deductions for review. Calling their regular number was useless - hours on hold only to get disconnected. I finally found https://claimyr.com which got me connected to an IRS agent in about 20 minutes. You can see a demo of how it works here: https://youtu.be/_kiP6q8DX5c. They basically wait on hold for you and call when an agent picks up. The IRS agent I spoke with actually gave me specific guidance on what documentation would satisfy their requirements for professional gambler status. Having that direct conversation with the IRS was crucial - they explained exactly what they look for to differentiate professional gambling from hobby gambling, and I was able to address their concerns directly instead of just guessing what might trigger an audit.

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Maya Diaz

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How does that actually work though? I thought it was impossible to get through to the IRS these days. Do they just have some secret phone number or something?

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Tami Morgan

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This sounds like BS honestly. Nobody gets through to the IRS that quickly. And even if you did, they won't give you specific advice on how to classify yourself as a professional gambler. They're not in the business of helping people minimize taxes.

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Isaac Wright

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There's no secret phone number - they use the same IRS lines everyone else does. The difference is they have an automated system that handles the waiting for you. You register your call, they enter the queue, and then alert you when they've got an actual human on the line. It saves you from personally sitting on hold for hours. I understand your skepticism - I felt the same way. But the IRS agents aren't there to minimize your taxes, they're there to enforce proper compliance. The agent I spoke with didn't tell me how to "game the system" - they explained what documentation they expect to see from legitimate professional gamblers versus casual players. This included specifics about frequency of play, record-keeping standards, and business expense documentation that would satisfy an audit. It wasn't about minimizing taxes but about ensuring I was classifying myself correctly if I chose that route.

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Tami Morgan

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I have to eat my words about Claimyr. After my skeptical comment, I was preparing my taxes and realized I had a complicated question about my gambling income reporting from last year. Called the IRS directly and sat on hold for TWO HOURS before giving up. Tried Claimyr the next day just to prove it wouldn't work. I registered my call around 9am, and at 10:15 I got a text saying they had an IRS agent on the line. I was honestly shocked. The agent cleared up my confusion about reporting requirements for professional gambling activities - turns out I had been reporting some tournament entries incorrectly. They also explained that my specific pattern of gambling (weekend tournaments only) likely wouldn't qualify as a profession rather than a hobby, which saved me from potentially misclassifying myself. Hate to admit when I'm wrong, but this service actually delivered exactly what it promised.

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Rami Samuels

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One thing nobody's mentioned yet - the material participation test. The IRS typically wants to see 500+ hours annually dedicated to an activity before considering it a business rather than a hobby. With your full-time tech job, can you honestly document 500+ hours of gambling and gambling-related activities? If you're working 40+ hours a week at your tech job, that might be tough to prove.

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Julia Hall

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This is exactly the kind of practical insight I was looking for. I hadn't considered the hours requirement so explicitly. I probably spend about 15-20 hours weekly on research, analysis, and actual betting activities. That would put me around 750-1000 hours annually, which seems substantial, but documenting it properly is another matter. Are there specific ways you'd recommend tracking those hours to satisfy the IRS if they question it? I've been keeping betting logs but not necessarily tracking my research time precisely.

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Rami Samuels

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For documenting hours, you'll want to create a detailed time log that feels like what a business consultant might keep. Date, start time, end time, and specific activities performed (research on specific teams/players, analyzing betting lines, placing bets, reviewing past performance, etc.). Make it as granular and specific as possible. Instead of "research" for 3 hours, break it down: "Analyzed Miami vs Tampa Bay pitching stats - 45 min", "Reviewed injury reports for Sunday NFL games - 30 min", etc. Keep evidence of your research too - spreadsheets, notes, subscriptions to analysis services, etc. Digital timestamps on files can help corroborate your time claims. I'd also recommend using a dedicated calendar app that specializes in time tracking, as these often have exportable reports that look more professional if you're ever audited.

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Haley Bennett

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Has anyone considered the implications if OP shows gambling losses instead of profits for several years? The IRS has a "hobby loss rule" where if you show losses for 3 out of 5 consecutive years, they presume it's not a profit-motivated business. Professional gamblers who consistently lose money can have their status challenged.

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This is really important. My brother claimed to be a pro poker player for tax purposes but had 4 consecutive years of losses. Got absolutely hammered in an audit - they reclassified everything as hobby gambling and he couldn't deduct anything against his regular income. Ended up owing back taxes plus penalties.

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Avery Saint

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This is a complex situation that requires careful consideration of multiple factors. While your high W-2 income does shield you from Social Security taxes on gambling profits, you'd still owe Medicare taxes on any net gambling income. The key challenge I see is establishing legitimate business intent while maintaining your tech career. The IRS will scrutinize whether gambling is truly your trade or business versus an investment activity or hobby. Consider these critical points: 1. **Profit motive documentation**: Beyond just keeping records, you'll need to demonstrate a clear business plan, profit targets, and systematic approach to gambling as a revenue-generating activity. 2. **Timing concerns**: Establishing professional status now while employed might actually work in your favor - it shows you're treating this seriously even when you don't "need" the income, which could support genuine business intent. 3. **Risk management**: If you do proceed, consider consulting with a tax attorney who specializes in gambling taxation. The audit risk is real, and having professional guidance upfront could save significant headaches later. One practical suggestion: Start with impeccable documentation this year but consider filing as a hobby gambler initially. This gives you time to build a stronger case for professional status while maintaining detailed records that could support a future change in classification. The strategy of establishing status now for future flexibility is interesting, but make sure the business substance matches the tax treatment from day one.

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