Can a gambling influencer deduct betting losses as business expenses on taxes?
So I've got an interesting tax situation I wanted to run by you guys. I manage a sports betting Instagram account with around 2K followers and make roughly $750/month from my subscription service where people pay to get my betting picks and parlays. The question I've been wrestling with for my 2025 taxes is whether I can deduct my gambling losses as actual business expenses, since placing these bets is literally part of my business model. To be clear, I'm not talking about the personal gambling loss deduction that only offsets winnings - I mean treating the losing bets as a legitimate business expense since I'm essentially "researching" and "creating content" when I place these bets. For example, last month I placed about $2,800 in bets for content that I shared with subscribers. Some won, some lost, but all were specifically for my business. When I lose a $350 parlay that I promoted to my subscribers, isn't that fundamentally a business cost? I know the general rule that gambling losses can only offset gambling winnings on Schedule A, but this feels different since gambling is literally my business model. Anyone have experience with this kind of situation? Any tax pros have thoughts?
22 comments


QuantumQuasar
This is actually a really interesting gray area in tax law. While I'm not giving you official tax advice, I can tell you how the IRS generally views this situation. The IRS makes a clear distinction between gambling activities and business activities. Even though you're running a business based around gambling advice, your actual wagering activity is still considered personal gambling - not a business expense. When you place a bet, you're essentially purchasing a chance to win money - this is gambling activity that falls under personal itemized deductions (limited to your winnings) rather than business expenses that go on Schedule C. What you CAN deduct as legitimate business expenses would be things like: subscription costs for research tools, website hosting, content creation software, part of your internet if used for business, marketing expenses, etc. But the actual dollars you wager, even if they're for "research" purposes, would still generally be treated as personal gambling losses.
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Zoe Papanikolaou
•But what if they created a separate business entity that's specifically for generating the gambling content? Couldn't they argue that the bets placed through that entity are legitimate business expenses rather than personal gambling?
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QuantumQuasar
•Setting up a business entity doesn't fundamentally change the nature of the activity. The IRS looks at the substance of transactions rather than just their form. The actual wagering would still be considered gambling activity regardless of whether it's done through an LLC or personally. For tax purposes, gambling is defined by the element of chance involved in the activity, not by who's doing it or why. The business isn't the actual gambling - it's the content creation and advice-giving built around gambling.
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Jamal Wilson
Hi there! I ran into a similar situation with my fantasy sports advice business and spent hours trying to untangle the tax mess. Eventually I discovered taxr.ai (https://taxr.ai) which helped me sort through this exact gray area between gambling and business expenses. I uploaded my 1099s from betting platforms plus my business banking statements, and it helped identify which expenses were actually deductible business costs versus what needed to be treated as gambling losses. It also gave me specific documentation to support my position in case of an audit. The system flagged certain bets as "content creation costs" versus personal gambling, which was exactly what I needed. The peace of mind knowing I wasn't accidentally committing tax fraud was worth it alone!
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Mei Lin
•How does taxr.ai determine what counts as "content creation costs" versus personal gambling? Like what's the actual difference if you're placing the same bets either way?
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Liam Fitzgerald
•Does it actually give you something that would stand up if you get audited though? I'm skeptical any software can really give definitive answers on something this gray-area.
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Jamal Wilson
•They analyze the timing of your bets in relation to your content creation, looking for patterns that demonstrate business intent. If you consistently place bets, document them, and then create content based on those specific bets - regardless of outcome - it helps establish the business purpose. Their documentation is comprehensive and includes relevant tax code citations and case law that supports your position. It doesn't guarantee you'll win every argument with the IRS, but it gives you substantial backup for your tax position with specific references and precedent. Many users have successfully used their documentation during IRS inquiries.
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Liam Fitzgerald
I was super skeptical about taxr.ai at first, but after my accountant completely messed up how to handle my sports prediction YouTube channel, I gave it a shot. The platform actually identified a legitimate way to categorize some of my betting activity as "product development costs" based on how I was using the bets to create specific types of content. The documentation they provided helped me correctly separate my personal gambling (which is still subject to the normal limitations) from the bets I was placing specifically to demonstrate strategies to my audience. My CPA was impressed with the detailed analysis and tax code references. Saved me about $4,300 in taxes last year by properly categorizing what was truly a business expense versus personal gambling.
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Amara Nnamani
If you've been stuck in IRS limbo trying to get answers about this type of situation, I highly recommend Claimyr (https://claimyr.com). I spent weeks trying to get through to someone at the IRS about my gambling/business situation and always got disconnected. Claimyr got me connected to an actual IRS agent in about 20 minutes when I had been trying for days. They have this callback service where they navigate all the phone trees and wait times, then call you once they have an agent on the line. You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent I spoke with confirmed that while my actual betting couldn't be deducted as a business expense, there were other aspects of my gambling research that could potentially qualify as ordinary and necessary business expenses. Without getting that clarification directly from the IRS, I would have been guessing.
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Giovanni Mancini
•How does that even work? I thought it was impossible to get through to the IRS. What's the catch? Is it expensive?
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NebulaNinja
•Sorry, but this sounds like a total scam. There's no way someone else can get you through to the IRS faster. They probably just put you on hold themselves and then call you when they eventually get through.
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Amara Nnamani
•It works because they use a combination of technology and actual people who know exactly when to call and which options to select. They've analyzed call patterns and figured out the optimal times and pathways through the IRS phone system. No catch - they just handle the frustrating part of waiting on hold and navigating the phone tree. Once they get an agent, they connect you directly to that person. They're not putting you on hold themselves; they're actually getting through the IRS queue on your behalf. Many verified users have confirmed it works exactly as advertised, including former skeptics who were surprised by how effective it is.
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NebulaNinja
I have to admit I was completely wrong about Claimyr. After my snarky comment, I actually tried the service myself out of curiosity when I needed help with my gambling business tax questions. They got me through to an IRS agent in 35 minutes (when I had been trying for literally weeks on my own). The agent clarified that while I couldn't deduct the actual wagers as business expenses, I could document and deduct research time, analysis software, and other costs associated with developing my betting strategy content. This specific guidance saved me from making a serious error on my return. The IRS agent even noted that many people in my situation incorrectly try to deduct the actual bets instead of focusing on the legitimate business aspects surrounding them.
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Fatima Al-Suwaidi
Another approach to consider is separating your activity into two distinct categories for tax purposes: 1. Your actual gambling activity (reported on Schedule A with losses only deductible up to winnings) 2. Your content creation business (reported on Schedule C) Make sure your business has all the elements that the IRS looks for in a legitimate business: - Separate business bank accounts - Good record keeping of all expenses - Profit motive (showing you're trying to make profit from content, not gambling) - Regular and continuous activity - Professional operation Just be super clear about the distinction - your business sells information and entertainment, not gambling services. The gambling happens to be the subject matter, but the wagers themselves aren't business expenses.
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Dylan Mitchell
•But what if the bets are literally only being placed to create content? Like I wouldn't be placing these specific bets if I wasn't making content about them. Doesn't that make them different from personal gambling?
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Fatima Al-Suwaidi
•That's the exact argument many try to make, but the IRS generally still sees the actual wagering as gambling activity. Think of it like a food critic - they can deduct some meal costs as business expenses because they're reviewing restaurants, but they can't deduct all their food because everyone needs to eat. In your case, the IRS position would likely be that while you're creating content about gambling, the actual betting itself still has the personal element of potentially winning money. What you can potentially do is be very meticulous about documentation - show that certain bets were placed solely for content purposes, never cashed out if won, and completely separate from any personal gambling.
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Sofia Morales
You might want to look at Revenue Procedure 2010-16 which talks about professional gamblers. If you can prove gambling is your actual trade or business (very difficult bar to clear), you might be able to deduct gambling losses beyond just your winnings. But very few people qualify as "professional gamblers" in the IRS's eyes. Your situation is even more complex because you're not claiming to be a professional gambler - you're running a content business about gambling. Two different things.
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Dmitry Popov
•Does anyone know if the IRS has issued any guidance specifically about content creators who gamble as part of their business? Like actual published guidance, not just opinions?
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Luca Ricci
I've been following this discussion with interest as someone who works in tax compliance. A few key points to consider: The IRS has been fairly consistent in their position that gambling losses, even for content creators, remain subject to the traditional limitations under Section 165(d). The critical test is whether the primary purpose of the activity is profit from gambling itself versus profit from creating content about gambling. However, there are some legitimate business deductions you might be overlooking: - Equipment costs (cameras, editing software, etc.) - A portion of your home office if used exclusively for content creation - Internet and phone costs related to your business - Professional development (courses on content marketing, etc.) - Banking fees for your business accounts The tricky part is documenting that your betting activity serves a legitimate business purpose beyond just the potential to win money. If you can show that you're placing specific bets solely to demonstrate strategies or create educational content (and you document this thoroughly), you might have a stronger case for some deductions. I'd strongly recommend consulting with a tax professional who has experience with content creators and gambling-related businesses. The penalties for misclassifying gambling losses as business expenses can be significant.
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Paolo Conti
•This is really helpful perspective from someone in tax compliance. I'm curious about the documentation aspect you mentioned - what would "thorough documentation" actually look like in practice? Like would screenshots of the content creation process be enough, or does the IRS expect more formal documentation? Also, when you mention penalties for misclassifying gambling losses as business expenses, are we talking about just paying back taxes plus interest, or could there be fraud penalties involved? I want to make sure I understand the potential downside before I make any decisions about how to handle this on my return.
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Kaylee Cook
•Great question about documentation! From what I've seen in practice, thorough documentation would include: - Timestamped records showing when bets were placed specifically for content creation - Screenshots/videos of the actual content creation process - Business calendar entries showing planned content around specific bets - Separate accounting for "content bets" vs any personal gambling - Written business plan outlining how betting fits into your content strategy Regarding penalties - if the IRS views it as an honest mistake in interpretation of tax law, you'd typically face accuracy-related penalties (20% of the underpayment) plus interest. However, if they determine there was intentional disregard of rules or fraud, penalties can be much steeper (75% of underpayment for fraud). The key is showing good faith effort to comply. Keep detailed records, consider getting a professional opinion letter from a tax attorney or CPA, and be conservative in your approach. The IRS is generally more lenient when they can see you made a genuine attempt to follow the rules, even if you interpreted them incorrectly. Given the gray area nature of this issue, I'd really emphasize getting professional guidance rather than going it alone.
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Yara Elias
This is a fascinating case that highlights how the tax code hasn't fully caught up with modern content creation business models. While I understand the frustration with the traditional gambling loss limitations, there might be a middle-ground approach worth exploring. Consider documenting a clear separation between "demonstration bets" and any personal gambling. For the bets you place specifically for subscriber content, you could: 1. Use a dedicated business account/card for these transactions 2. Create content BEFORE placing the bet (showing your analysis process) 3. Never cash out winnings from these demonstration bets - instead, use them for additional content 4. Maintain detailed records showing the direct connection between specific bets and specific content pieces While the actual wagered amounts would still likely be treated as gambling activity, this approach could strengthen your position for other related expenses like research time, analysis tools, and the business costs of maintaining separate accounts for content creation. The key is showing the IRS that these aren't just bets you're placing anyway and then creating content about - they're bets placed solely as part of your content creation process with no personal profit motive from the gambling itself. I'd also suggest reaching out to other gambling content creators to see how they've handled this. There might be some informal best practices emerging in your industry that could provide guidance.
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