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Jan 30 '18 at 17:09

Tax Advice for Casino Players: W2-G Handpay Jackpots, Filing as a 'Pro' and More

The feeling of stress and anxiety that comes when filing taxes can be overwhelming for anyone, but especially for casino players that hit slot jackpots or enjoy other high stakes gaming.

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Everyone has a different opinion about how to file, and there are very few resources available that give gamblers peace of mind. That’s why I recently sat down with Ray Kondler of Kondler & Associates. Ray is a Certified Public Accountant based in Atlantic City and Las Vegas.

He’s also one of the top national experts on gambling taxes.

While Ray works closely with the World Series of Poker, he also serves slot and table players in all 50 states. In our fascinating conversation, Ray gave us the insider’s look at gambling taxes, keys for minimizing the chances of an audit, and tips for paying as little as possible… while staying within the bounds of the law, of course!

Here are the highlights from our great conversation. (You can also watch or listen to the full episode below.)

The First Thing Gamblers Should Know About Taxes

One of the most common questions new gamblers ask is, “When do I have to report my winnings?” The answer actually varies depending on what you play.

Casinos will issue W-2Gs for winnings greater than $1,200 from a slot machine or $5,000 from poker. The moment you hit the jackpot, a casino staff member will bring the W-2G to you at the machine to get a signature (although new technology is emerging in high limit slot areas that lets players electronically sign the W-2G so they can get back to playing right away). The casino sends a copy of all W-2Gs to the IRS.

(Table game players don't face the same level of scrutiny. Casinos don't issue W-2Gs for table games like craps and blackjack.)

Did you know that the IRS matches up the W-2Gs the casino sends with your tax return?

This is extremely important! If you fail to file those winnings on your tax return, in most cases, the IRS will send a notice asking you to amend your return.

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As Ray points out, this practice isn’t limited to land-based casinos. Cruise lines also issue W-2Gs, and US Citizens are required to pay tax on gambling income earned worldwide — not just in the US.

The bottom line is, if you receive a W-2G, don’t ignore it. The IRS sure won't...

Once gamblers know which winnings to report, the next question is usually, “How do I minimize my tax bill?”

Filing as a Professional Gambler

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When Ray sits down with a client, one of the first decisions they make is whether the player should register as a professional gambler.

Most slot players wouldn't even think of filing as a professional. (To be honest, I didn't even know that was an option before speaking with Ray). For slot players, especially retirees or those with limited other income, filing as a professional gambler comes with a unique set of advantages.

In most states, a normal casino player (aka amateur gambler) can only write off casino losses up to their total winnings. So, for example, if you have $100,000 in W-2G winnings, but lost $150,000 during the year, you can only write off $100,000 of losses when filing taes.

***Note: some states (Connecticut, Illinois, Indiana, Massachusetts, Michigan, West Virginia, and Wisconsin) do not allow amateur gamblers to deduct gambling losses from their winnings. The only way around this is to file as a professional and deduct losses as an “expense of doing business” on a Schedule C.

On the other hand, a professional gambler can deduct other expenses associated with their casino play (it's a JOB after all - ha!). If they have $100,000 in W-2Gs, they can write off $100,000 in losses AND subscriptions to gambling resources, travel and meal expenses, home office expenses, and legal/professional fees. Professionals can then actually show a net loss on their Schedule C (Self-Employment) tax return and deduct it against their other income (like taxable Social Security income).

So who can qualify as a professional?

It turns out, qualifying as a pro isn’t based on winnings. It’s actually based on how much time someone spends gambling. Someone who plays slots five or six hours per day and has no other job could most likely file as a professional. This is especially useful for gambling retirees!

When advising retired clients, Ray recommends filing as a professional as soon as their Social Security income is taxable (over $40,000). This allows any below-the-line gambling losses to reduce taxable income.

Filing as a professional makes sense for many casino players, but there also are a few downsides to be aware of.

First, filing as a professional increases your chances of being audited.

Another downside is if you file as a professional and win a significant amount, you’ll have to pay Social Security tax.

Depending on the amount of Social Security tax, it may be smarter to file as an amateur. This is something Ray and his team help their clients figure out. They’ll complete the tax returns both as a professional and as an amateur. Then they will see which filing status makes the most sense for the client for that particular year.

It’s also worth noting that filing as either a professional or amateur one year doesn’t lock you in to that status for following years. For example, let’s say you filed 2016 tax return as an amateur gambler. In 2017, you gambled the same amount of time, but due to an increase in winnings, it makes more sense to file as a professional. This is allowed by the IRS. You can decide which filing status is right for you on a year to year basis.

How to Protect Yourself From a Tax Audit

While casual and moderate gamblers have a relatively low chance of being audited, the prospect of being audited is stressful for anyone. Ray says the most important thing you can do to protect yourself is to keep good records.

It might be a pain in the neck, but everyone should keep clear, detailed records — especially if you’re filing as a professional.

Ray recommends using a dedicated credit/debit card to charge all gambling-related expenses. Then keep track of all gambling activity with a logbook.

Want to protect yourself from an audit? Download our FREE Casino Player's Logbook to start keeping better records of your gambling activity.

Most of Ray’s clients log their activity in a spreadsheet at the end of the week, but he has many clients that keep daily records. While there are several logging apps available to gamblers, they tend to be clunky or difficult to use. Some clients use old-fashioned pencil and paper, but Ray recommends keeping a spreadsheet.

The team at Kondler & Associates have even created several logbook spreadsheet templates they send to their clients to simplify the process.

Some gamblers think of keeping logbooks as an unnecessary step. Instead, they simply rely on the win-loss statements casinos send out to their loyalty club members. This can be effective, but any gambling done at other casinos (where they don’t have a loyalty card), isn’t reflected in those statements.

By keeping a logbook, you can ensure your losses at any casino (even those where you aren’t a loyalty member) are accounted for in your taxes. This lowers your tax bill and protects you

Ray also points out that even if you failed to keep a good logbook in the past, you can go back and recreate it. In the event of an audit, the IRS can request ATM receipts to prove your records are accurate. But if you claim to have gambled with cash from a safe deposit box, no one can prove otherwise.

Another thing to consider for slot players is how to handle the tax liability from a 'group pull'jackpot (for those that don't know, this is where a group pools money and hits the high limit slots in search of JACKPOTS). Let's say you and four other players decide to throw equal money into a pot and hit the high-limit slot rooms. If the group hits the jackpot, only ONE person will sign the W-2G, meaning that person accepts all of the tax liability (even though they only took 20% of the winnings!).

The way to avoid getting stuck footing the entire tax bill is to document the payouts with 1099s. If you win a big jackpot in a group pull, make sure to gather the other players’ full names, addresses, and Social Security numbers before handing out the money. Then issue a 1099 to each player for their share of the winnings.

If you do the extra step of issuing 1099s to the people in the winning group pull, then when you file your taxes, you can feel comfortable only claiming your 20% take of the jackpot on your tax return because you'll have a nice paper trail to show the IRS if they come sniffing around.

Comps and the IRS

When casinos issue comps, gamblers can potentially receive incentives worth thousands upon thousands of dollars. So, how does the IRS tax these comps?

The short answer is they don’t tax comps.

In over 30 years of working as a CPA, Ray has never seen a 1099 issued for comps. This would be a record-keeping nightmare for casinos if they had to document every meal or lodging comp for tax purposes.

He has seen 1099s issued for prizes though. For example, if there’s a drawing and you win $2000, you’ll receive a 1099 for “other income”. This is also true for prize winnings like free cars or other expensive merchandise. While it’s different from a W-2G, it’s still required to report on your taxes, but these are extraordinary circumstances.

Regarding normal comps, there’s no need to report them as income.

Professional Help for Gambling Taxes

Whether you’re a slot player, table gamer, or poker player, there’s a good chance you’d rather spend your time playing than worrying about taxes.

There are a lot of extremely talented CPAs all around the country, but many don't have a clue how to minimize tax winnings because they rarely see it. Ray's team works on minimizing tax exposure from gambling winnings all day every day

So, if you have any questions about gambling taxes, feel free to reach out to Kondler & Associates HERE. They never charge for calls or emails, and they’re extremely quick to reply. They’re an incredibly valuable resource, so don’t hesitate to reach out. For more on Ray and his firm Kondler & Associates, visit KondlerCPA.com.

Want to protect yourself from an audit? Download our FREE Casino Player's Logbook to start keeping better records of your gambling activity.

2 Comments

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FEB 3 '18

I'd like to add a little color to this article by pointing out a few changes that will go into effect for the 2018 tax year as a result of the new tax bill. Professional gamblers used to be able to deduct expenses as well as offset winnings with losses. The new way, their deduction is capped at the amount of winnings. More significantly, for mid-rollers like myself (I do $4,000 - $5,000 a day coin on slots over about 28 days a year in Vegas; some years I have no handpays and some years I have a few) - while it is true that winnings can still be offset with losses if you itemize, because of the increase in the standard deduction as well as the elimination of the personal exemption(s) and capping of property/state tax deduction at $10,000, the threshold for itemizing has basically been doubled. Whereas in the past, I have always been able to totally offset W-2G winnings with losses, with the new law and my current level of still allowed itemizable deductions (mortgage interest and property/state income tax) I would now have to have at least $12,000 in W-2Gs to be able to itemize, and even then, I would still end up paying Fed taxes on that first $12,000. Finally, with respect to group pulls - I've organized several and I have always been lucky to have a UK resident participating who is not subject to taxes OR withholding. Under the new tax law, I will not do one unless that condition is present. I'm not saying you shouldn't do one, they're a lot of fun, but if you do, make sure you consider the tax implications and discuss how you are going to handle a handpay with the participants ahead of the event. Hitting a big win and then determining that 12% or 22% or more is going to have to come off the top is not going to be a welcome surprise to the group.

FEB 6 '18

Buffalo Slots

by John Robison
Do the slot machines on the ends of aisles pay better than the machines in the middle? How about the machines near the table games? They’retight, right? And are the machines near the coin redemption booths loose? Join us on our journey for finding loose slot machines.
The loose slot machine is the slot player’s Holy Grail. Much as King Arthur’s Knights of the Round Table searched Britain for the Holy Grail of myth, slot players search casinos for loosemachines. Slot players have formulated many theories about where casinos place their loose machines to aid them in their quest.

Before we can figure out where the loose machines are, we have to figure out what they are. There is no U.S.D.A. system for grading the looseness of machines and no national orinternational standard that determines whether a machine is tight or loose.

So, what is a loose slot machine?

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Say we have two 94% payback machines. Are they loose? I bet some people say yes and some say no. Why isn’t there agreement? Let me add a little more information to thescenario to see if it gives you an idea of why one person calls a 94% payback machine loose and another calls it tight. What if I told you that one machine was a nickel machine and theother a dollar machine? For most people who play nickel machines, a 94% machine is among the best-paying machines in their area. For most people who play dollar machines, on theother hand, a 94% machine is among the worst-paying machines in their area. The person who called 94% loose probably plays lower-denomination machines, while the person who called 94%tight probably plays higher-denomination machines.
Let me add one more piece of information. The dollar machine is a video poker machine. Dollar video poker players would rather have root canals onall their teeth with no anesthesia while their fingernails and toenails are ripped off than play a 94% payback machine. They have many adjectives for a 94% payback machine, but loose isnot one of them.
You see, loose isn’t an absolute. Looseness depends on your frame of reference. Looseness is actually a comparison. We shouldn’t say “loose.” We should really say“looser”. We should really be asking where the looser machines are. But let’s bow to common usage and continue using the term loose machine.

So, what is a loose machine?

Quite simply, a loose machine is a machine that has a higher long-term payback percentage than another machine. The loose machines in acasino are those machines that have the highest paybacks. These are the machines that will take the smallest bites out of your bankroll in the long run. No wonder slot players areconstantly searching for them.
Over the years, players have developed a number of theories about finding loose slot machines. Casinos place loose machines near the entrances, for example, so passersby can see playerswinning and are enticed to enter the casino and try their luck. The loose machines are also at the ends of the aisles to draw players into the aisle, where the tight machinesare.
And, of course, a loose machine is always surrounded by tight machines. You never have two loose machines side by side. That’s done for players who like to play more than onemachine at a time. If they should happen to stumble upon one of the loose machines, they’ll be pumping their winnings from it into the tight machines around it.
More theories. The machines near the table games are tight because table games players don’t want to hear a lot of bells and buzzers going off and happy slot players whooping it up aftera big win. Another reason the machines near the table games are tight is because table games players will occasionally drop a few coins into a slot machine and they don’t expect to winanything, so why give them a high payback.
Similarly, the machines near the buffet and show lines are tight. People waiting in line are just killing time and getting rid of their spare change. They’re not going to play for along time or develop a relationship with those machines, so the machines can be like piggy banks – for the casino! Money goes in and rarely comes back out.
The machines near the coin redemption booths, on the other hand, are loose. Players waiting in line for coin redemption are slot players and the casino wants them to see other playerswinning. Seeing all those players winning will make them anxious to get back on the slot floor to try their luck again.
Finally, finding loose machines in highly visible locations is most likely. Again, casinos want players to see players winning and be enticed into trying to get a piece of the casino’sbankroll themselves.
These are the theories I can think of off the top of my head. Maybe you know of some others. Most of the theories have a basis in psychology. When we see others winning, we’llwant to play too because 1) we’re greedy, 2) we’re envious, or 3) we see that at least some machines really do pay off and if we keep trying we might find one too.
Based on my own discussions with slot directors, interviews with slot directors, and seminars I’ve attended, I don’t think these theories are relevant in today’s slot world. To see why,we have to look at how slot machines and slot floors have changed.
Picture a slot floor of 10-20 years ago. Even if you don’t go back that far, I’m sure you’ve seen pictures on TV or in books. The slot machines on a casino floor in that era arearranged in long rows, much like products out for sale in a supermarket aisle. There’s no imagination used in placing the machines on the floor. The machines are placed using cold,mechanical precision.
On page 193 in Slot Machines: A Pictorial History of the First 100 Years by Marshall Fey, there’s a great picture of Bally’s casino floor in Atlantic City that illustrates my point. Thepicture shows hundreds of slot machines all lined up in perfect rows like little soldiers. The caption reads, “Like a Nebraska cornfield, rows upon rows of Bally slots extend as far asthe eye can see.”

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Compare that image with the slot floor layout at a casino that was designed in the last five or so years. Studies have shown that players feel very uncomfortable playing in longaisles. They feel trapped when they’re playing in the middle of a long aisle, particularly if the casino is crowded. As a result, modern casinos have shorter aisles and when a long aislecan’t be avoided, it will be wider than others so players won’t feel like they can’t get out.
One of the finding loose machines theories has casinos placing loose machines at the ends of aisles to draw people into the aisles. Having shorter aisles means having more machinesat the ends of those aisles. Can all of these machines be loose?
In addition to being uncomfortable in long aisles, players are also uncomfortable being put out on display for the other players. Perhaps they feel like they might become a target iftheir good luck is too visible.
One slot director I heard speak said that he tried to create “comfortable niches” for his players. Instead of being in a fish bowl, visible to most of the slot floor, players in hisniches can be easily seen by only the other players in that niche.
Another theory about loose machine placement is that casinos place them in highly visible areas. Modern casinos still have highly visible areas, but the areas are visible to a smallernumber of players. A loose machine in this area will influence fewer players than before.
The last change in the slot floor that I want to mention is perhaps the biggest change of all. Casinos used to have hundreds of slot machines. Now they have thousands. Oneslot director in Las Vegas said in an interview a few years ago that with so many machines on his floor, he didn’t have time to micro-manage them. He and his management decided the holdpercentage they wanted for each denomination and he ordered payback programs close to that percentage for his machines. Furthermore, he said this was the common practice in LasVegas.
As much as the slot floor has changed, the changes on the floor are dwarfed by the changes in the slot machines themselves. One thing that struck me about that picture of Bally’s is howall the machines look alike. They really do look like soldiers being inspecting, all standing at attention and in identical uniforms, or like rows of indistinguishable corn plants. In fact, it looks like there are only three different games in the 10 machines in the first row in the picture. Granted, the majority of the machines in Bally’s casino were Ballymachines. Still I’m surprised by the lack of variety in the machines in the front row in the picture.
I heard that one theory why Americans have gotten heavier is that we have access to a wider variety of foods today than we had before. When meals consisted of the same thing time aftertime, it was easy to pass up second helpings of gruel and eat just enough to no longer be hungry. But now we have Chinese one night, Mexican the next, followed by Thai, burgers, pizza,and pasta -- it’s easy to overeat on our culinary trip around the world.
Just as variety in food creates desire, so does variety in slot machines. “Hey, I used to watch The Munsters all the time. I’ll try that machine.” “I never miss TheApprentice. I’ll give that machine a go.” “I played Monopoly all the time as a kid.” “I have a cat and a dog and a chainsaw and a toaster.”
Not only is there more variety in themes on machines, there’s also more variety in paytables. Back in the 1920s, a revolutionary change in slot machine design was paying an extra coin fora certain combination. Adding a hopper to the machine in the electro-mechanical era made it possible for the machine to pay larger jackpots itself instead of requiring a handpay from ajackpot girl. Adding a computer to the slot machine made it possible for today’s machines to pay modest jackpots of a few thousand coins all the way up to life-changing jackpots ofmillions of dollars.
The computer also makes it possible to add more gimmicks to machines. Gimmicks like “spin-til-you win,” symbols that nudge up or down to the payline, haywire repeat-pays, and double spinall add more variety and interest to the games.
Today’s machines are immeasurably more interesting and fun to play than those of even just a decade ago. Each new generation of machines has crisper graphics and better sound than theprior generation. Slot designers are working overtime to devise compelling bonus rounds that will keep players playing for just one more crack at the round. How many people playingWheel of Fortune are trying to win the jackpot? Not many. Most people keep playing to get one more spin of the wheel.
Slot directors today don’t need to pepper their slot floors with loose machines to stimulate play. Today’s machines themselves generate more desire to play than seeing a player doingwell.
Now I'll finish our discussion of where slot directors place loose machines with some additional thoughts, with a few anecdotes I've heard at slot seminars, and with what I think will be thefinal nail in the coffin of loose machine placement philosophies.
One of the placement theories says that tight machines should be placed near the table games because the table games players don’t like a lot of noise while they’re playing. Have the peopleputting forth this theory ever been near a craps table? A craps table with a shooter on a hot roll has to be one of the loudest places -- if not the loudest place -- in the casino. Crapsplayers can be a boisterous lot even when the table isn’t hot. Okay, I can see players needing peace and quiet at blackjack tables (It’s difficult to count cards even in a quiet casino.), butnot at craps, roulette, Let It Ride, and other tables. In any case, the casino can adjust the volume level on a machine. The slot director can put a very quiet, loose machine near the tablesand not disturb a single table games player.
Another problem with following a loose machine placement philosophy is that it limits the flexibility slot directors have in moving their machines around on the slot floor. If the directors aregoing to give up a little bit in payback on some machines, they certainly will want to get their money’s worth and ensure that these machines are in locations where they’ll be played, be seenbeing played, and entice other players to play. Slot floors have only a limited number of high visibility areas. Slot directors won’t want to waste any of their high-paying machines in the morenumerous less visible areas, where the machines won’t be encouraging other players.
Now I’d like to share some anecdotes I’ve heard at panel discussions during the big gaming show (first the World Gaming Congress, then the Global Gaming Expo) that’s held in Las Vegas eachyear.
First, one slot director described an experiment he conducted in his casino. He had a carousel of 5 Times Pay machines that all had the same long-term payback. He ordered new chips to lower thepayback percentages on a couple of the machines to see if anyone would notice. The machines with the lower long-term paybacks received just as much play as the higher-paying machines. Noplayer, furthermore, ever complained that some of the machines in the carousel were tighter than others.
In another seminar, a slot director shared the philosophy he used to place some machines that he had inherited from another property. These machines, he said, had lower long-term paybacks thanthe payback he usually ordered for machines on his slot floor. He said, 'I read the same books that the players read. I put these lower payback machines in the spots that the books said shouldhave the high payback machines.'
My last anecdote is about a decision made by the slot director at the MGM Grand in Las Vegas many years ago. He was ordering 10 Times Pay machines for his slot floor and he was concerned aboutthe low hit frequencies available for those machines. (Machines with multiplying symbols tend to have low hit frequencies, and usually the higher the multiplier, the lower the hit frequency.)The slot director was afraid that his players would think the machines were very tight because they hit so infrequently. He said that he ordered higher paybacks than he usually does for thosemachines in an attempt to offset the low hit frequency. The machines would still have a low hit frequency, but at least the average value of a hit would be a little higher than if he hadordered a payback percentage nearer the percentage he usually ordered. He hoped that would be enough to keep his players from thinking these were tighter than the other machines on his slotfloor.
Although I think these anecdotes are the exceptions that prove the rule that some casinos at least order the same long-term paybacks for machines of a particular denomination, there is evidencethat some casinos may not. In the first edition of Casino Operations Management, for example, Kilby and Fox list a number of “general philosophies that influence specific slot placement”including: “low hold (loose) machines should be placed in busy walkways to create an atmosphere of activity” and “loose machines are normally placed at the beginning and end of trafficpatterns.”
They then say that “high hit frequency machines located around the casino pit area will create an atmosphere of slot activity.” I’m not sure whether they’re saying high hit frequencyshould or shouldn’t be placed near the pit. In any case, note that one philosophy said that loose machines create an atmosphere of activity and another said that high hit frequency machinesalso create an atmosphere of activity. This is the perfect segue into what I think puts the final nail in the coffin about loose machine placement theories.
There is no correlation between long-term payback and hit frequency. A low hit frequency machine can have a high long-term payback. High hit frequency machines, in addition, can have lowlong-term paybacks. Larry Mak, author of Secrets of Modern Slot Playing, recently queried the Nevada Gaming Control Board to find out the payback reported on penny machines. The Board said itwas 90.167%. Most of the penny video slots have very high hit frequencies, yet the overall average long-term payback is very low.
The usual reasoning behind putting loose machines in highly visible areas is so slot players can see other players winning. Maybe we should be more precise here and say that players will seeother players hitting and assume that they are winning because they are playing loose machines. But because there’s no correlation between hit frequency and long-term payback, these players canactually be playing machines with low long-term paybacks.
I don’t put much stock in loose machine placement theories, but I do believe slot directors may follow a hit frequency placement philosophy. Slot directors may try to place high hit frequencymachines in visible areas to encourage play. This philosophy says and implies nothing about the long-term payback of the machines.

John Robison is the author of 'The Slot Expert's Guide
to Playing Slots.' His website iswww.slotexpert.com