YSK Gambling NJ

The Law

Gambling is legal and regulated in New Jersey. A federal change that took effect in 2026 also made it more expensive to break even.

YSK: Starting in 2026, 10% of your gambling losses stop counting

Before 2026, if you won $10,000 and lost $10,000 in a year, you owed no federal tax on your gambling. Your losses cancelled out your winnings.

A federal law signed July 4, 2025 (the "One Big Beautiful Bill Act," section 70114) changed that. For tax years beginning after December 31, 2025, you can deduct only 90% of your gambling losses, and only up to the amount of your winnings. The other 10% is not deductible.

Example: you win $10,000 and lose $10,000 in 2026 What happens to your $10,000 in winnings (assuming you itemize)
$9,000 offset by your losses (90% of $10,000) $1,000 taxed anyway

Old rule: deduct $10,000, taxable gambling income $0.
New rule: deduct $9,000, taxable gambling income $1,000, even though you came out even.
At a 24% federal bracket, that's about $240 in tax on money you never made.

Who gets hit: it's about how much you bet, not how much you lose

These examples assume you itemize on your federal return. In each case, taxable gambling income is your winnings minus your deduction, where the deduction is 90% of your losses, capped at your winnings.

Taxable gambling income: old rule vs. 2026 rule If you itemize on your federal return
Up $50,000 (won $150,000, lost $100,000)
$50,000
$60,000
Break even (won $100,000, lost $100,000)
$0
$10,000
Break even, high volume (won $1,000,000, lost $1,000,000)
$0
$100,000
Down $100,000 (won $500,000, lost $600,000)
$0
$0
Before 2026 (old rule) 2026 rule
View as table
Year-end resultWonLostDeductionTaxable gambling income
Up $50,000$150,000$100,000$90,000$60,000 (was $50,000)
Break even$100,000$100,000$90,000$10,000 (was $0)
Break even, high volume$1,000,000$1,000,000$900,000$100,000 (was $0)
Down $100,000$500,000$600,000$500,000 (capped at winnings)$0 (no change)

The pattern: the more money someone moves through their account, the bigger the stranded 10%. Someone who finishes the year ahead or near even is hit. Someone who finishes well behind is not hit by this rule, though they still can't recover the losses.

YSK: Your losses may not cancel your winnings at all

Many people assume that if they lose as much as they win, they owe nothing. That's only true if you itemize. Here's how it works in plain terms.

The standard deduction is a free coupon.
Everyone gets a flat amount knocked off the income they're taxed on. You don't have to prove anything.
Itemizing means adding up your own receipts instead.
Mortgage interest, charity donations, state taxes, and gambling losses all count as receipts.
You get one or the other, never both.
Whichever is bigger is the better deal. Tax software like TurboTax compares them and picks for you, but it can only count the losses you enter.

What this means for gambling:

Whether itemizing makes sense depends on your whole return, so it's worth asking a tax professional.

What this does and doesn't mean

What about New Jersey?

On your NJ return, the Division of Taxation says you can use gambling losses to offset winnings from the same year, but only down to zero. If your losses are more than your winnings, you report zero gambling income and can't use the extra loss against other income.

The Division's guidance doesn't mention the federal 90% limit, and tax-preparer sources say NJ hasn't adopted it. Because this is a new federal rule, check the Division of Taxation's 2026 instructions or ask a tax professional before relying on it.

NJ also taxes lottery prizes only if a single prize is over $10,000.

What New Jersey charges the operators

New Jersey law P.L. 2025, c.66, approved June 30, 2025 and effective July 1, 2025, raised the tax on online gambling companies. Online casino gaming went from 15% to 19.75%, online sports wagering from 13% to 19.75% (plus a separate 1.25% for Atlantic City marketing), and daily fantasy sports from 10.5% to 19.75%. This tax is paid by the companies, not directly by bettors, but it shows how much money flows through this market.

Who regulates gambling in NJ

The Division of Gaming Enforcement and the Casino Control Commission license and oversee gambling under the Casino Control Act. The Division runs the state's self-exclusion program (see Get Help).

Age limits

You must be 21 or older for casino games, online casinos, online poker, and sports betting in NJ. The lottery, horse racing, and daily fantasy sports are 18 and up.

Sources

Last checked: October 1, 2026. This page is general information, not legal or tax advice. Talk to a tax professional about your own situation.

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