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Taxes

Are Casino Comps Taxable

Which perks are income, which are discounts, and how they land on a return.

TaxesIndependent review4 min read

Are Casino Comps Taxable
Photo: Jeff Kubina from the milky way galaxy, CC BY-SA 2.0, via Wikimedia Commons
Marcus FeldCasino desk editorUpdated 4 min readFact-checked against operator terms
On this page 5 sections
  1. The Hard Rule: Winnings Are Income
  2. The Clear Taxable Items: Big Awards
  3. The Gray Zone: Ordinary Perks
  4. Free Play and Promotional Credits
  5. Comps and Winnings on a Tax Return

The IRS makes clear that all gambling winnings are taxable and must be declared on a return. However, how cash-free perks like room credits and free play slot time land on a returns is a murky question, and it may depend on the generosity of the award and the specifics of how you obtained it.

Under the Internal Revenue Code, section 61(a), “gross income” includes winnings from wagering transactions, and both an IRS Tax Topic statement and reminders from the agency have made clear: gambling winnings are taxable income and must be reported. At the same time, section 165(d) limits wagering-loss deductions and setoffs to the amount of wagering gains, dollar-for-dollar.

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So where do casino comps and loyalty rewards fall in this income/loss framework?

The Hard Rule: Winnings Are Income

The IRS take on gambling is clear: The agency says taxpayers must report all gambling winnings as income, on their tax return. These winnings include anything received for playing a game of chance, including not just cash winnings but also the cash equivalent of casino chips or related prizes: TVs, jewelry, or trips.

Are Casino Comps Taxable
Photo: Jeff Kubina from the milky way galaxy, CC BY-SA 2.0, via Wikimedia Commons

The IRS also reminds all taxpayers that gambling losses are deductible, but only up to the amount of gain. So if the player won $1,000 at slot machines, they can’t deduct a loss of $1,500; the loss deduction is capped once a win is in hand.

The Clear Taxable Items: Big Awards

If a casino will hand out a Rolls Royce or $15,000 in jewelry to a lucky gambler, an IRS field service advice memo stated that these prizes and awards to a gambler are taxable as gross income under Internal Revenue Code sections 61(a) and 74.

More to the point, the IRS says income from comps cannot be treated as “gains from wagering transactions” to offset wagering losses under Code 165(d). In a nutshell: The winnings are treated as income, but the winnings loss does not count as a loss or expense under the game-play rules.

The Gray Zone: Ordinary Perks

While the IRS has squarely ruled on the Rolls Royce and jewelry as taxable, treatment of ordinary gambling perks -- bonuses given to frequent players -- is an unsettled area. The taxpayer won't find them treated under the IRS rules on trip and entertainment expenses, as an adjustment to the price of gambling. Everyday comps, according to a summary by a tax-practitioner summary, include rooms, meals, show tickets, and tier benefits, but they generally are not reported as income.

Cash back offers or free-play credits might land differently. These benefits are player-specific and not tied to staying and dining in the casino. A 1996 Tax Court case, Libutti v. Commissioner, reportedly held casino comps as wagering gains, but only practitioner summaries are available. Other chance-free offers, such as a player's first two nights on the casino's dime, might well draw a different ruling if reviewed, because they are not tied to slot play and sit as pure cash bonuses.

Free Play and Promotional Credits

Free play is a more interesting case. The perks themselves are generally not treated as cash. Winnings from free play, though, must be reported as gambling winnings, and a player must be savvy to separate the free-play win from the play amount itself. A promotional or no-deposit bonus from a casino is more straightforward — it is treated as a straight cash bonus, and not as a form of compensation.

Comps and Winnings on a Tax Return

So if that is the line between a taxable and nontaxable item, what must a frequent gambler report on their return? In this tax season, as every one, the player must report all slot, poker, and table-game winnings. These may be reported as gambling winnings, or may be reported grossed into taxable income as wagering gains, but the winnings from play are the bottom line.

And then sit with this, the player must include the cash equivalent of non-cash prizes in the same line. So if the IRS ultimately rules that a two-night stay counts as a “prize” and award, its cash value, as affirmed by the hotel’s rack rate for high game time, goes on your return.

In short, the winnings at high-dollar places like a Las Vegas casino are as taxable as the money in a paycheck, and nontaxable comps are as taxable as Christmas bonuses given by an employer to an employee, already in cash.