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Can You Deduct Gambling Losses in 2026? New IRS 90% Rule

Gambling losses tax deduction 2026 rule limiting deductions to 90 percent

Can You Deduct Gambling Losses in 2026?

The gambling losses tax deduction 2026 rules have changed in a big way. While you can still deduct gambling losses, the new law limits the deduction to 90% of what you lost.

Thanks to the One Big Beautiful Bill Act, only 90% of your gambling losses are now deductible, even if you itemize. That missing 10% doesn’t carry forward, it doesn’t offset other income, it just disappears, and you pay tax on it anyway.

Tax professionals are calling it phantom income: taxable money that you never actually kept. If you gamble at all, whether once a year or every weekend, this change affects you. Here’s exactly what’s different and what you need to do about it.

 

 

What Changed in the Gambling Losses Tax Deduction 2026 Rules

Before 2026, the rules were straightforward. You reported gambling winnings as other income, as outlined in IRS Topic 419 on gambling income and losses, and if you itemized your deductions, you could deduct gambling losses up to the amount of your winnings. Win $10,000, lose $10,000, and as long as you itemized, those two numbers canceled each other out. Zero net taxable income.

Starting in 2026, that’s no longer how it works. The One Big Beautiful Bill Act limits your deductible losses to 90% of what you actually lost. The other 10% is gone for good.

Old rule: losses offset winnings dollar for dollar (if you itemized)

New rule: only 90% of losses are deductible, even if you itemize

The result: you can break even at the casino and still owe the IRS. That’s phantom income, and it’s now baked into the tax code.

 

How the 90% Gambling Loss Rule Works

Gambling losses tax deduction 2026 rule limiting deductions to 90 percentThe gambling losses tax deduction 2026 limits losses to 90 percent, creating potential phantom income for taxpayers.

Let’s walk through two examples so you can see exactly what this looks like on a tax return.

Example 1: Break-even scenario

You win $10,000 and lose $10,000. You itemize your deductions. Under the old rule, those offset each other completely. Under the new rule, you can only deduct 90% of your $10,000 in losses, which is $9,000. That leaves $1,000 of taxable income even though you didn’t come home with a single dollar. That’s the phantom income problem.

Example 2: Losses exceed winnings

You win $10,000 and lose $12,000. You actually lost $2,000 on the year. Under the new rule, 90% of your $12,000 in losses is $10,800. Since your deductible losses ($10,800) are more than your winnings ($10,000), you can fully offset the winnings, but the remaining $1,200 in excess losses doesn’t carry forward. It’s gone.

There’s no carryforward for gambling losses under any circumstance. Excess losses from a bad year can’t be applied to a good year down the road.

 

 

Do You Have to Itemize to Deduct Gambling Losses?

Yes. This hasn’t changed. Here’s how it works:

  • Gambling winnings are reported as other income on your federal tax return, according to IRS Publication 525, regardless of whether you itemize.
  • Gambling losses are an itemized deduction, which means they only help you if your total itemized deductions exceed the standard deduction.
  • If you take the standard deduction, you can’t use gambling losses to offset anything, even under the old rules.

This is a critical point that catches a lot of people off guard. You could lose $15,000 gambling and owe tax on every dollar you won, simply because you don’t have enough itemized deductions to make it worthwhile to itemize. The 90% rule makes this even more punishing for gamblers who are right on the edge.

 

How the Rule Impacts Professional Gamblers

If gambling is your primary source of income and you meet the IRS criteria for a professional gambler, you file your gambling activity on Schedule C (Profit or Loss From Business) instead of as other income. The upside is that you can also deduct legitimate business expenses: travel, lodging, meals, accounting fees, legal costs, and so on.

But the One Big Beautiful Bill makes several restrictions permanent for professional gamblers:

  • Losses plus business expenses can’t exceed your gambling income for the year.
  • You can’t use gambling losses to offset wages, investment income, or other non-gambling income.
  • Losses can’t be carried forward into future tax years.
  • The new 90% cap on deductible losses applies here too.

This is a significant hit. Most business owners can carry forward a loss year to offset a profitable year later. Professional gamblers have never had that option, and this law makes sure they never will. A bad year is just a bad year, with no tax relief to show for it.

 

Can Gambling Losses Offset Other Income?

No. This is one of the most common misconceptions in gambling taxation, and the answer is the same in 2026 as it’s always been: gambling losses can only offset gambling winnings. They can’t be used to reduce your wages, your business income, your investment returns, or any other source of taxable income.

If your losses exceed your winnings, you can deduct losses up to the amount of your winnings (now capped at 90% of total losses). Any amount above that is simply lost from a tax perspective. You can’t shelter other income using a bad run at the casino.

 

W-2G Reporting Changes for 2026

Here’s one of the few bright spots in this legislation. The W-2G is the form casinos use to report your gambling winnings to you and to the IRS. For slot machines, that reporting threshold hadn’t been updated since it was set at $1,200, which was a long time ago.

Starting in 2026, the W-2G threshold for slots increases to $2,000, and it will adjust for inflation each year going forward. That means fewer interruptions, fewer tax forms, and less administrative hassle for recreational players.

One important clarification: this change affects reporting, not taxation. You’re still required to report all gambling winnings on your tax return, regardless of whether you receive a W-2G. The form just tells the IRS what the casino already paid out. Not getting one doesn’t mean the income disappears.

 

Record Keeping Requirements for Gamblers

With the 90% rule now in place, your records are more important than ever. Casino statements and player rewards reports are a starting point, but they’re often inaccurate. They can overstate your income, miss certain wagers, and don’t always reflect session-level results. Don’t rely on them exclusively.

The IRS expects gamblers to keep a log or diary of their gambling activity. At a minimum, that log should include:

  • The date of each gambling session
  • The name and location of the establishment
  • The type of wager (slots, blackjack, sports betting, etc.)
  • The amount won or lost during each session
  • Names of anyone else present during the session

You don’t need to track every individual bet. The IRS recognizes the concept of a gambling session, which is generally one game at one location during one continuous period of play. If you sit down at a blackjack table for three hours, that’s one session. Net your results for that session and record the total.

This matters because session-level netting can work in your favor. If you won $1,000 on one hand and lost $2,000 later in the same session, you don’t report $1,000 of income and $2,000 in losses separately. You report a $1,000 net loss for the session. Good records make that possible.

 

Will Congress Fix the 90% Rule?

There’s real movement on this. The 90% cap is widely believed to have been an unintended consequence of a bill that moved fast. Many lawmakers, particularly those representing states where gaming is a major economic driver like Nevada, are actively pushing to reverse it. The argument is simple: this wasn’t the intent of the legislation, and it unfairly penalizes gamblers for money they never actually earned.

If a correction passes, it could potentially be applied retroactively to January 1, 2026. That’s worth tracking. But it’s not worth planning around. A fix could come next week or two years from now, and there’s no guarantee it passes at all. States without major gambling industries have less incentive to support the change, and tax revenue is tax revenue.

The right move is to plan under current law, keep good records, and stay alert. If the law changes in your favor, great. If it doesn’t, you’re already protected.

 

Key Takeaways

  • All gambling winnings are taxable income, casual or professional, with or without a W-2G.
  • You can only deduct gambling losses if you itemize. Standard deduction filers get no offset.
  • Starting in 2026, only 90% of your losses are deductible. The remaining 10% creates phantom income you’re taxed on even if you broke even.
  • Losses can’t offset other income like wages or business earnings, and they can’t be carried forward.
  • Professional gamblers face all of the above plus a permanent cap: business expenses plus losses can’t exceed gambling income for the year.
  • The W-2G threshold for slots rises to $2,000 in 2026 and adjusts for inflation. This affects reporting, not what you owe.
  • Keep a session-by-session gambling log. Casino reports aren’t reliable enough on their own.
  • Congress may correct the 90% rule, possibly retroactively. Plan under current law and watch for updates.

If you gamble regularly or advise someone who does, now is the time to update your tax strategy. The phantom income problem is real, it’s in effect right now, and good planning is the only way to minimize the damage.

 

 

Frequently Asked Questions About Gambling Losses in 2026

Can you deduct gambling losses in 2026?
Yes, but only up to 90% of your total gambling losses and only if you itemize deductions. Under the gambling losses tax deduction 2026 rule, you cannot deduct the full amount of your losses, and any excess does not carry forward.

Why do I owe taxes if I broke even gambling?
Because only 90% of gambling losses are deductible in 2026. If you won $10,000 and lost $10,000, you can only deduct $9,000. The remaining $1,000 becomes taxable phantom income.

Do you have to itemize to deduct gambling losses?
Yes. Gambling losses are an itemized deduction reported on Schedule A (Form 1040). If you take the standard deduction, you cannot use gambling losses to offset your winnings.

Can gambling losses offset other income like wages?
No. Gambling losses can only offset gambling winnings. They cannot reduce wages, business income, rental income, or investment income.

Can gambling losses be carried forward to future years?
No. Gambling losses cannot be carried forward. If your losses exceed your winnings in a given year, the excess disappears for tax purposes.

Does the 90% gambling loss rule apply to professional gamblers?
Yes. Professional gamblers filing on Schedule C are also subject to the 90% limitation. In addition, their losses and business expenses combined cannot exceed gambling income for the year.

What is the W-2G threshold for 2026?
Beginning in 2026, the W-2G reporting threshold for slot winnings increases to $2,000 and will adjust annually for inflation. This change affects reporting, not taxation. All gambling income remains taxable.

What records should gamblers keep for tax purposes?
The IRS expects a session-level gambling log that includes the date, location, type of wager, and net win or loss per session. Accurate records are essential to support deductions under the gambling losses tax deduction 2026 rule.

 

Disclaimer

The information in this article is for educational purposes only and does not constitute tax or legal advice. Tax laws change frequently and individual circumstances vary. Always consult a qualified tax professional for guidance specific to your situation.

 

Transcript New Gambling Tax Rules

Mike J: Imagine breaking. Even at the casino, you win $10,000, you lose $10,000, but still getting hit with a tax bill, that sounds insane, right? But starting in 2026, that’s exactly what Congress just approved under the one big beautiful Bill Act, and almost nobody is talking about this. Today. I’m gonna break down a brand new tax rule that quietly.

Slipped into the tax law. We’re gonna talk about why it creates P and income for gamblers and what both casual and professional gamblers need to do right now to protect themselves. If you gambled even occasionally or advise someone who does this episode is gonna matter to you./

Old Rule Basics

Mike J: So to start off, I wanna talk about and just give a little background on the old rule.

And this is mainly for casual [00:01:00] gamblers. So the old rule prior to this tax law change was that any winnings that you have, you would report as other income. And then any losses that you have from gambling, you could deduct as an itemized deduction on your schedule A. Now you can deduct losses. Up to your winnings, but you cannot create a loss or use it as like a tax shelter.

So let’s say you had $10,000 in Weedings and $10,000 in losses, you can offset those as long as you itemize. Now, if you are a standard deduction person, you don’t take itemized deductions, you wouldn’t get any of those losses. So in order to use gambling losses, that’s part of your itemized deductions.

You’d have to be an itemized deduction. But the old rule. Is that you could take losses up to your winnings, but you couldn’t create a loss. You can’t use a loss that you could use to offset other income of yours from a gambling loss. 

2026 90% Loss Cap

Mike J: But now let’s talk about the changes in 2026. And this is a big part of the bill that the one big, beautiful bill.

This is a big change, especially for gamblers that came through. So [00:02:00] starting in 2026, only 90% of your losses are allowed as an itemized deduction. So let’s use this as an example. Let’s say that you have $10,000 in losses. You are only allowed to take as an itemized deduction. $9,000. So

your losses are limited to 90%. Whatever your losses are, 90% is the max that you can take as an itemized deduction to offset gambling winnings. Now the same thing stays true. It’s gambling losses are still gonna be considered an itemized deduction. So if you’re standard deduction filer, you don’t do itemized deductions, you wouldn’t be able to offset any of your gambling income.

But if you itemize your gambling losses that you can use. To offset gambling winnings is now limited to 90%. 

Phantom Income Examples

Mike J: So let’s say, let’s go through another example. Let’s say you had gambling winnings of $10,000, but you have losses of $10,000. Old rule. They offset each other.

As long as you itemize, you’re good. But in that scenario. You’d only be able to take $9,000 in losses. Now here in 2026, 90% of your [00:03:00] losses, so $9,000 of a $10,000 loss is all that you’d be able to take if you itemize, and then you’d have a thousand dollars of what I call phantom income. So in that scenario, you’d report on your tax return, $10,000 in other income if you itemized, you’d be able to take $9,000 from your $10,000 in losses and be able to offset that $10,000 in income.

But now you have a thousand dollars, so you’re paying tax on a thousand dollars even though you. Broke even. So let’s go through another example. Let’s say that you had gambling gains of $10,000, but you had $12,000 in loss. So truthfully, you lost $2,000. Now in this case, you’d be able to take 90% of the $12,000 in losses, so that’s 10,800.

So you would be able to take losses. Of $10,000 up to your winnings, of course, if you itemize. So in that case, if your losses are more than your winnings, you’d be able to take, 90% of your losses still. And, anything over and above your winnings, you lose forever. So you can’t carry it forward.

You can’t carry it forward losses or anything like [00:04:00] that. But in that scenario, $12,000 in losses, 10,000 in winnings. Your losses, 90% of your losses is more than your winnings, so you’d be able to clear that out again, if you itemize deductions. Now we’re gonna talk about some things from professional gamblers and some good things that came from this law that we’re gonna talk about too.

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And you’ll also get access to a bonus discovery call with our team. Just head on over to tax savings podcast.com/starter kip to grab your free copy. Again, that’s tax savings podcast.com/starter kit. Alright, now back to this episode. 

Professional Gambler Impact

Mike J: What I wanna talk about now is professional gamblers. So most of what we talked about already is what we call a casual gambler.

You report gambling winnings as other income. You in order to take losses, you have to itemize deductions. And [00:05:00] now in 2026, you’re limited to 90% of your losses. But, and that’s most people are what we call casual gamblers. Maybe they gamble a lot, but they have a day job.

And gambling is just an entertainment. Piece to them. Now, even if they’re winning doesn’t mean they’re a professional gambler. In order for a professional gambler, there’s some specifications that they need to meet. But you might be asking for professional gamblers out there. What does this do if you do gambling full time?

How does this work for you? and this law actually gets, it gets worse for you guys. So for those professional gamblers out there, this law makes it even. Worse than it does for casual gamblers. So no qualifying as a professional gambler. It’s not easily, but it can be doable if you have complete and accurate records.

So as a professional gambler, you report your gambling activity on a Schedule C. And the cool thing about professional gamblers is that you can also deduct related expenses. So think of things like travel, lodging, meals, tips, accounting and legal fees, all those different things. As a professional gambler, those are part of your business, your gambling business, and [00:06:00] you are able to take expenses for that.

Now as a professional, gambling, losses plus expenses may not exceed gambling income for the year and losses cannot be carried forward. So that’s the downside. If you are. You’re just an everyday business owner out there and you have a loss in your business. That loss you can either use to offset other income of yours potentially, and if you can’t offset other income, it’s gonna carry forward for when you have income from that business.

That’s a beautiful thing. If you are a business owner and you have losses in your business, you can either use ’em to offset other income if you’re applicable or you can carry it. Forward, but as a professional gambler, and this has been made permanent with the one big, beautiful bill gambling losses, plus any expenses related to that, gambling cannot exceed gambling income for the year, and losses can’t be carried forward.

And now in 2026, they also get hit with that 90% rule. So this 90% rule is in place for casual gamblers as well as professional [00:07:00] gamblers. Professional gamblers have this other piece that has been made permanent. In 2026 where you cannot use losses to offset other income and you cannot carry forward any losses into future years.

So let’s say you have a really bad year of gambling in the next year. You have a good year. You cannot use losses from that bad year to offset income or, winnings from that good year. 

Possible Fixes and W2G Update

Mike J: So let’s talk about some of the good things now, much of what we talked about is just bad news for gamblers and if you’re gambling a lot, this is really bad news.

If you’re just casual gambling, maybe it’s not at that big of a deal. It’s not something you see often. Maybe you’re like a lot of people out there who don’t really win too much. But either way, this is bad news for gamblers. But some good things about this, many in Congress are actively putting bills on the table to correct this.

Think of especially Congress members in. Nevada in areas where gambling is a big thing. They’re saying, Hey, this was a mistake. This was not meant to be. This was pushed into the bill last minute, and a lot of people didn’t even know it was in there, but they just needed to pass this bill. If you remember this one big, beautiful bill.

It was [00:08:00] a rush job and really a lot of stuff got put in and it got passed very quickly, which was good because it didn’t sit around and be contemplated. But you also have some mistakes that happened. And so there are a lot of people in Congress that are looking to change this to say, this was not the intentions of what we wanted.

This needs to be corrected. And this happens all the time where something gets passed, the intention wasn’t what it is, and they tried to correct it. Now. Does that mean that it will get corrected? We don’t know. When could that correction come? It could be a year from now. It could be two years from now. It could be next week.

We don’t know when or even if a correction will come. So what we need to plan today for is what is law today, and not what could be law, but just know that there is some movement, there is some talk at Congress to try to correct this, but don’t plan for it. We always wanna look at what is law today and plan around that.

Now the other good thing about the one big, beautiful blow, and this is good in general, is the new W2 G limit. So if you [00:09:00] have gambling winnings, the casino traditionally has to report those gambling winnings to you on a W2. G. Now that W2 G only gets sent once you have gambling winnings over a certain amount in that amount, especially for slots used to be $1,200.

So if you want a thousand dollars on a bonus on a slot, you’re not gonna get a W2 G from that. Now, just because you don’t get a W2 G doesn’t need. Doesn’t mean you don’t need to report this income. It just means that the casino is not gonna send you a W2 and it’s not gonna send the IRS W2, but it doesn’t mean that you don’t report it.

Now, one good thing about this bill is that W2 G, instead of it being $1,200, they have upped it to $2,000. For slots. This is about change that probably should have been done a while ago and it probably even should be done or it should be even higher than that, but that’s what that new limit is.

The new W2 G limit is $2,000 for slots here in 2026, and that’s gonna be adjusted annually based on inflation. So couple good things, a couple things to look out for Congress. Are they gonna fix this? We [00:10:00] don’t know. 

Recordkeeping and Sessions

Mike J: Now let’s talk about as a gambler, what is important, especially now considering this new law.

And the biggest thing that I say, and this is for casual gamblers, it’s for professional gamblers. You need to maintain good records of both gambling winnings and especially. Gambling losses. A lot of people depend on the casino reports, but those casino reports aren’t necessarily accurate. A lot of times your income’s gonna be over reported.

A lot of times it’s not based on sessions and various different things. So don’t depend specifically on the casino reports. Do your own work in, in, in logging this. And so we always say for gamblers, you should keep a log or a diary. And in that log or diary, you’re gonna have a few different things.

One, you’re gonna list the date. You’re gonna wish list which gambling establishment you’re at. What’s the casino that you were gambling at? You’re gonna list on there the types of wagers made. So was it slots, was it blackjack? What, what were you doing? You’re gonna indicate the amount that you won or lost during each session that you were gambling.

And then you’re [00:11:00] also gonna wanna put names of other people that were maybe with you during each of those sessions. So any. Casual or professional gamblers should have a log or a diary of their gambling activity that has date gambling establishment, types of wages made, amounts they won or lost during each session.

And then if you were doing this with anybody else, and that just helps provide proof of that. Now, you do not need to keep track of each individual bet, so you know I made a $25 blood on blackjack. You don’t need to keep track of each individual bet, but rather you want to keep track of each gambling session now.

What does a session mean? There is no perfect definition, but generally it’s one game at one location during one continuous of play, usually up to a day. So let’s say you sit down on a blackjack table and you’re there for three hours, that’s gonna be a session. And when you have a session, the nice thing about that is that you can net it out.

So even if you maybe put, won a thousand dollars on a plant of black on a hand of blackjack. During a session, if you then [00:12:00] lost $2,000, you don’t have to report a thousand dollars of income and then a $2,000 in losses, you’re gonna net that out for the session. And that session is gonna report a thousand dollars loss, one in 1000 income, 2000 in losses.

That session’s gonna be a net. Thousand dollars loss. So that’s where sessions can be placed, but you’ve gotta make sure that you have good record keeping. Another thing to look at it is your specific state. All states treat gambling differently. So this, what we’re talking about today is all at the federal level.

You also want to do some research at the state level to see how that changes or what differs for you at the state level. 

Key Takeaways and Wrap Up

Mike J: All right, so let’s talk about some key takeaways in things as a gambler that we need to be thinking about as we’re here in 2026, especially with these new law changes. Number one, and this was the big one, you pay taxes on your gambling winnings, whether you’re a professional gambler or you’re a casual gambler, and again, most people are gonna qualify under that casual gambler.

This is a full-time gig, you’re doing it for a profit, all those different things. Most people are gonna qualify as a casual gambler, and you’re gonna pay taxes [00:13:00] on your gambling. Winnings. Now, you’re also gonna be able to deduct losses or offset those gambling winnings with losses, but only if you itemize.

If you take the standard deduction, you cannot take gambling losses against your gambling winnings. In the other key factor, and this is the big change for 2026, beginning this year, only 90% of those losses you can deduct against gambling winnings the remaining 10%. Lost forever. If you have lost more than you won, you can’t carry it forward.

It’s gone. You can offset, but you cannot create a loss and kind of use gambling as a tax shelter again, example. You have $10,000 in winnings. You have $10,000 in losses. If you itemize deduction, you can only take $9,000 in losses, 90% of your losses to offset that $10,000 in income, which is gonna leave you with $1,000 of phantom income, your paying tax, then a thousand dollars.

Even though you didn’t win it, this is bad news. This is what people are looking to change, and this is what the Congress is looking to change. The other key [00:14:00] takeaway, the one big, beautiful bill, makes permanent that professional gamblers not casual gamblers. Professional gamblers cannot deduct business expenses.

In excess of their winnings. So there’s no losses that you can use to offset other income and there’s no carry forward of losses in your business from one in your gambling business from one year to the other year. This is a big change made permanent. Now both professional and casual gamblers should keep accurate records of their gambling wins in losses, and they should do it by gambling.

Session. This is gonna help back that up. This is gonna provide proof. This is gonna help you report this when it comes to tax time. So keep accurate records based on gambling sessions, especially the wins, and more importantly, the losses, because those are gonna be the important ones that we’re gonna wanna be tracking to offset those gambling wins a good win for people.

The W2 G threshold has been raised to $2,000 for 2026 and will increase based on inflation for future years. This is the $1,200 limit that was there, especially for slots, has been there for many years, and so this is a good change. That looks [00:15:00] like that. That’s gonna start to go up finally. Keep an eye out on Congress and potential changes and fixes to this new law.

There’s a lot of, there’s a lot of planning around this. A lot of people that say this was a mistake, this was not the intentions, this is not good. Especially those Congress members from states that really depend on gambling. You don’t think Nevada. So there is push to change this, but that doesn’t mean it’s gonna happen.

It’s not that easy to get a bill through Congress, especially when you have people in non gambling states that don’t really care, that want to take the extra revenue from this in the government. Keep an eye on it, but. Plan for what the law is today, not what it could be, but keep an eye on it because if it does change, they could retroactively apply it to January 1st.

And it just depends on when that law changes. In the last big bill that was passed in 2017, there were some corrections that made for that. It took until this bill to correct some of those. There was something passed in 2017 that was not intentional. It took until 2025 to correct that. So don’t plan on it being corrected, but just know that.

There is people actively putting bills on the [00:16:00] table to correct us. Now, this is one of those tax changes that might sound small, just 10%, until you realize that it can create taxable income out of thin air. It can create taxable income, phantom income, that’s not actually income. That’s the bad news if you gamble.

Advise gamblers or just wanna stay ahead of tax law changes that actually cost real money. This is something that you wanna watch closely. Put it on your radar, and if you found this helpful, don’t forget to subscribe. Hit that like button and share it with a business owner or a gambler who’s sick of paying more in tax than they should.

And if you want help from our team of tax professionals implementing Start Smart strategies like this and avoiding expensive surprises, visit us at Tax Zone. That’s TAX elm.com, or click the link in the description for a free discovery call. We are helping people like you legally lower your tax bill every single day.

Thank you, and I’ll see you on the next one. 

Final Disclaimer

Mike J: Thanks for tuning in to the Small Business Tax Savings Podcast. We hope today’s episode sparked [00:17:00] some brilliant ideas to help you save on taxes and grow your wealth. If you loved what you heard, hit the subscribe button and share the wealth with fellow entrepreneurs. For a treasure trove of tax saving resources, visit tax Savings podcast.com.

There you’ll find tools, guides, and all the info you need on reducing your taxes. Let’s elevate your business to new heights together. Remember the insight shared here for educational purposes and not specific tax or legal advice. Always consult with a qualified professional for your unique situation.

Until next time, keep thriving and saving.

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