TLDR Rep. Dina Titus wants the FAIR BET Act passed before Congress adjourns. The bill would restore the 100% gambling loss deduction. A 2025 law cut the deduction to 90% of losses. The bill cleared the House Ways and Means Committee 38 to 5. Democrats take control of the House in January.
Gamblers who break even for the year can still owe federal tax under current law. Nevada Congresswoman Dina Titus wants Congress to change that before lawmakers leave for the year.
Titus sent a letter to House Speaker Mike Johnson and Majority Leader Steve Scalise. She asked them to add her FAIR BET Act to any major spending bill or other legislation that must pass before the session ends.
The request comes as lawmakers return from recess for the final weeks of the current term. News 3 Las Vegas first reported the letter.
We must restore the 100% gambling loss deduction before the end of the year.@HouseGOP cannot wait any longer to put a fix on the floor. pic.twitter.com/Q0zqAAxZ7U
— Dina Titus (@repdinatitus) November 5, 2026
How the 90% Rule Works
The FAIR BET Act stands for the Fair Accounting for Income Realized from Betting Earnings Taxation Act. It would repeal a provision in the One Big Beautiful Bill Act, which became law in July 2025.
That provision cut the share of gambling losses taxpayers can deduct from 100% to 90%. Before the change, gamblers could deduct all of their losses up to the amount of their winnings. Losses above winnings were never deductible.
Under the current rule, a person who reports $100,000 in winnings and $100,000 in losses still has $10,000 in taxable income. Under the old rule, the full deduction would have erased that amount. The gambler now owes tax on