WagerMintsIs DraftKings Predictions legal? State by state
Last reviewed Oct 27, 2026
1 states
Where does DraftKings Predictions stand?
DraftKings Predictions was sued by the Seminole Tribe of Florida in Broward County court on Oct. 8, 2026.
Federal courts
What have the federal courts said?
States say prediction market sports contracts are bets that their gambling laws cover, while Kalshi and the CFTC say they are swaps, a kind of derivative that only the federal Commodity Exchange Act and the CFTC regulate. The Third Circuit appeals court sided with Kalshi against New Jersey in April 2026, while the Ninth Circuit (Nevada, August 2026) and the Sixth Circuit (Ohio and Tennessee, September 2026) ruled for the states, all at the preliminary stage. The Fourth Circuit (Maryland) heard argument in May 2026 and had not ruled as of November 3. New Jersey's petition to the Supreme Court, Flaherty v. KalshiEX (No. 26-299), is waiting on Kalshi's response due December 7, 2026, and the Court has not yet said whether it will hear the case. On October 9, 2026 the CFTC proposed a rule defining event contracts as swaps.
Your taxes
How are DraftKings Predictions trades taxed?
Is DraftKings Predictions legal in the US?
DraftKings Predictions's position differs by state, and courts have split on whether states can apply gambling laws to these contracts. The states below have an order, lawsuit, letter or law on record that names DraftKings Predictions.
Do I owe tax on DraftKings Predictions profit if my state is fighting it?
Yes. Federal tax still applies, and IRS Publication 525 says income from illegal activities must be reported too. A state's legal fight doesn't remove tax on profit you already made.
DraftKings Predictions taxes, explained. All platforms and states.
Ask your AI
Ask your AI about your DraftKings Predictions year
Answer a few questions and we write the prompt for ChatGPT, Claude, Perplexity or any AI. It carries the four tax methods, your state’s rule and links to the pages behind them, checked November 3, 2026. Or run your actual trades for exact figures, free.
Add rough numbers (optional)
The AI can then work the methods out for your year. Round figures are enough.
Your prompt
1,818 characters
I trade prediction markets on DraftKings Predictions. I'm working on my US federal taxes for 2026. From WagerMints, checked November 3, 2026: - DraftKings hasn't published which form, if any, covers Predictions trades. - Sportsbook and casino winnings on the same account are a different product. Those are gambling winnings and can come with a W-2G. - The IRS has published no guidance on how event contracts are taxed. Four ways traders report this: 1. Capital gains: Form 8949 and Schedule D, short- or long-term by holding period. Net losses offset up to $3,000 of other income a year, and the rest carries forward. 2. Section 1256: Form 6781, 60% long-term and 40% short-term however long I held. Positions open on December 31 count as sold at that day's value. Disputed: Camuso and Mukherjee (Tax Notes Federal, June 2026) conclude it isn't available, White & Case argues for it, and the CFTC's October 2026 proposal to call event contracts swaps cuts against it, because Section 1256 excludes swaps. 3. Ordinary income: net result on Schedule 1, line 8z. 4. Gambling: winnings on Schedule 1, line 8b. Losses only on Schedule A if I itemize, only up to winnings, and only 90% of them from 2026. Read these pages: - https://wagermints.com/taxes/draftkings-predictions - https://wagermints.com/blog/how-to-report-kalshi-polymarket-taxes My question: How would my year come out under each of the four methods? How to answer: - Say which links you opened, and never describe one you didn't open. If one fails, use the facts above and say so. - Mark each point [linked source], [general tax rule] or [unsettled]. - Put the methods side by side in one table for my year, and state any number you assume. - Don't pick a method for me. End with questions for a CPA or enrolled agent, then anything you need from me.
WagerMints doesn’t see or store what you type here. The prompt goes to the AI you pick, under that company’s terms. Never add your Social Security number, API keys or wallet keys. AI answers can be wrong, so check them against the linked sources and a preparer.