Is Underdog legal in Ohio?
Underdog Exchange DCM sued Ohio officials in federal court in Cleveland on Sept. 8, 2026 and asked for a preliminary injunction on Oct. 16, 2026; no ruling yet.
Checked Oct 27, 2026 against court dockets and official pages. Not legal advice.
Underdog in Ohio
- Status
- Being fought in court
- Latest step in Ohio
- Oct 16, 2026
- State income tax
- 2.75% flat above $26,050
- Gambling losses
- No
Legal status
Where does Underdog stand in Ohio?
As of October 27, 2026, Kalshi and other platforms have not been stopped by a court order in Ohio, and no ruling protects them either. On September 25, 2026 the Sixth Circuit appeals court upheld a federal judge's refusal to block Ohio from enforcing its gambling laws against Kalshi's sports contracts. Kalshi has asked the full Sixth Circuit to rehear the case, and Polymarket US and Underdog have filed their own suits against Ohio in October.
What happens next: The Sixth Circuit has not yet ruled on Kalshi's Oct. 9, 2026 request for a rehearing by the full court; the Ohio trial court case is paused until the appeal mandate issues.
Underdog · 1 step
What has happened with Underdog in Ohio?
Sep 8, 2026
Court · U.S. District Court, N.D. Ohio · Underdog Exchange DCM, Inc. v. Wilson (No. 1:26-cv-02169)
Underdog's exchange and a related company sued Ohio officials in federal court in Cleveland, seeking to block enforcement against its sports event contracts.
CourtListener docket, Underdog Exchange DCM v. Wilson
Same state
What else has happened in Ohio?
Oct 7, 2025
Court · U.S. District Court, S.D. Ohio · KalshiEX LLC v. Schuler (No. 2:25-cv-01165)
Kalshi sued the Ohio Casino Control Commission and its officials in federal court in Columbus, asking the judge to stop Ohio from enforcing its gambling laws against Kalshi's sports contracts.
CourtListener docket, KalshiEX v. SchulerMar 9, 2026
Court · U.S. District Court, S.D. Ohio · KalshiEX LLC v. Schuler (No. 2:25-cv-01165)
A federal judge in Columbus denied Kalshi's request for a preliminary injunction. This was not a final ruling, but Ohio was left free to enforce its laws.
CourtListener docket, entry of Mar. 9, 2026Sep 25, 2026
Court · U.S. Court of Appeals for the Sixth Circuit · KalshiEX LLC v. Schuler (decided with KalshiEX LLC v. Orgel) (Nos. 26-3196 and 26-5235)
The Sixth Circuit appeals court affirmed the denial of Kalshi's injunction in Ohio. It held Kalshi had not shown its sports contracts are 'swaps' under federal law and, even if they were, federal law does not override Ohio's gambling laws. This ruling was about a preliminary injunction, not a final judgment.
Sixth Circuit opinion, Sept. 25, 2026Oct 9, 2026
Court · U.S. Court of Appeals for the Sixth Circuit · KalshiEX LLC v. Schuler (No. 26-3196)
Kalshi petitioned for the full Sixth Circuit to rehear the case. The CFTC filed a friend-of-the-court brief on Oct. 16, 2026.
CourtListener docket, Sixth Circuit No. 26-3196Oct 16, 2026
Court · U.S. District Court, S.D. Ohio · QCX LLC v. Wilson (No. 2:26-cv-01502)
QCX LLC, which runs Polymarket US, sued Ohio officials in federal court in Columbus. On the same day Underdog filed a motion for a preliminary injunction in its Cleveland case.
CourtListener docket, QCX LLC v. Wilson
Your taxes
What does this mean for your Ohio taxes?
Ohio taxes gambling winnings and prediction market profits as income (2.75% flat above $26,050). It doesn't let you deduct gambling losses, so gambling winnings are taxed in full on your state return.
For 2026, Ohio taxes nonbusiness income at 0% on the first $26,050 and 2.75% above that. For 2025, the rate was 2.75% from $26,050 to $100,000 and 3.125% above $100,000.
Ohio doesn't allow a deduction for gambling losses. Ohio starts from federal AGI, and the 2025 Ohio Schedule of Adjustments has no line for gambling losses. Ohio taxes the full winnings.
Federal tax applies wherever you live. The IRS hasn’t said how event contracts are taxed, so traders use one of four methods: capital gains, Section 1256, ordinary income or gambling. Underdog taxes, explained. All Ohio tax rules.
A court fight doesn’t change what you already owe. Positions you closed still count in the year they closed, so download your records now, whatever happens with access in your state.
Ask your AI
Ask your AI about Underdog in Ohio
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
2,465 characters
I trade prediction markets on Kalshi. I'm working on my US federal taxes for 2026. I live in Ohio. From WagerMints, checked November 3, 2026: - Kalshi's Documents page says it does not report profits and losses to the IRS. - Forms it may send: 1099-INT for interest, 1099-MISC for credits and rewards, 1099-B or 1099-DA for crypto transfers. - Its Profit and Loss statement uses first in, first out, is split by year and updates on the first morning of each month. - Reward credits only appear in the activity export, not the trades export. - 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. Ohio: Ohio taxes gambling winnings and prediction market profits as income (2.75% flat above $26,050). It doesn't let you deduct gambling losses, so gambling winnings are taxed in full on your state return. Legal status there: As of October 27, 2026, Kalshi and other platforms have not been stopped by a court order in Ohio, and no ruling protects them either. Read these pages: - https://wagermints.com/kalshi-taxes - https://wagermints.com/blog/how-kalshi-calculates-profit-and-loss - https://wagermints.com/blog/how-to-report-kalshi-polymarket-taxes - https://wagermints.com/state-taxes/ohio 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.
Questions
Questions about Underdog in Ohio
Is Underdog legal in Ohio?
Underdog Exchange DCM sued Ohio officials in federal court in Cleveland on Sept. 8, 2026 and asked for a preliminary injunction on Oct. 16, 2026; no ruling yet. This reports public records as of Oct 27, 2026, and it isn't legal advice.
Can I still trade on Underdog in Ohio?
Check the app, because platforms change what they offer by state and by contract type. This page tracks court and regulator actions, not each platform's product list.
Do I owe tax on Underdog profit in Ohio?
Yes, federal tax applies wherever you live. Ohio taxes gambling winnings and prediction market profits as income (2.75% flat above $26,050). It doesn't let you deduct gambling losses, so gambling winnings are taxed in full on your state return.
Does the Ohio legal fight change how my trades are taxed?
No. These cases decide whether Ohio can license or stop the platforms. They don't decide how your trades are taxed. IRS Publication 525 says income from illegal activities must be reported too, so a state's win wouldn't remove tax on profit you already made.
More
Other pages on this
Other platforms in Ohio: Kalshi, Polymarket.
Underdog in other states: Tennessee, Wisconsin, Connecticut, Massachusetts, and the full list.
See your own year four ways
Whatever your state decides, your tax year still has to be filed. See it under all four methods.
Run your reportSources
- CourtListener docket, KalshiEX v. Schuler
- CourtListener docket, entry of Mar. 9, 2026
- CourtListener docket, Underdog Exchange DCM v. Wilson
- Sixth Circuit opinion, Sept. 25, 2026
- CourtListener docket, Sixth Circuit No. 26-3196
- CourtListener docket, QCX LLC v. Wilson
- CourtListener docket, Sixth Circuit No. 26-3196
- IRS Publication 525 (illegal income)
- Ohio Department of Taxation, 2025 IT 1040 / SD 100 instructions booklet
- Ohio Revised Code 5747.063, Withholding from casino and sports gaming (version effective 9/30/2025). Seen in search results only, page did not load.
- Ohio Revised Code 718.031, Withholding from casino, lottery, and sports gaming winnings. Seen in search results only, page did not load.
- Ernst & Young Tax News (SECONDARY), Ohio legislation lowers top rate for 2025 and implements flat tax in 2026
Public records as of Oct 27, 2026. This isn’t legal or tax advice. For your own position, ask a lawyer licensed in Ohio.