Gambling regulation: three authorities, one industry, and a tax nobody expected
Three separate authorities regulate this industry and none of them regulates all of it. That gap is where prediction markets live - and it is what the largest contract in this subject is about.
At a glance
- The 2026 change
- Gambling losses deductible only against 90% of winnings, from tax year 2026
- The repeal effort
- The FAIR BET Act would restore 100%; no floor vote as of March 2026
- State tax spread
- 6.75% in Nevada and Iowa to 51% in New York, New Hampshire, Oregon and Rhode Island
- The stated policy driver
- 1-2% of US adults will experience a gambling disorder in their lifetime
Who regulates what
Three authorities divide this industry and the division is the whole subject. States license operators, set tax rates on their revenue and decide what may be offered within their borders - which is why legality, product range and price differ from one state line to the next. Congress does not license anyone but sets the federal tax treatment of winnings and losses, which reaches every bettor in every state. And a federal commodities regulator oversees event contracts, which are traded on exchanges under a framework that was not written with betting in mind.
That third category is where prediction markets sit, and the distinction is legal rather than cosmetic. An event contract is a derivative traded on a designated exchange with a clearing house behind it; a wager is a licensed transaction with a bookmaker who is the counterparty. The economic experience can look identical to a participant while the regulator, the counterparty structure and the tax treatment are entirely different.
Whether that distinction holds is itself a traded question. The board carries a contract asking whether sports prediction markets end up taxed as gambling - which is precisely a bet on whether the categories are collapsed. It is unusual and slightly recursive: a prediction market pricing the probability that prediction markets are reclassified.
States license the bookmaker. Congress taxes the bettor. A commodities regulator oversees the exchange. Prediction markets exist in the space between the three.
What the rules are for
State licensing exists to raise revenue and to bound harm, and the rate structure shows which motive dominates where. Tax rates on sportsbook revenue run from 6.75 per cent in Nevada and Iowa to 51 per cent in New York, New Hampshire, Oregon and Rhode Island - a spread so wide that identical businesses have completely different economics depending on the state line. Illinois went further and introduced a tiered structure, taxing lower-revenue operators at 15 per cent and the largest at 40, making it the first state to apply a progressive model to the sector.
The federal tax rules exist to define income, and the 2026 change did something unusual within that. Under the provision taking effect for tax year 2026, gambling losses are deductible only up to 90 per cent of winnings. The consequence is that a bettor who wins and loses the same amount over a year - who is exactly even - now has taxable income they never received. The term that has attached itself to this is phantom income, and it is accurate.
The harm rationale is what the licensing regime is publicly justified by, and the figures behind it are specific. Between one and two per cent of American adults - two to four million people - will experience a gambling disorder at some point, and a further three to five per cent will report a subclinical problem. Nearly twenty million adults report problem gambling behaviours, with men reporting them at roughly double the rate of women. Those numbers are why state licences carry funding obligations for problem gambling programmes, and they are the argument every tightening of the rules is built on.
- State tax: 6.75% to 51%, with one state now progressive by operator size.
- Federal tax: losses deductible against only 90% of winnings from 2026.
- Harm: 1-2% lifetime disorder prevalence, and the basis of every licensing obligation.
- No reported problemThe large majority, on every study reviewed
- 94.5%
- Subclinical problem at some pointRoughly 5 to 9 million adults
- 4%
- Gambling disorder at some pointRoughly 2 to 4 million adults
- 1.5%
Source: National prevalence research summarised by the National Council on Problem Gambling
Where each change is published
Federal tax changes arrive as statute and are unambiguous once enacted, which is what makes the deduction contract tractable. The 90 per cent limitation is in the law and applies for tax year 2026 unless it is changed; the change would have to be a further act of Congress, published the same way. There is no discretionary route here - no agency can rescind it and no ruling can reinterpret it away.
The repeal effort therefore has a visible, checkable path, and its current position is the whole of the analysis. A bill to restore full deductibility has been introduced. As of March 2026 no repeal bill had reached a floor vote. In May 2026 the House Rules Committee declined to advance it as an amendment to that year's defence bill, and it sits with the tax-writing committee. Every one of those is a matter of public record, and the contract asking whether the cap is repealed before 2027 resolves on whether that sequence completes.
State-level changes appear in state legislatures and gaming commissions, and they move far faster and more often than the federal rules. That is where rate changes, product approvals and advertising restrictions actually happen, and it is why a national view about gambling policy is usually less useful than watching four or five specific states.
For the event-contract question, the relevant record is the federal commodities regulator's docket and the court cases around it. A reclassification would show up there or in statute rather than in an announcement, and the existing guide on prediction market taxes covers the individual side of that question.
- The 90% cap: in statute, so only Congress can undo it.
- The repeal: introduced, no floor vote, held at the tax-writing committee.
- State changes: faster, more frequent, and where rates actually move.
1Introduction
A bill to restore full deductibility of losses has been introduced
2Tax-writing committee
Where it currently sits after the Rules Committee declined to attach it to the defence bill
The gate it has not yet passed — and the one that decides the contract
3Floor vote in the first chamber
Not reached as of March 2026
4The second chamber
A separate calendar, separate committee, and separate coalition
5Signature
The point at which the statute actually changes
6Effective tax year
Even after enactment, which year it applies to is a separate provision
A repeal that arrives but applies from 2027 resolves a 2026 contract differently
Behind the subscription
The rest of this entry is the part that changes a decision: what moves the price, which contract sets it, who ships it and where that can be cut off.
What moves these markets
Why legislative repeal contracts are structurally overpriced, the revenue-scoring constraint that keeps unpopular provisions alive, and what a reclassification would do to the venues pricing it.
Where the exposure trades
Why a single state's budget proposal moves operator equities so hard, why a customer-side tax change is systematically underpriced, and the concentrated exposure the venues carry to their own classification.
Where the money actually goes
Why handle and hold produce completely different tax arithmetic, where the harm-programme funding actually comes from, and which population the netting change reaches hardest.
How to approach these contracts
How to count the remaining vehicles a repeal could ride on, the instrument-first framing that turns the classification question into research, and why one view about the direction of regulation gets two of three contracts wrong.
Included with a subscription
Create an account to unlock the full entry — price drivers, trading venues, trade flows and the live markets attached to it.
Frequently asked questions
- What changed about deducting gambling losses?
- From tax year 2026, losses are deductible against only 90 per cent of winnings rather than the full amount. A bettor who breaks exactly even over a year therefore has taxable income they never received — the reason the provision is described as creating phantom income.
- Is the deduction cap going to be repealed?
- A bill to restore full deductibility has been introduced but had not reached a floor vote as of March 2026, and in May the House Rules Committee declined to advance it as an amendment to that year's defence bill. It sits with the tax-writing committee, and repeal would take an act of Congress.
- Are prediction markets gambling?
- Legally they have been treated as event contracts — derivatives traded on a designated exchange with a clearing house — rather than as wagers with a bookmaker. That places them under a federal commodities regulator instead of state gambling licensing, and whether the categories get collapsed is itself a traded question.
- Why do sports betting tax rates vary so much between states?
- Because states set them independently. Rates on sportsbook revenue run from 6.75 per cent in Nevada and Iowa to 51 per cent in New York, New Hampshire, Oregon and Rhode Island, and Illinois now applies a tiered structure from 15 to 40 per cent based on operator revenue.
- How many people are affected by gambling problems?
- Between one and two per cent of US adults — two to four million people — will experience a gambling disorder in their lifetime, and a further three to five per cent will report a subclinical problem. Nearly twenty million adults report problem gambling behaviours, men at roughly double the rate of women. These figures are the stated basis for licensing obligations and for every tightening of the rules.
Primary sources
- Forbes — Gambling tax alert: new law cuts loss deductions
- NATP — Will the OBBBA gambling deduction change be reversed?
- Tax Foundation — Online sports betting taxes by state
- National Council on Problem Gambling — National survey on problem gambling risk
- NCBI — Pathological and problem gamblers in the United States
Related entries
Prediction markets carry real risk of loss. Nothing on Market Guy is financial advice — it is research tooling to help you think, not a signal to trade.