Filing
I Didn't Report Kalshi or Polymarket in Past Years. What Now?
Never reported your Kalshi or Polymarket trades? When to amend with Form 1040-X, when to file a late return, what penalties apply, and when to call a lawyer.
The WagerMints Team
Prediction-market tax research
November 1, 2026/6 min read
Fix it by filing. If you filed a return that left out your Kalshi or Polymarket trades, use Form 1040-X. If you never filed, file the past due return. Profit is taxable even when no form arrived. A losing year may get you money back, but only within a time limit.
Which case are you in?
| Your situation | What to file | Main concern |
|---|---|---|
| Filed a return, left out a profit | Form 1040-X for that year | Extra tax plus interest, possibly a 20% penalty |
| Filed a return, left out a net loss | Form 1040-X, if a loss helps you | The refund deadline |
| Never filed for that year and had to | The past due Form 1040 | Late filing and late payment penalties |
| Left it out on purpose | See a tax attorney first | Criminal exposure |
Do you owe tax if you never got a form?
Yes, if you made a profit. Kalshi’s Documents page says “Kalshi does not report profits/losses to the IRS.” Polymarket sends no tax forms. Neither fact makes the income tax free, and either platform’s records can still exist when a return is reviewed.
A $10,000 short-term gain in the 22% bracket adds $2,200 of federal tax, before interest and any penalty. A year with a net loss works differently. You may owe nothing extra, and you may be owed money.
How do you amend a past return?
Use Form 1040-X, one for each year, and include any forms that change, such as Form 8949 and Schedule D. You can e-file it through tax software. The IRS says the amended return replaces your original.
Pay any extra tax when you file. If you’re filing after the April due date, the IRS says not to add interest or penalties yourself, because it works those out and bills you.
If your state taxes income, its return may need the same correction. Each state has its own form and deadline. Find your state.
What if you never filed at all?
File the past due return the same way you’d file an on-time one. If you’ve received an IRS notice, send it to the address on the notice. The IRS says filing and paying now limits interest and late payment penalties, and it warns that you can lose a refund if you wait more than 3 years from the return’s due date.
What penalties can apply?
| Penalty | Amount | When it applies |
|---|---|---|
| Failure to file | 5% of the unpaid tax per month, up to 25% | Return filed late. If it’s over 60 days late, there is a minimum: the smaller of 100% of the tax due or $525 for returns due after 2025 ($510 for returns due in 2025, $485 for 2024) |
| Failure to pay | 0.5% of the unpaid tax per month, up to 25% | Tax paid late. In months both apply, the filing penalty is reduced by this amount |
| Accuracy-related | 20% of the underpayment | Negligence, or understating tax by more than the greater of 10% of the correct tax or $5,000 |
| Interest | Set by the IRS and charged on unpaid tax | Runs until the tax is paid |
You can ask for relief. The IRS may remove or reduce some penalties if you acted in good faith and can show reasonable cause. Its First Time Abate waiver applies to taxpayers with three years of timely compliance, and the IRS says it is moving to a new program, Automatic Exemption from Penalty, starting in summer 2026.
How far back can the IRS go?
- 3 years after the return was filed, as the general rule.
- 6 years if you left out income of more than 25% of the gross income stated on the return.
- No limit if you filed no return, filed a false or fraudulent return with intent to evade, or willfully tried to evade the tax.
These limits aren’t a reason to wait. Interest and late payment penalties keep growing, and a year with no return never starts the clock.
Can you claim a loss from a past year?
Often, yes. A refund claim generally has to be filed within 3 years of filing the original return or 2 years of paying the tax, whichever is later. A return filed early counts as filed on its due date. So a 2023 return filed by the April 15, 2024 deadline generally stays open for a refund until April 15, 2027, and an extension can push that date later.
How much a loss helps depends on your method. A capital loss offsets capital gains and then up to $3,000 of other income, and the rest carries forward. If a loss year is past the deadline, ask a preparer whether an unused loss still carries into a year you can change. Before 2026, gambling losses were deductible up to winnings, if you itemized. The 90% limit only starts in 2026.
Which tax method do you use for past years?
The same four are on the table: capital gains, Section 1256, ordinary income and gambling. No IRS guidance picks one. Choose the one you can support for that year and keep your reasoning with the return. The choice also sets what carries forward into later years, so look at the years together before you file the first one. How each method is reported.
Where do you get old trade records?
- Kalshi: go to Account, then Tax Info, and pick the year to download the Profit and Loss statement. Download your trade and activity files too, because the statement is a summary, not a filing number.
- polymarket.com: your trades are on a public blockchain, so your wallet address can rebuild the history. How Polymarket history works.
- Crypto deposits: keep the cost of whatever you moved in, and any 1099-B or 1099-DA from those transfers.
See a tax attorney before you file anything. The IRS Voluntary Disclosure Practice is for taxpayers who “willfully failed to comply,” and the IRS says it “may be a means to resolve your non-compliance and limit exposure to criminal prosecution.” It starts with Form 14457, and the IRS encourages you to consult a licensed professional or legal advisor first.
What should you do first?
- List each year you traded, and whether you filed a return for it.
- Download the records for each of those years.
- Work out the result for each year, so you know which years owe tax and which are losses.
- Check the refund deadline on the loss years. If you’re close, file those first. A preparer is worth hiring here if more than one year is involved.
- File, pay what you can, and ask about a payment plan and penalty relief for the rest.
Questions about unreported prediction market trades
I didn't report Kalshi in prior years. What now?
If you filed a return that left the trades out, file Form 1040-X for each year affected. If you never filed, file the past due return. Pay what you can with it, because interest and late payment penalties keep growing until you do.
Does the IRS already know about my Kalshi trades?
Kalshi says it does not report trading profits and losses to the IRS, though it can report interest, rewards and crypto transfers. That doesn't change what you owe. Profit is taxable whether or not a form arrives.
Can I get money back for a past losing year?
Often, if you're inside the time limit. A refund claim generally has to be filed within 3 years of filing the original return or 2 years of paying the tax, whichever is later. A return filed early counts as filed on its due date.
How far back can the IRS go?
Generally 3 years after you file. It's 6 years if you left out more than 25% of the gross income stated on the return. There is no time limit if you filed no return or filed a fraudulent one.
Should I see a lawyer before I amend?
Yes, if you left the income out on purpose. See a tax attorney before you file anything. The IRS Voluntary Disclosure Practice exists for willful non-compliance, and it starts with Form 14457.
To stay current from here, run this year’s trades through WagerMints and see all four methods before you file. General information about US federal tax, not tax advice.
Sources
- IRS, File an amended return
- IRS, Instructions for Form 1040-X
- IRS, Time you can claim a credit or refund
- IRS, Filing past due tax returns
- IRS, Failure to file penalty
- IRS, Failure to pay penalty
- IRS, Accuracy-related penalty
- IRS, Administrative penalty relief
- IRS Criminal Investigation, Voluntary Disclosure Practice
- 26 U.S.C. §6501, limitations on assessment and collection
- 26 U.S.C. §165(d), wagering losses
- Kalshi Help Center, What Tax Documentation Does Kalshi Provide? (June 22, 2026)
Run this against your own trades
WagerMints computes all four methods from your real Kalshi export or Polymarket wallet, side by side. Your trade data is processed in memory, not stored unless you opt in to share it.
Run your reportNew to this? Start with the guide to the four methods or the tax glossary.
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