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Do the Utah and Maryland Kalshi Cases Change Your Taxes?

Neither the Utah charges nor the Maryland appeal changes how Kalshi trades are taxed or reported today. Where each case stands and what could change later.

The WagerMints Team

Prediction-market tax research

November 1, 2026/5 min read

Neither the Utah case nor the Maryland case changes how Kalshi trades are taxed or reported today. Both are about whether a state can enforce its gambling laws against Kalshi. Neither asks a court to decide federal tax treatment. They are still worth watching, because a finding that these contracts are gambling could shape what platforms and the IRS do later.

Where does the Utah case stand?

This is the position as of November 1, 2026, in date order:

DateWhat happened
Feb 23, 2026Kalshi sued Utah officials in federal court to stop enforcement of the state’s gambling laws.
Aug 4, 2026A federal judge ruled for the state, finding federal commodities law doesn’t preempt Utah’s enforcement. Kalshi appealed to the Tenth Circuit (No. 26-4100), which later denied its emergency request for an injunction during the appeal.
Oct 20, 2026The Utah attorney general filed a civil suit in state court against Kalshi and others.
Oct 27, 2026The CFTC sued Utah in federal court to block the state’s efforts.
Oct 28, 2026Prosecutors charged Kalshi and co-founders Tarek Mansour and Luana Lopes Lara with gambling crimes. Charges are allegations, not findings of guilt, and Kalshi has called them an overreach.

The reports we read on the charges name the company and its two founders, and don’t describe charges against traders. They don’t mention taxes.

Where does the Maryland case stand?

DateWhat happened
April 2025Maryland’s gaming commission sent Kalshi a cease-and-desist letter on sports contracts, and Kalshi sued.
Aug 1, 2025A federal judge in Baltimore denied Kalshi a preliminary injunction. The state agreed not to enforce against Kalshi until the appeal is decided.
May 7, 2026The Fourth Circuit heard the appeal (No. 25-1892).
Aug 13, 2026The city of Baltimore sued Kalshi and Polymarket under its consumer protection ordinance.

The docket showed no ruling when we last read it, on October 26, 2026, and a news search on November 1 didn’t find one.

Do these cases change your tax forms?

No. Kalshi’s Help Center lists the forms it may send: 1099-INT for interest, 1099-MISC for credits and rewards, and 1099-B or 1099-DA for crypto transfers. Its Documents page says it doesn’t report profits and losses to the IRS. So for this year, you still work out and report your trading result yourself, wherever you live.

What could change later?

  • How platforms report. KPMG says the IRS hasn’t addressed reporting, and that platforms must choose a reasonable characterization for now. White & Case raises possible W-2G and withholding exposure for platforms if contracts are treated as gambling. Whether Kalshi takes taxes out today.
  • The federal gambling argument. A court calling these contracts bets isn’t a tax ruling, but it can be cited in one. Why a state’s label doesn’t decide your federal tax.
  • The Supreme Court. New Jersey’s petition (No. 26-299) is pending, with Kalshi’s response due November 9, 2026. The Court hasn’t said whether it will hear the case. What that case means for taxes.
  • Your access. If a platform stopped serving your state, positions you closed would still count in the year they close. That is a reason to keep your records current.

What if you live in Utah or Maryland?

You still owe federal tax on any profit, and both states have an income tax. IRS Publication 525 says income from illegal activities must be reported too, so the outcome of these cases doesn’t remove the tax on profit you already made.

  • Utah has a 4.45% flat rate and no gambling loss deduction.
  • Maryland has rates from 2% to 6.5%, and allows gambling losses only if you itemize.

These cases raise legal questions that a tax page can’t answer. For your own position as a trader in either state, ask a lawyer licensed there.

What should you do now?

  • Keep filing and reporting as you were. Nothing in these cases changes it this year.
  • Download your trade records now, so you have them whatever happens with access in your state.
  • Save your method and your reasoning with your return, so you can revisit it if the law moves.

WagerMints shows your year under all four federal methods, including what a gambling reading would cost you.

Questions about the Utah and Maryland cases

Does the Utah case change how Kalshi trades are taxed?

No. Utah's civil and criminal cases are about state gambling law, and neither sets federal tax treatment. You report your Kalshi trades for the year under the same rules as before.

Does the Maryland case change how Kalshi trades are reported?

No. The appeal asks whether federal commodities law stops Maryland from enforcing its gambling laws against Kalshi. It doesn't decide what forms Kalshi sends or how you report your trades.

Are Kalshi users charged in Utah?

The October 28 charges reported so far name Kalshi and its two co-founders. The reports we read don't describe charges against traders. Charges are allegations, not findings. For your own legal position, ask a lawyer licensed in your state.

Will Kalshi start withholding tax because of these cases?

Nothing in the reports on these cases says so. Lawyers have raised W-2G and withholding as a possible exposure for platforms if contracts are treated as gambling, but no rule or ruling requires it of Kalshi today.

Do I still owe tax on Kalshi profit if I live in Utah or Maryland?

Yes. Federal tax applies, and both states have an income tax. IRS Publication 525 says even income from illegal activities must be reported, so a state's win wouldn't remove the tax.

General information about US tax, not tax or legal advice.

Sources

  1. District of Utah, KalshiEx v. Cox, memorandum decision (Aug 4, 2026)
  2. Fox 13, Utah may crack down on Kalshi after emergency injunction rejected
  3. Deseret News, Utah sues Kalshi (Oct 20, 2026)
  4. CFTC press release 9315-26 (Oct 27, 2026)
  5. KSL, Feds sue Utah; AG files criminal charges (Oct 28, 2026)
  6. Fox 13, Utah levels criminal charges against Kalshi
  7. Sports Betting Dime, Utah criminal charges against Kalshi
  8. District of Maryland, KalshiEX v. Martin, opinion (Aug 1, 2025)
  9. Fourth Circuit docket, No. 25-1892
  10. Covers, Kalshi withdraws Maryland injunction request after agreement (Aug 2025)
  11. City of Baltimore, consumer protection actions against Kalshi and Polymarket (Aug 13, 2026)
  12. White & Case, tax implications of predictions markets transactions (Mar 2026)
  13. KPMG, The State of Information Reporting for Event-Based Contracts (2026)
  14. Supreme Court docket, No. 26-299
  15. Kalshi Help Center, What Tax Documentation Does Kalshi Provide? (June 22, 2026)
  16. IRS Publication 525, illegal activities

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 report

New to this? Start with the guide to the four methods or the tax glossary.