Is Kalshi legal in Tennessee?
A federal judge protected Kalshi in February 2026; the Sixth Circuit vacated that injunction on Sept. 25, 2026 and sent the case back, and Kalshi seeks a rehearing.
Checked Oct 27, 2026 against court dockets and official pages. Not legal advice.
Kalshi in Tennessee
- Status
- Being fought in court
- Latest step in Tennessee
- Oct 13, 2026
- State income tax
- None
- Gambling losses
- No state income tax
Legal status
Where does Kalshi stand in Tennessee?
As of October 27, 2026, Kalshi has no court protection in Tennessee after the Sixth Circuit vacated the injunction that had shielded it. The appeals court ruled on September 25, 2026 that Tennessee's gambling laws are not overridden by federal law, based on the early record. Kalshi has asked the full court to rehear the case, and Underdog filed a new suit on October 13, 2026.
What happens next: The Sixth Circuit has not ruled on Kalshi's Oct. 9, 2026 request for a rehearing by the full court.
Kalshi · 4 steps
What has happened with Kalshi in Tennessee?
Jan 9, 2026
Court · U.S. District Court, M.D. Tennessee · KalshiEX LLC v. Orgel (No. 3:26-cv-00034)
After the Tennessee Sports Wagering Council sent a cease-and-desist letter, Kalshi sued Tennessee officials in Nashville federal court and got a temporary restraining order.
CourtListener docket, KalshiEX v. OrgelFeb 19, 2026
Court · U.S. District Court, M.D. Tennessee · KalshiEX LLC v. Orgel (No. 3:26-cv-00034)
A federal judge in Nashville granted Kalshi a preliminary injunction against the state officials, finding its contracts are swaps under federal law. Tennessee appealed on Mar. 20.
CourtListener docket, KalshiEX v. Orgel, entries of Feb. 19 and Mar. 20, 2026Sep 25, 2026
Court · U.S. Court of Appeals for the Sixth Circuit · KalshiEX LLC v. Orgel (decided with KalshiEX LLC v. Schuler) (No. 26-5235)
The Sixth Circuit vacated Kalshi's injunction and sent the case back to the Nashville judge. It held Kalshi had not shown its sports contracts are swaps and that federal law would not override Tennessee's gambling laws even if they were. This was a preliminary-stage ruling, 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. Orgel (No. 26-5235)
Kalshi petitioned for the full Sixth Circuit to rehear the Tennessee and Ohio appeals.
CourtListener docket, Sixth Circuit No. 26-5235
Same state
What else has happened in Tennessee?
Oct 13, 2026
Court · U.S. District Court, M.D. Tennessee · Underdog Exchange DCM, Inc. v. Skrmetti (No. 3:26-cv-01461)
Underdog's exchange sued Tennessee officials, including the attorney general, in federal court in Nashville.
CourtListener docket, Underdog v. Skrmetti
Your taxes
What does this mean for your Tennessee taxes?
Tennessee has no personal income tax, so the state doesn't tax your gambling winnings or short-term prediction market gains. You still owe federal tax.
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. Kalshi taxes, explained. All Tennessee 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 Kalshi in Tennessee
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
2,481 characters
I trade prediction markets on Kalshi. I'm working on my US federal taxes for 2026. I live in Tennessee. 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. Tennessee: Tennessee has no personal income tax, so the state doesn't tax your gambling winnings or short-term prediction market gains. You still owe federal tax. Legal status there: As of October 27, 2026, Kalshi has no court protection in Tennessee after the Sixth Circuit vacated the injunction that had shielded it. 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/tennessee - https://wagermints.com/legal/kalshi/tennessee 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 Kalshi in Tennessee
Is Kalshi legal in Tennessee?
A federal judge protected Kalshi in February 2026; the Sixth Circuit vacated that injunction on Sept. 25, 2026 and sent the case back, and Kalshi seeks a rehearing. This reports public records as of Oct 27, 2026, and it isn't legal advice.
Can I still trade on Kalshi in Tennessee?
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 Kalshi profit in Tennessee?
Yes, federal tax applies wherever you live. Tennessee has no personal income tax, so the state doesn't tax your gambling winnings or short-term prediction market gains. You still owe federal tax.
Does the Tennessee legal fight change how my trades are taxed?
No. These cases decide whether Tennessee 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 Tennessee: Underdog.
Kalshi in other states: Texas, Utah, Washington, Wisconsin, Arizona, Arkansas, California, Connecticut, 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. Orgel
- CourtListener docket, KalshiEX v. Orgel, entries of Feb. 19 and Mar. 20, 2026
- Sixth Circuit opinion, Sept. 25, 2026
- CourtListener docket, Sixth Circuit No. 26-5235
- CourtListener docket, Underdog v. Skrmetti
- IRS Publication 525 (illegal income)
- Tennessee Department of Revenue, Hall Income Tax
- Tennessee Department of Revenue Help Center, HIT-3 Hall Income Tax Repealed Beginning January 1, 2021
- Tennessee Department of Revenue Help Center, GEN-34 Income Tax Withholding (no state income tax on earned income)
Public records as of Oct 27, 2026. This isn’t legal or tax advice. For your own position, ask a lawyer licensed in Tennessee.