WagerMintsKalshi and prediction markets in Alabama: taxes and legal status
Alabama taxes gambling winnings and prediction market profits as income (2% to 5%). Gambling losses only reduce your state tax if you itemize, and only up to your winnings.
As of October 27, 2026, we found no state lawsuit, order or enforcement letter against prediction market platforms in Alabama, and no court order stops trading. Where it stands
Checked October 27, 2026 against Alabama’s tax department, court dockets and regulator records.
Alabama at a glance
- Income tax
- 2% to 5%
- Gambling losses
- Only if you itemize
- 2026 federal 90% rule
- Not stated yet
- Prediction markets
- Private suits only
Income tax
How does Alabama tax gambling and prediction market winnings?
Alabama's rates for 2025 are 2% on the first $500, 4% on the next $2,500 and 5% over $3,000 for single filers, heads of family and married filing separately. Joint filers pay 2% on the first $1,000, 4% on the next $5,000 and 5% over $6,000.
Alabama has no separate short-term rate. Capital gains go on Schedule D and are taxed at the regular 2% to 5% rates.
Gambling losses
Can you deduct gambling losses in Alabama?
Alabama lets you deduct gambling losses only if you itemize. Enter them on Alabama Schedule A, line 25. The 2% floor does not apply, and losses cannot exceed your gambling winnings. The cost of raffle, bingo or lottery tickets is not deductible.
- Alabama taxes gambling winnings. The Department of Revenue lists them under prizes and awards to report on Form 40, and residents report winnings from any state. If another state taxed the winnings, a credit for that tax may require copies of your W-2G.
- You can choose Alabama itemized deductions or the Alabama standard deduction. The Form 40 booklet tells you to figure it both ways and does not say your choice must match your federal return.
- It is unclear whether Alabama follows the federal 90% gambling-loss limit from 2026. Alabama builds its own itemized deductions and its 2025 Schedule A allows losses up to the amount of winnings.
Legal status
Is prediction market trading legal in Alabama?
As of October 27, 2026, we found no state lawsuit, order or enforcement letter against prediction market platforms in Alabama, and no court order stops trading. Two private lawsuits against Kalshi were filed in 2026; one ended in February and one is open.
Private lawsuits: Two suits against Kalshi: Jennings v. Kalshi (No. 2:26-cv-00071, filed Jan. 29, 2026, closed Feb. 26, 2026) and Willis v. Kalshi (No. 3:26-cv-00722, filed Apr. 29, 2026, open).
Timeline · 1 steps
Every step in Alabama, in order
Apr 29, 2026
Court · U.S. District Court for the Northern District of Alabama · Willis v. Kalshi Inc (No. 3:26-cv-00722)
A private user sued Kalshi in federal court in Alabama. It is not a state action and does not limit trading.
CourtListener docket, Willis v. Kalshi
Federal courts
What the federal courts and the CFTC have said
States say prediction market sports contracts are bets that their gambling laws cover, while Kalshi and the CFTC say they are swaps, a kind of derivative that only the federal Commodity Exchange Act and the CFTC regulate. The Third Circuit appeals court sided with Kalshi against New Jersey in April 2026, while the Ninth Circuit (Nevada, August 2026) and the Sixth Circuit (Ohio and Tennessee, September 2026) ruled for the states, all at the preliminary stage. The Fourth Circuit (Maryland) heard argument in May 2026 and had not ruled as of October 27. New Jersey's petition to the Supreme Court, Flaherty v. KalshiEX (No. 26-299), is waiting on Kalshi's response due November 9, 2026, and the Court has not yet said whether it will hear the case. On October 9, 2026 the CFTC proposed a rule defining event contracts as swaps.
Apr 6, 2026
Court · U.S. Court of Appeals for the Third Circuit · KalshiEX LLC v. Flaherty (No. 25-1922)
By a 2-1 vote, the appeals court for New Jersey, Pennsylvania and Delaware upheld an order that stops New Jersey from enforcing its gambling laws against Kalshi's sports contracts for now. It found Kalshi likely to win its argument that federal law overrides the state. This is a preliminary ruling, not a final judgment.
Third Circuit opinion, Apr. 6, 2026Aug 28, 2026
Court · U.S. Court of Appeals for the Ninth Circuit · KalshiEX LLC v. Assad (No. 25-7516)
A unanimous three-judge panel upheld the order that lifted Kalshi's protection against Nevada, so Nevada may enforce its gambling laws against Kalshi's sports contracts. The court held that sports contracts are not swaps under federal law. It sent Kalshi's election contracts back to the district court. This is a preliminary ruling.
Ninth Circuit opinion, Aug. 28, 2026Sep 2, 2026
Court · Supreme Court of the United States · Flaherty v. KalshiEX, LLC (No. 26-299)
New Jersey asked the Supreme Court to review the Third Circuit ruling. Kalshi's response is due November 9, 2026 after an extension. Many states, tribes, the NFL and others have filed friend-of-the-court briefs. The Court has not decided whether to take the case.
Supreme Court docket No. 26-299Sep 16, 2026
Court · U.S. Court of Appeals for the Ninth Circuit · Blue Lake Rancheria v. Kalshi, Inc. (No. 25-7504)
In a case brought by two California tribes, the court held the tribes are likely to win their claim that Kalshi's sports contracts offered on tribal lands break the federal Indian Gaming Regulatory Act, and sent the case back to the lower court. A Lanham Act (false advertising) claim was rejected.
Ninth Circuit opinion, Sept. 16, 2026Sep 25, 2026
Court · U.S. Court of Appeals for the Sixth Circuit · KalshiEX LLC v. Schuler (Ohio) and KalshiEX LLC v. Orgel (Tennessee) (Nos. 26-3196 and 26-5235)
A unanimous panel upheld a federal judge's refusal to block Ohio's gambling laws and threw out the order that had protected Kalshi in Tennessee. It held Kalshi's sports contracts are not swaps and, even if they were, federal law does not override the states' gambling laws. The cases go back to the lower courts.
Sixth Circuit opinion, Sept. 25, 2026Oct 9, 2026
Regulator · Commodity Futures Trading Commission
The CFTC proposed a rule that would expressly define event contracts, including those on sports, politics, culture and weather, as swaps, which would place them under federal rather than state oversight. The public may comment for 30 days after Federal Register publication (91 FR 66022). It is a proposal, not a final rule. The same day the CFTC issued an interim rule excluding casino-style gambling products, such as sportsbook wagers and casino games, from the swap definition (91 FR 65969).
CFTC press release 9310-26, Oct. 9, 2026Oct 26, 2026
Court · U.S. Court of Appeals for the Fourth Circuit · KalshiEX LLC v. Martin (Maryland) (No. 25-1892)
No ruling yet. The appeal was argued May 7, 2026 and the parties were still filing supplemental authorities on Oct. 26, 2026.
CourtListener docket, Fourth Circuit No. 25-1892
Your trades
Kalshi and Polymarket profits in Alabama
The IRS hasn’t said how prediction market trades are taxed, so you pick one of four federal methods: capital gains, ordinary income, gambling or Section 1256. Alabama uses its own definitions, so check how it treats the method you choose federally. If you report as gambling, the loss rules above apply. The four methods, compared.
Questions
Questions about Alabama
- Does Alabama tax gambling winnings?
- Alabama taxes gambling winnings and prediction market profits as income (2% to 5%). Gambling losses only reduce your state tax if you itemize, and only up to your winnings.
- Can I deduct gambling losses in Alabama?
- Alabama lets you deduct gambling losses only if you itemize. Enter them on Alabama Schedule A, line 25. The 2% floor does not apply, and losses cannot exceed your gambling winnings. The cost of raffle, bingo or lottery tickets is not deductible.
- Is Kalshi legal in Alabama?
- As of October 27, 2026, we found no state lawsuit, order or enforcement letter against prediction market platforms in Alabama, and no court order stops trading. Two private lawsuits against Kalshi were filed in 2026; one ended in February and one is open.
- Does the court fight change how my trades are taxed?
- No. These cases decide whether a state can license or stop the platforms. None of them decides how your trades are taxed, and trades you already made still count in your tax year.
States with the same rule on losses: Arizona, Arkansas, California, Colorado, Delaware, DC. All states.
Tax facts checked against Alabama’s own tax pages on October 26, 2026; legal status on October 27, 2026. Rules and cases change, so confirm with current instructions before you file.
See your own year four ways
WagerMints prices your Kalshi or Polymarket year under all four federal methods, side by side, so you can see what Alabama is taxing before you file. Free, no account.
Run your reportTax sources
- Alabama Department of Revenue, Individual Income Tax (rates page)
- Alabama Department of Revenue, 2025 Form 40 booklet (Schedule A line 25, itemizing, prizes and winnings, credit for other-state tax)
- Alabama Department of Revenue, Income to be reported on the Alabama income tax return
- SECONDARY: Justia, Code of Alabama 40-18-91 Wager proceeds; withholding (page found via search, could not be opened directly; statute text seen only in search summary)