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Kalshi and prediction markets in Colorado: taxes and legal status

Colorado taxes gambling winnings and prediction market profits as income (4.4% flat). Gambling losses only reduce your state tax if you itemize, and only up to your winnings.

As of October 27, 2026, we found no Colorado lawsuit, order or letter aimed at prediction market platforms, and no federal case naming a platform in Colorado. Where it stands

Checked October 27, 2026 against Colorado’s tax department, court dockets and regulator records.

Colorado at a glance

Income tax
4.4% flat
Gambling losses
Only if you itemize
2026 federal 90% rule
Follows it
Prediction markets
No state action found

Income tax

How does Colorado tax gambling and prediction market winnings?

Colorado's income tax rate is 4.4% flat for tax year 2025.

Colorado taxes short-term gains like other income at the flat rate. It has no special short-term rate or exclusion.

Gambling losses

Can you deduct gambling losses in Colorado?

Colorado has no separate gambling-loss line. Losses count only if you itemized on your federal return, and they carry through at the federal amount.

  • Colorado taxes gambling winnings because it starts from federal taxable income. Nonresidents owe Colorado tax on gambling and games of chance conducted in Colorado, even if they were not in Colorado when they won.
  • Your Colorado choice must match your federal choice, because the return starts from federal taxable income. Colorado has no separate itemizing.
  • Payers withhold 4% of winnings that are subject to federal withholding on a W-2G or 1042-S and are not exempt under state or federal law. Colorado sets no dollar threshold beyond the federal one. The rule applies to payers making payments within Colorado.
  • Colorado follows the federal 90% limit from 2026, because its return starts from federal taxable income, which already includes the federal loss deduction.

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.

  1. 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, 2026

  2. Aug 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, 2026

  3. Sep 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. 26-299

  4. Sep 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, 2026

  5. Sep 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, 2026

  6. Oct 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, 2026

  7. Oct 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 Colorado

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. Colorado starts from your federal figures, so the method you choose federally generally carries onto your state return. If you report as gambling, the loss rules above apply. The four methods, compared.

Questions

Questions about Colorado

Does Colorado tax gambling winnings?
Colorado taxes gambling winnings and prediction market profits as income (4.4% flat). Gambling losses only reduce your state tax if you itemize, and only up to your winnings.
Can I deduct gambling losses in Colorado?
Colorado has no separate gambling-loss line. Losses count only if you itemized on your federal return, and they carry through at the federal amount.
Is Kalshi legal in Colorado?
As of October 27, 2026, we found no Colorado lawsuit, order or letter aimed at prediction market platforms, and no federal case naming a platform in Colorado.
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: Delaware, DC, Georgia, Hawaii, Idaho, Iowa. All states.

Tax facts checked against Colorado’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.

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