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Taxes by stateCourt order limits Kalshi

Kalshi and prediction markets in Washington: taxes and legal status

Washington 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.

As of October 27, 2026, a Washington state judge has ordered Kalshi to stop offering wagers on sports, elections, politics, entertainment, culture, tech and science, and mentions to people in Washington, with a multi-source geofence required by September 2. Where it stands

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

Washington at a glance

Income tax
None
Gambling losses
No state income tax
2026 federal 90% rule
No state income tax
Prediction markets
Court order limits Kalshi

Income tax

How does Washington tax gambling and prediction market winnings?

Washington has no personal income tax on wages, gambling winnings or short-term trading gains.

Washington's capital gains excise tax applies to long-term gains.

Timeline · 6 steps

Every step in Washington, in order

6 steps since Mar 27, 2026, oldest first. Each links the filing, order or page it comes from.

  1. Mar 27, 2026

    Attorney general · Washington Attorney General · State of Washington v. KalshiEX LLC (King County Superior Court)

    Attorney General Nick Brown sued Kalshi in state court under the state Gambling Act and Consumer Protection Act, asking the court to stop the activity, recover money lost by Washingtonians and assess penalties.

    Washington AG press release, Mar. 27, 2026

  2. Mar 30, 2026

    Court · U.S. District Court for the Western District of Washington · Robinhood Derivatives LLC v. Griffin (No. 3:26-cv-05311)

    Robinhood Derivatives sued the director of the state Gambling Commission, asking a federal judge to bar enforcement of state gambling law against its event contracts.

    CourtListener docket, Robinhood Derivatives v. Griffin

  3. May 5, 2026

    Court · U.S. District Court for the Western District of Washington · State of Washington v. KalshiEX LLC (No. 2:26-cv-01062)

    After Kalshi moved the state's suit to federal court, a federal judge sent it back to King County Superior Court. Kalshi appealed, and on May 21 the Ninth Circuit denied its request to pause the remand.

    CourtListener docket, State of Washington v. KalshiEX LLC

  4. Jul 21, 2026

    Attorney general · Washington Attorney General · State of Washington v. KalshiEX LLC (King County Superior Court)

    The attorney general announced that the state judge granted a preliminary injunction on July 20, finding Kalshi likely violated the Gambling Act and the Consumer Protection Act.

    Washington AG press release, July 21, 2026

  5. Aug 13, 2026

    Attorney general · Washington Attorney General · State of Washington v. KalshiEX LLC (King County Superior Court)

    The attorney general announced the court's order barring Kalshi from wagers on sports, elections, politics, entertainment, culture, tech and science, and mentions in Washington. Kalshi had to add an IP-based geofence by August 19 and a multi-source geofence by September 2, and the Court of Appeals had denied its request to stay the order.

    Washington AG press release, Aug. 13, 2026

  6. Sep 23, 2026

    Court · U.S. Court of Appeals for the Ninth Circuit · State of Washington v. KalshiEX, LLC (No. 26-3106)

    The Ninth Circuit paused Kalshi's appeal of the remand order until 30 days after its mandates issue in the Nevada cases, so the state-court injunction continues meanwhile.

    CourtListener docket, Ninth Circuit No. 26-3106

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 Washington

Washingtondoesn’t tax them, but the federal rules do, and the method you choose can change your federal bill by thousands. The four methods, compared.

The court cases are about whether Washington can license or stop the platforms. None of them decides how your trades are taxed. Trades you already made, including positions an order made you close, still count in your tax year.

Questions

Questions about Washington

Does Washington tax gambling winnings?
Washington 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.
Can I deduct gambling losses in Washington?
Washington has no personal income tax, so there is nothing to deduct them from on a state return. Federal rules still apply.
Is Kalshi legal in Washington?
As of October 27, 2026, a Washington state judge has ordered Kalshi to stop offering wagers on sports, elections, politics, entertainment, culture, tech and science, and mentions to people in Washington, with a multi-source geofence required by September 2. The order is a preliminary injunction, and Kalshi is appealing. Crypto.com, Robinhood, Novig and Underdog have each sued Washington officials in federal court, and no ruling in those cases was found.
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: Wyoming, Alaska, Florida, Nevada, New Hampshire, South Dakota. All states.

Tax facts checked against Washington’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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