New York State Gambling Tax
Single-game sports betting within the United States was only legal in Nevada until May 14, 2018. On that date, the SCOTUS struck downPASPA, effectively unlocking the legislative key for states that wished to legalize and regulate sports betting within their borders. In the months prior to that date, a handful of states had proactively passed legislation designed to go into effect or further mature if and when the PASPA was eradicated.
- Prize payment is New York source income and is subject to New York State income tax. If the proceeds are $5,000 or less, or the prize was won before October 1, 2000, the prize payment(s) is not considered New York source income and is not subject to New York income.
- Depending on the type of casino property, New York assesses tax rates of between 31 percent and 41 percent. Nevada has a graduated rate that maxes at 6.75 percent on the state side.
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Delaware was the first state outside of Nevada to launch single-game sports betting on June 5, taking advantage of its status as an original “grandfathered” state under PASPA. That allowed it to begin taking single-game wagers without any immediate further legislation. New Jersey soon followed, officially taking its first wager June 14.
A total of seven states had legal sports betting markets by the end of 2018. That number climbed to 15 in 2019. Below we take a look at the monthly sports betting handle and hold for each, along with the key facts to know in each market.
For a more in-depth breakdown of these numbers, visit LegalSportsReport.com.
Where is legal sports betting available in the U.S.?
Nevada
Legalized land-based wagering: 1949
Legalized online/mobile wagering: 2010
Tax Rate: 6.75 percent for land-based sports betting revenue
| Month | Total Handle | Total Revenue/Hold | Hold % | Story |
|---|---|---|---|---|
| January 2018 | $418.6 million | $25.1 million | 6.0% | Legal Sports Report |
| February 2018 | $411.7 million | $10.7 million | 2.6% | Legal Sports Report |
| March 2018 | $522 million | $34.2 million | 6.6% | Legal Sports Report |
| April 2018 | $316 million | $16.3 million | 5.2% | Legal Sports Report |
| May 2018 | $315.5 million | $20.5 million | 6.5% | Legal Sports Report |
| June 2018 | $286.5 million | $20.2 million | 7.1% | Legal Sports Report |
| July 2018 | $244.6 million | $4 million | 1.6% | Legal Sports Report |
| August 2018 | $247.6 million | $12.6 million | 5.1% | Legal Sports Report |
| September 2018 | $571 million | $56.3 million | 9.9% | Legal Sports Report |
| October 2018 | $528 million | $29.5 million | 5.6% | Legal Sports Report |
| November 2018 | $581 million | $27 million | 4.7% | Legal Sports Report |
| December 2018 | $544 million | $44 million | 7.9% | Legal Sports Report |
| January 2019 | $497.5 million | $14.6 million | 2.9% | Legal Sports Report |
| February 2019 | $458.6 million | $35.8 million | 7.8% | Legal Sports Report |
| March 2019 | $596.8 million | $32.5 million | 5.5% | Legal Sports Report |
| April 2019 | $328.1 million | $21.7 million | 6.6% | Legal Sports Report |
| May 2019 | $317.4 million | $11.3 million | 3.6% | Legal Sports Report |
| June 2019 | $322.1 million | $16.6 million | 5.2% | Legal Sports Report |
| July 2019 | $235 million | $10.5 million | 4.5% | Legal Sports Report |
| August 2019 | $287.8 million | $18.7 million | 6.5% | Legal Sports Report |
| September 2019 | $546.4 million | $52.1 million | 7.4% | Legal Sports Report |
| October 2019 | $543.6 million | $47.9 million | 8.8% | Legal Sports Report |
| November 2019 | $614.1 million | $31.0 million | 5.1% | Legal Sports Report |
| December 2019 | $571.2 million | $26.3 million | 4.0% | Legal Sports Report |
| January 2020 | $502.5 million | $20.2 million | 6.1% | Legal Sports Report |
Delaware
Legalized land-based wagering: Effectively May 14, 2018, the day of the SCOTUS decision that struck down PASPA.
Legalized online/mobile wagering: N/A
First wager taken: Tuesday, June 5, 2018 — Dover Downs Racetrack
Tax Rate: Revenue-sharing model
- Scientific Games (central system, terminals, risk management)- Receive 12.5 percent of revenue
- State– Receives 50 percent of revenue
- Casinos– Receive 40 percent of revenue
- Horse Racing Industry – Receives 10 percent of revenue as supplement for purses
| Month* | Total Handle | Total Revenue/Hold | Hold % | Story |
|---|---|---|---|---|
| June 2018 | $7 million | $1 million | 14.3% | Legal Sports Report |
| July 2018 | $8.2 million | $527,140 | 6.4% | Legal Sports Report |
| August 2018 | $7.7 million | $706,000 | 9.2% | Legal Sports Report |
| September 2018 | $16.8 million | $3.15 million | 18.8% | Legal Sports Report |
| October 2018 | $14.7 million | $448,578 | 3.5% | |
| November 2018 | $16.3 million | $1.3 million | 8.0% | |
| December 2018 | $13.6 million | $2.2 million | 16.2% | |
| January 2019 | $12.7 million | $1.59 million | 12.5% | |
| February 2019 | $8.5 million | $236,448 | 2.8% | |
| March 2019 | $9.3 million | $1.7 million | 17.9% | |
| April 2019 | $6.5 million | $736,906 | 11.3% | |
| May 2019 | $5.5 million | $431,168 | 7.8% | |
| June 2019 | $5.4 million | $457,180 | 8.4% | |
| July 2019 | $4.4 million | $641,735 | 14.6% | |
| August 2019 | $5.6 million | $938,426 | 15.7% | |
| September 2019 | $10.2 million | $2.1 million | 20.8% | |
| October 2019 | $10.8 million | $2.1 million | 10.9% | |
| November 2019 | $8.8 million | $1.3 million | 15.2% | |
| December 2019 | $11.1 million | $1.7 million | 13.9% |
*The Delaware lottery does not do its accounting on a calendar month basis.
New Jersey
Legalized land-based wagering: Gov. Phil Murphy signed A 4111 on June 11, 2018
Legalized online/mobile wagering: Mobile betting was legalized on July 18, 2018. DraftKings Sportsbook was the first to accept a legal online bet on Aug. 3.
First legal wager taken: Thursday, June 14, 2018 — Monmouth Park Racetrack
Tax Rate:
- 8.5 percent for land-based sports betting revenue
- 13.0 percent for casino-based online sports betting revenue
- 14.25 percent for racetrack-based online sports betting revenue
| Month | Total Handle | Total Revenue/Hold | Hold % | Story |
|---|---|---|---|---|
| June 2018 | $16.4 million | $3.5 million | 21.3% | Legal Sports Report |
| July 2018 | $40.7 million | $3.8 million | 9.3% | Legal Sports Report |
| August 2018 | $95.6 million | $9.2 million | 9.6% | Legal Sports Report |
| September 2018 | $184 million | $23.9 million | 13.0% | Legal Sports Report |
| October 2018 | $260.7 million | $11.7 million | 4.5% | Legal Sports Report |
| November 2018 | $330 million | $21.2 million | 7.4% | Legal Sports Report |
| December 2018 | $319 million | $20.8 million | 6.5% | Legal Sports Report |
| January 2019 | $385 million | $18.8 million | 4.9% | Legal Sports Report |
| February 2019 | $320.4 million | $12.8 million | 4.0% | Legal Sports Report |
| March 2019 | $372.5 million | $31.7 million | 8.5% | Legal Sports Report |
| April 2019 | $313.8 million | $21.2 million | 6.8% | Legal Sports Report |
| May 2019 | $318.9 million | $15.5 million | 4.9% | Legal Sports Report |
| June 2019 | $273.2 million | $9.7 million | 3.6% | Legal Sports Report |
| July 2019 | $251.4 million | $17.9 million | 7.1% | Legal Sports Report |
| August 2019 | $293.6 million | $25.2 million | 8.6% | Legal Sports Report |
| September 2019 | $445.6 million | $37.9 million | 8.5% | Legal Sports Report |
| October 2019 | $487.9 million | $46.4 million | 9.5% | Legal Sports Report |
| November 2019 | $562.7 million | $32.9 million | 5.9% | Legal Sports Report |
| December 2019 | $557.8 million | $29.4 million | 5.3% | Legal Sports Report |
| January 2020 | $540.1 million | $53.6 million | 9.9% | Legal Sports Report |
| February 2020 | $494.8 million | $17.0 million | 3.4% | Legal Sports Report |
Mississippi
Legalized land-based wagering: March 13, 2017 — Governor Phil Bryant signs Fantasy Contests Act, which included a provision to decriminalize sports betting. Official regulations approved June 21, 2018
Legalized online/mobile wagering: Same date, although online wagering will only be allowed on casino grounds.
Tax Rate: 12.0 percent of all sports betting revenue (8.0 percent to state, 4.0 percent to local municipalities)
| Month | Total Handle | Total Revenue/Hold | Hold % | Story |
|---|---|---|---|---|
| August 2018 | $6.3 million | $644,000 | 10.2% | Legal Sports Report |
| September 2018 | $31.7 million | $5.5 million | 17.3% | Legal Sports Report |
| October 2018 | $32.8 million | $1.18 million | 3.6% | |
| November 2018 | $44.5 million | $1.67 million | 3.8% | Legal Sports Report |
| December 2018 | $41.7 million | $6.1 million | 14.6% | Legal Sports Report |
| January 2019 | $35.2 million | $2.8 million | $7.9% | |
| February 2019 | $25.1 million | $2.8 million | 11.0% | |
| March 2019 | $32.4 million | $4.9 million | 15.1% | |
| April 2019 | $19.2 million | $2.1 million | 10.7% | |
| May 2019 | $17.4 million | $1.2 million | 6.8% | |
| June 2019 | $15.2 million | $1.6 million | 10.7% | |
| July 2019 | $13.4 million | $1.1 million | 7.9% | |
| August 2019 | $19.9 million | $2.9 million | 14.5% | |
| September 2019 | $37.8 million | $5.6 million | 14.9% | |
| October 2019 | $48.0 million | $12.2 million | 25.6% | |
| November 2019 | $56.4 million | $3.8 million | 6.7% | |
| December 2019 | $49.1 million | $3.5 million | 7.1% | |
| January 2020 | $45.2 million | $4.6 million | 10.3% | |
| February 2020 | $34.5 million | $2.1 million | 6.1% |
West Virginia
Legalized land-based wagering: March 9, 2018
Legalized online/mobile wagering: December 2018
License Fee: $100,000
Tax Rate: 10.0 percent of all sports betting revenue
| Month | Total Handle | Total Revenue/Hold | Hold % | Story |
|---|---|---|---|---|
| September 2018 | $7.44 million | $1.99 million | 26.8% | |
| October 2018 | $10.2 million | $594,000 | 5.8% | |
| November 2018 | $13.3 million | $1.33 million | 10% | |
| December 2018 | $42.6 million | $5.5 million | 12.9% | PlayWV |
| January 2019 | $19.7 million | $1.4 million | 7.1% | |
| February 2019 | $16.8 million | $228,285 | 1.4% | |
| March 2019 | $15.3 million | $1.8 million | 11.8% | |
| April 2019 | $11.0 million | $699,184 | 6.4% | |
| May 2019 | $9.4 million | $719,097 | 7.6% | |
| June 2019 | $7.9 million | $425,215 | 5.4% | |
| July 2019 | $6.9 million | $694,934 | 10% | |
| August 2019 | $11.6 million | $1.5 million | 13.3% | |
| September 2019 | $27.5 million | $4.1 million | 15.0% | |
| October 2019 | $32.8 million | $3.2 million | 9.7% | |
| November 2019 | $35.3 million | $1.9 million | 5.3% | |
| December 2019 | $34.2 million | $2.7 million | 7.9% | |
| January 2020 | $39.2 million | $3.1 million | 7.8% | |
| February 2020 | $40.8 million | -$419,691 | -0.1% |
Pennsylvania
Legalized land-based wagering: Oct. 30, 2017, when Governor Tom Wolf signed omnibus gaming bill
Legalized online/mobile wagering: Oct. 30, 2017 (launched May 28, 2019)
License Fee: $10 million
Tax Rate: 36.0 percent for land-based and online sports betting revenue
| Month | Total Handle | Total Revenue/Hold | Hold % | Story |
|---|---|---|---|---|
| November 2018 | $1.41 million | $508,996 | 36% | PlayPennsylvania |
| December 2018 | $16.17 million | $2.0 million | 12.4% | PlayPennsylvania |
| January 2019 | $32.0 million | $2.6 million | 8.1% | PlayPennsylvania |
| February 2019 | $31.5 million | $1.9 million | 6.2% | PlayPennsylvania |
| March 2019 | $44.5 million | $5.5 million | 12.4% | PlayPennsylvania |
| April 2019 | $36.9 million | $4.2 million | 11.5% | Legal Sports Report |
| May 2019 | $35.9 million | $2.8 million | 8.0% | PlayPennsylvania |
| June 2019 | $46.3 million | $3.1 million | 6.8% | PlayPennsylvania |
| July 2019 | $59.3 million | $5.1 million | 8.6% | Legal Sports Report |
| August 2019 | $109 million | $9.9 million | 9.1% | Legal Sports Report |
| September 2019 | $194.5 million | $19.3 million | 9.9% | Legal Sports Report |
| October 2019 | $241.2 million | $19.1 million | 7.9% | Legal Sports Report |
| November 2019 | $316.5 million | $20.1 million | 6.5% | Legal Sports Report |
| December 2019 | $342.6 million | $17.5 million | 5.1% | Legal Sports Report |
| January 2020 | $348.4 million | $31.6 million | 9.1% | Legal Sports Report |
| February 2020 | $329.8 million | $11.4 million | 3.5% | Legal Sports Report |
Rhode Island
Legalized land-based wagering: June 22, 2018 — Gov. Gina Raimondo signed into law as part of $9.6 billion budget plan
Legalized online/mobile wagering: N/A
Tax Rate: Revenue-sharing model
- State– Receives 51 percent of revenue
- Vendors– Receive 32 percent of revenue
- Casinos – Receive 17 percent of revenue
| Month | Total Handle | Total Revenue/Hold | Hold % | Story |
|---|---|---|---|---|
| November 2018 | $682,714 | $72,997 | $10.7% | Legal Sports Report |
| December 2018 | $13.1 million | $957,913 | 7.3% | |
| January 2019 | $19.0 million | $159,978 | 0.8% | |
| February 2019 | $20.7 million | -$890,623 | -4.3% | |
| March 2019 | $23.6 million | $1.5 million | 6.6% | |
| April 2019 | $16.9 million | $2.0 million | 11.7% | |
| May 2019 | $18.9 million | $899,165 | 4.8% | |
| June 2019 | $14.7 million | $2.1 million | 14.6% | |
| August 2019 | $10.0 million | $851,788 | 8.5% | |
| September 2019 | $22.2 million | $2.5 million | 11.3% | |
| October 2019 | $28.3 million | $2.5 million | 8.7% | |
| November 2019 | $31.5 million | $2.8 million | 8.7% | |
| December 2019 | $31.6 million | $2.6 million | 8.1% | |
| January 2020 | $26.9 million | $3.3 million | 12.2% |
New York
Legalized land-based wagering: Sports betting at commercial casinos became legal in 2013. The first retail sportsbooks in NY launched in July 2019.
Legalized online/mobile wagering: N/A
Tax Rate: 8.5% for land-based wagering. 12.5% for online wagering.
Arkansas
Legalized land-based wagering: November 2018 (voter referendum). Launched July 1, 2019.
Legalized online/mobile wagering: Mobile betting is only permitted on casino property as of July 1, 2019.
Tax Rate: 12.5% for retail sports betting revenue.
No revenue reports for Arkansas sports betting have been released.
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Iowa
Legalized land-based and online/mobile wagering: May 2019. Launched August 2019
Tax Rate: 6.75% of revenue
New York State Gambling Tax Exemption
Indiana
Legalized land-based wagering: Launched September 2019.
Legalized online/mobile wagering: Launched October 2019.
Tax Rate: 9.5% of revenue
Oregon
Legalized online/mobile wagering: August 2019. Launched October 2019.
Tax Rate: 2.3% of revenue.
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Colorado
Legalized land-based wagering: November 2019. Launch TBD.
Legalized online/mobile wagering: November 2019. Launched May 2, 2020.
Tax Rate: 10% of revenue
New York State Tax On Gambling Winnings
States with potential in 2020
A number of states made progress during their respective 2019 legislative sessions on sports betting laws, but not enough to actually enact them. The next opportunity for those jurisdictions will come in 2020. A look at which states seem to be on track to have legalized sports betting within the next 12 months.
- Maryland