Polymarket and Kalshi in New York
Current access status and legal context for prediction market users in New York. Kalshi is available under federal CFTC authority; Polymarket geoblocks all US residents.
Short answer for New York residents: Polymarket geoblocks US IPs; users typically access it via a VPN and crypto deposits (no KYC at signup). Kalshi is the CFTC-regulated US exchange available under federal designation regardless of state law.
Polymarket in New York
Blocked by IP. NY has a history of aggressive financial enforcement (DFS BitLicense, OAG actions). Polymarket specifically settled with the CFTC after New York complaints.
Access via VPN and crypto deposits is the typical US-user path. Polymarket does not require KYC at signup — identity checks trigger only at large fiat offramps, where US IDs can lead to account restriction. Gains are US-taxable; Polymarket does not issue 1099s.
Kalshi in New York
Available. Kalshi operates under federal CFTC designation and is used by NY residents. NY's 2024 challenges to Kalshi have not succeeded at federal court level.
PredictIt in New York
Limited. PredictIt no longer accepts new NY users per CFTC no-action conditions.
New York sports betting law
Online sports betting legal since January 2022 with high 51% tax rate.
State gambling law
N.Y. Penal Law §225; N.Y. Const. Art. 1 §9.
For federally-designated contract markets (DCMs) like Kalshi, the Commodity Exchange Act and CFTC jurisdiction provide preemption over state gambling statutes. This means Kalshi operates legally in New York even though the state itself may restrict unlicensed online gambling.
Tax treatment in New York
Progressive state income tax up to 10.9% (NYC adds local).
Kalshi issues IRS Form 1099 to customers whose gains exceed reporting thresholds. Gains are federal ordinary income and flow through to New York state income tax (where applicable). For detailed tax planning, see our sister site polytaxes.com.
Common questions from New York users
Can I use Polymarket from New York with a VPN?
Yes, technically — and the typical US-user path. A non-US IP via VPN plus crypto deposits (USDC on Polygon) gets you a working Polymarket account with no KYC at signup. KYC triggers at fiat offramps, where a US ID can result in restrictions. Keep withdrawals to self-custody crypto wallets if you want to avoid that.
Does Kalshi report my gains to the IRS?
Yes. Kalshi issues 1099s. Gains are federal ordinary income or short-term capital gains depending on activity.
Does Polymarket report my gains to the IRS?
No 1099 from Polymarket. US users are personally responsible for reporting gains.
What happens if New York passes its own prediction-market rule?
State-level rules cannot override federal CFTC designation for event contracts — this is the preemption question at the heart of several 2024–2026 court cases between Kalshi and various state regulators. Kalshi has consistently prevailed at federal court level.
Related states
Last verified: April 16, 2026. Nothing on this page constitutes legal or tax advice.