North Carolina Becomes First U.S. State to Tax Prediction Markets and Recognize Federal Oversight
The rise of prediction-market platforms such as Kalshi and Polymarket has intensified a long-running dispute over whether they fall under U.S. federal or state oversight. States have generally treated such platforms as illegal gambling operations. But as prediction markets gain influence in events including elections, defining the respective jurisdiction of the Commodity Futures Trading Commission (CFTC) and state authorities has become a critical milestone in developing a sound market framework.
North Carolina's newly signed budget imposes a 6% tax on prediction-market platforms' net trading fees from 2027 while exempting them from state licensing requirements. The move makes North Carolina the first U.S. state to effectively recognize CFTC jurisdiction through a light-touch tax regime. It eliminates a cumbersome state application process and establishes a new regulatory model for other states.
All Coverage
2 original reportsThe Backstory
The history behind this eventMinnesota Bans Prediction Markets as CFTC Sues to Defend Federal Authority
Prediction markets allow users to trade event contracts tied to elections, sports and weather. Operators such as Kalshi argue that these products are derivatives regulated by the U.S. Commodity Futures Trading Commission, while states regard them as gambling. Minnesota became the first state to impose an explicit blanket ban, raising the central question of whether the federal Commodity Exchange Act preempts state criminal and gambling laws.
Governor Tim Walz signed SF 4760 on May 18, 2026, banning the creation, operation, facilitation or advertising of prediction markets. Violations are punishable by up to five years in prison and a $10,000 fine, and the law takes effect on August 1. The CFTC sued within hours on May 19, arguing that event contracts fall under exclusive federal jurisdiction and seeking a preliminary injunction to block state enforcement.
Subscribe to Mark Radar Weekly
Every Friday, the week's strongest signals in your inbox. Unsubscribe anytime.