Home New state and federal gambling laws in the US could affect betting income in 2026

New state and federal gambling laws in the US could affect betting income in 2026

A new US tax law could change the gambling experience for Americans in 2026, with President Donald Trump’s One Big Beautiful Bill Act (OBBBA) could see take-home winnings reduced.

Do you have to pay tax on gambling winnings in the US?

Where previously bettors could deduct all of their losses from their total winnings when calculating their taxable income, the provision would mean that only an amount equal to 90% of losses can now be deducted. That could see betters lose money when it comes to the tax season.

For example, someone who has won $10,000 in bets but also experienced $10,000 in losses would still have to pay taxes on $1,000 of what they took home. This would see them worse off than when they began. It’s estimated that the law change could raise $1 billion in funds for the US government, according to estimates from the Joint Committee on Taxation.

US gamblers will need to be luckier in order to come out on top overall, as the new tax law comes into place.

Attempts are already underway to reverse the change

The change has faced pushback from gambling groups across the US, with Representative Dina Titus in Nevada introducing the FAIR Bet Act last year in an attempt to reverse the change to gambling deductions and bring it back to 100%.

“It pushes people into the black market if they don’t do regulated gaming, because they have a tax disadvantage, and the black market doesn’t pay taxes, isn’t regulated, doesn’t help with problem gaming,” the Democrat said at the time. “So it’s bad for the industry as well as for the player.”

Titus went on to criticize other parts of the bill beyond gambling, arguing that it was “bad enough for my constituents” in various other areas as well. In December 2025, she pushed for a committee to help the FAIR Bet Act progress further.

New state gambling laws in 2026

As well as these changes at a federal level, several states are also introducing new laws at state level. That includes a widespread crackdown on sweepstakes casinos using dual currencies, with New York banning promoting sweepstakes gambling, New Jersey banning such games altogether, California’s ban starting on January 1, and Indiana launching its first hearings after banning sweepstakes last year.

Michigan, Connecticut and Montana are also considering legislation that would affect prediction markets. Indeed, states across the country were reviewing legislation related to prediction markets that could carry through into 2026.

Featured image: Flickr, licensed under CC BY-SA 2.0

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Rachael Davies
Freelance Journalist

Rachael Davies has spent six years reporting on tech and entertainment, writing for publications like the Evening Standard, Huffington Post, Dazed, and more. From niche topics like the latest gaming mods to consumer-faced guides on the latest tech, she puts her MA in Convergent Journalism to work, following avenues guided by a variety of interests. As well as writing, she also has experience in editing as the UK Editor of The Mary Sue , as well as speaking on the important of SEO in journalism at the Student Press Association National Conference. You can find her full portfolio over on…