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CA · United States Caution

Prediction Markets
in California

California's Department of Financial Protection and Innovation (DFPI) has been active in fintech and financial product enforcement, and prediction markets could attract regulatory scrutiny under state money transmission or gambling statutes. While CFTC-regulated platforms like Kalshi operate under federal preemption, the DFPI's aggressive posture toward novel financial products makes California a cautionary jurisdiction.

Platforms available
4 / 4
State status
Caution
State income tax
Up to 13.3%

Which platforms are available in California?


Platform Status in CA Notes
Kalshi Available CFTC-regulated DCM — broadest topic coverage, no deposit minimum
Polymarket Available US platform via QCEX (CFTC-licensed, Dec 2025 launch — invite-only waitlist, full access est. Q3–Q4 2026)
Manifold Available Play-money + optional sweepstakes cashout, 5% fee. Available everywhere except DE, ID, MI, WA.
PredictIt Available Politics-only markets, $850 max per contract. CFTC no-action relief.

⚠ Platform availability can change. Always verify directly with the platform before depositing funds. Polymarket's QCEX waitlist is currently 6–12 weeks for most states.

Available in California

Regulatory environment in California


California's Department of Financial Protection and Innovation (DFPI) has been active in fintech and financial product enforcement, and prediction markets could attract regulatory scrutiny under state money transmission or gambling statutes. While CFTC-regulated platforms like Kalshi operate under federal preemption, the DFPI's aggressive posture toward novel financial products makes California a cautionary jurisdiction.

⚠ What this means for California residents
  • Kalshi (CFTC-regulated) operates under federal preemption — generally accessible in California
  • Polymarket QCEX is available via waitlist, though state regulatory scrutiny is elevated
  • Monitor regulatory developments — enforcement posture in caution states can shift quickly
  • Consult a local attorney before deploying significant capital on non-CFTC platforms
State regulator
DFPI

How California taxes prediction market profits


California state tax
Up to 13.3%
Ordinary income rate (top bracket)
Federal tax
Up to 37%
Ordinary income — top federal bracket

California taxes event contract profits as ordinary income at state rates up to 13.3%, among the highest in the nation.

At the federal level, platforms like Kalshi issue annual 1099-MISC forms reporting net profits as ordinary income. You can deduct up to $3,000 in net losses per year against other income, carrying forward the remainder to future years. If you trade sports event contracts, the One Big Beautiful Bill Act (OBBBA, signed July 4 2025) caps sports betting loss deductibility at 90% starting in 2026.

General information only. Consult a qualified tax professional regarding your specific situation.