This means that it is possible to play college sports betting, MLB sports betting, and NBA sports betting in the state. In September 2020, New York generated nearly 35 thousand U.S. To voluntarily exclude from New York State gaming facilities, including casinos, horse racing, off-track betting, video lottery gaming and interactive fantasy sports activities in New York State pursuant to Title 9 of the Official Compilation of Codes, Rules and Regulations of the State of New York and New York Racing, Pari-Mutuel Wagering. 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. Legalized land-based wagering: November 2018 (voter referendum).

Does new york state tax gambling winnings

New York has one of the longest running relationships with gambling of any state in the US. The state’s first gaming laws were introduced in the 17th century. Although betting is an old activity, laws are constantly evolving (especially recently), and these new legislative shifts lead to a lot of confusion for players.

Prior to the new tax reform law, taxpayers’ costs (like transportation and admission fees) could be claimed regardless of winnings. But beginning with the tax year 2018 (the taxes filed in 2019), all expenses in connection with gambling, not just gambling losses, are limited to gambling winnings. The bill amends section 631 of the Tax Law to include New York gambling winnings in excess of $5,000 as New York–source income of a nonresident. The bill similarly requires withholding if such winnings are subject to federal withholding, amending section 671 of the Tax Law.

This NY gambling page looks at all forms of gambling in New York and discusses the state’s laws that cover the activities. We will cover topics, such as casinos, both online and land-based, sports betting, and poker among others. If you know exactly the topic you’d like to know more about, click on one of the navigation buttons to jump straight to the relevant section.

Gambling in New York? What Activities are Legal

Contents

Gambling in New York? What Activities are Legal
- Online Gambling NY: Sports
- Online Poker
NY Gambling Overview
- Famous Gamblers from the Empire State
Frequently Asked Questions

There are many different things that come to mind when one talks about betting. There are charitable ‘casino nights,’ wagers amongst friends, and horse races. On this page, however, we’ll be focusing on large-scale operations such as casinos, sports betting, poker rooms and more. Directly below, we answer what activities you can legally play when gambling in New York. We look at both land-based gaming possibilities as well as the online gambling NY has.

New York Casinos

The most popular form of gambling is done at the handful of New York Casinos. Nothing compares to the glitz and glamor that someone feels when they step onto the game room floor. New York is one of the more restrictive states when it comes to casino gaming, but residents and visitors do have a few gaming options when in the state. The Resorts World Casino is the only gambling hall in NYC, but there is a nice selection of Indian casinos as well as racinos peppered throughout the state (ex. Yonkers Raceway).

At NY’s various land-based gambling sites, you can legally play all of the most popular casino games that we have come to know and love throughout the years. NY doesn’t have traditional casinos yet, but Native American gaming halls and racinos are legal. For those who don’t know what a racino is, it is a horse track that is allowed to carry traditional games, such as slots, but due to the state’s laws can only offer electronic table games including: baccarat, roulette and blackjack. To play traditional live card games you’ll have to visit one of the Indian Casinos in New York.

Online Gambling NY: Casinos

Many players ask “is online gambling legal in NY? The answer, unfortunately, is that there is currently no legal way, in which to play online casino games that payout real cash when in New York. In legal markets, online casinos are quickly becoming the most popular way, in which to play table and slot games. However, until the New York online gambling laws are changed, you won’t be able to play online, even if you are of legal gambling age.Popular Online Casino Games:

Slots
Baccarat
Poker
Blackjack
Roulette
Video-poker
Sic Bo
Bingo
Scratch Cards

It isn’t all doom and gloom in the US though. Although many states have historically taken hard-lined stances towards gambling, recently many places have taken giant leaps forward towards legalizing the activity. New Jersey has legal online casinos, and many New Yorkers have started to gamble using these NJ sites. Gambling at a NJ site, however, is illegal when you are in NY, regardless of what people tell you. Nevertheless, many legislators know it is a tough task to try and halt the spread of online casinos. So, who knows? Perhaps there will be legal online gambling in New York sometime in the future.

Sports Gambling NY

The New York gambling laws are more lax when it comes to sports betting. Officially, NY sports gambling is legal. The State Gamging Commission has approved sports betting at four upstate casinos. However, New York politicians have been playing ping pong back and forth with the law, while they debate the minor details of legality. The current law requires that players be physically present when sports gambling in NY.

Where to Gamble on Sports In NY:

World Catskills (Kiamesha Lake, NY)
Rivers Casino (Schenectady, NY)
Del Lago Casino (Tyre, NY)
Tioga Downs (Nichols, NY)

To play, you’ll have to venture to the World Catskills in Monticello, NY, the Rivers Casino in Schenectady, the del Lago Casino in Tyre or the Tioga Downs which is situated west of Binghamton. If you’re in the city, the best option for sports bets at this time would be to pop on over the NJ to gamble.

New York State Gambling Tax

Online Gambling NY: Sports

Once confined to a few locations around America, sports gambling has experienced a major shift after the federal sports betting ban was overturned in May 2018. Now, it is up to states to decide if they will legalize the activity or not. As I stated earlier online gambling in New York is currently prohibited and this extends to sports betting.NY has legalized sports betting but has yet to make a ruling as to whether or not to allow players to place bets from mobile devices. Recent reports suggest that wagering on sports in New York will, for the time being anyway, remain limited to physical sports bets. However, State Sen. Joe Addabbo (D-Queens) said that this doesn’t rule out mobile sports gambling in the future. Should New York online gambling laws change, we will update the info on this page.

Daily Fantasy Sports to Scratch Your Sports Itch

Sports fans do have one online gambling option in New York – Daily Fantasy Sports (DFS). DFS contests are available in the state, but there is a debate about whether DFS actually counts as sports gambling or not. Most have agreed that these sports contests involve enough skill/knowledge that they don’t qualify as sports betting. Until an official ruling is made, the nation’s top DFS operators still offer their products to New Yorkers.

Online Poker

Online poker, like other forms of online g