Prediction markets are booming. Taxing them is a mess
CNBC·2025-12-23 16:38

Core Insights - Prediction markets are rapidly growing, with Robinhood reporting 11 billion contracts traded by over one million customers since launch, making it their fastest-growing product line by revenue [1] - The prediction market industry could potentially reach $1 trillion by the end of the decade, indicating significant financial implications for taxation [4] Industry Overview - Various platforms, including Interactive Brokers, Coinbase, and DraftKings, are entering the prediction market space, indicating a competitive landscape [1] - The distinction between prediction markets and traditional gambling is emphasized, as prediction markets are regulated by the Commodity Futures Trading Commission, while gambling is state-regulated [3] Tax Treatment and Implications - There is currently no consensus on how to treat gains and losses from prediction markets, leading to confusion among tax advisors [5] - Potential tax treatments include categorizing prediction market contracts as capital assets, gambling wins, or Section 1256 contracts, each with different tax implications [6][7][8] - Taxpayers are advised to keep detailed records of their gains and losses, as the responsibility lies with them to report income from prediction markets [10][11] Future Considerations - The IRS has not yet provided specific guidance on the taxation of prediction markets, leading to uncertainty for taxpayers [12][13] - Anticipated IRS guidance could necessitate amendments to tax returns, depending on how income from prediction markets is characterized [12][13]