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North Carolina Law Recognizes CFTC Authority Over Prediction Markets

Created at 10 Jul · 10:06 AM1 source↑ Market-relevant
IN SHORT

North Carolina has enacted a law recognizing the Commodity Futures Trading Commission's (CFTC) federal regulatory authority over prediction markets, taxing them at 6% of net trading fees. This move contrasts with other states attempting to regulate these platforms as gambling and comes amid ongoing legal battles over their status.

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Key Numbers

6%North Carolina tax on prediction market net trading fees
23%North Carolina tax on sports betting operators
July 7Date Governor Stein signed the measure
January 1, 2027Effective date for North Carolina tax
July 27Comment period closing for CFTC event contract rules

Who's Involved

Governor Josh Stein
Signed North Carolina law recognizing CFTC authority over prediction markets
CFTC
Federal regulator whose authority over prediction markets is recognized by North Carolina law
Kalshi
Prediction market platform facing legal challenges and regulatory scrutiny
Polymarket
Prediction market platform affected by regulatory battles
North Carolina Law Recognizes CFTC Authority Over Prediction Markets

↳ Why This Matters

North Carolina's decision to formally recognize the CFTC's authority over prediction markets creates a significant precedent, potentially influencing how other states regulate these platforms and impacting the ongoing legal battles over their classification as gambling versus federally regulated exchanges.

Key facts

  • North Carolina enacted a law recognizing the CFTC's federal regulatory authority over prediction markets.
  • The law imposes a 6% tax on prediction market operators' net trading fee revenue attributable to North Carolina residents.
  • This tax rate is significantly lower than the 23% rate applied to sports betting operators in the state.
  • The statute explicitly states the levy carries no licensing, registration, or other regulatory obligations.
  • The law comes after a New York judge denied Kalshi's request to block state gambling regulators, ruling the Commodity Exchange Act does not preempt New York's gambling laws for its sports contracts.

North Carolina has passed a law that formally recognizes the Commodity Futures Trading Commission's (CFTC) federal regulatory authority over prediction markets, such as Kalshi and Polymarket. Signed by Governor Josh Stein on July 7 as part of the state's 2026 budget, Senate Bill 257 establishes that a prediction market registered and licensed by the CFTC may operate lawfully in the state, citing the Commodity Exchange Act's "exclusive federal regulatory authority" over such platforms.

The new law imposes a 6% tax on operators' net trading fee revenue attributable to North Carolina residents from January 1, 2027. Crucially, the statute specifies that this levy carries no licensing, registration, or other regulatory obligations, distinguishing it from the state's approach to sports betting. North Carolina simultaneously increased its tax on sports betting operators to 23% of gross wagering revenue, a significantly higher rate.

This move by North Carolina stands in contrast to actions in other states, where prediction markets have increasingly been treated as unlicensed sports betting. Over a dozen states have pursued such crackdowns, leading to numerous lawsuits. The CFTC has initiated legal action against at least nine states to assert its exclusive jurisdiction. Courts have issued conflicting rulings, with platforms securing injunctions in New Jersey and Tennessee but facing losses in Maryland, Nevada, and Arizona.

The North Carolina law's passage follows a significant courtroom setback for Kalshi, where a New York federal judge denied its request to block state gambling regulators. The judge ruled that the Commodity Exchange Act does not preempt New York's gambling laws as applied to Kalshi's sports contracts. With these divergent court decisions, the dispute is increasingly expected to reach the U.S. Supreme Court. The CFTC is also in the process of finalizing national rules for event contracts, with the public comment period set to close on July 27.

Frequently asked questions

North Carolina will tax prediction market operators at 6% of their North Carolina-attributable net trading fees starting January 1, 2027.

The 6% tax on prediction markets is considerably lower than the 23% tax rate North Carolina applies to sports betting operators.

The CFTC considers prediction markets to be under its exclusive federal regulatory authority, as established by the Commodity Exchange Act.

A New York federal judge denied Kalshi's request to block state gambling regulators, ruling that federal law did not preempt New York's gambling laws for its sports contracts.

What Happens Next

01CFTC to finalize national rules for event contracts.
02The dispute over prediction market regulation is likely headed to the U.S. Supreme Court.

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Cadence

How It Developed

North Carolina passed a law recognizing the CFTC's authority over prediction markets.
The law taxes these platforms at 6% of North Carolina-attributable net trading fees.
This contrasts with a 23% tax rate on sports betting operators in the state.
A New York judge recently ruled against Kalshi, denying its request to block state gambling regulators.
The CFTC is finalizing national rules for event contracts, with a comment period closing July 27.

Sources

T1
North Carolina Bill Recognizes CFTC's ‘Federal Regulatory Authority’ Over Prediction MarketsDecrypt

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