Is Polymarket legal in New York? Still available, but New York is suing (2026)
Polymarket US still operates in New York, sports included, but Attorney General Letitia James and Governor Kathy Hochul sued it on 24 September, calling it unlicensed gambling that lets 18-to-20-year-olds bet. What New Yorkers can trade, the lawsuit, Polymarket’s countersuit and taxes.
In this article
Yes, for now. Polymarket US still operates in New York, sports contracts included, but the state is trying to shut it down. On 24 September 2026, Attorney General Letitia James and Governor Kathy Hochul sued Polymarket US, calling it an unlicensed gambling operation. No court has ruled on the merits, so trading continues while the case plays out. The global site, polymarket.com, does not accept US residents.
As of 24 October 2026. Polymarket US checks your location; what the app shows is what you can trade.
Polymarket in New York at a glance
| Status in New York | |
|---|---|
| Polymarket US | Available, including sports; contested in court |
| State lawsuit | Filed 24 September 2026 by the attorney general and governor |
| Global polymarket.com | Not open to US residents |
| Minimum age | 18 on Polymarket US; New York's sportsbooks require 21 |
| Online sportsbooks | Legal since January 2022, licensed by the State Gaming Commission |
| State tax | Income tax of 4% to 10.9%, plus New York City tax for city residents |
| Kalshi | Still operating, and also being sued (Kalshi in New York) |
What New York's lawsuit says
- Unlicensed gambling. The state says Polymarket's sports contracts are bets that only licensed sportsbooks may offer.
- The age gap. Polymarket US accepts users from 18, while New York requires mobile sports bettors to be 21.
- What it wants: an injunction, restitution to customers, triple Polymarket's gains, and $100,000 for each unauthorised wager offered.
Polymarket's response
Polymarket moved the case to federal court in Manhattan the same day and filed its own lawsuit against the attorney general, arguing that federal law gives the CFTC exclusive authority over its contracts. Judge Abrams has asked both sides how to proceed; there is no ruling on the merits. Separate private class actions against Polymarket are also pending in New York.
Kalshi faces the same fight
New York sued Kalshi on 31 July 2026, seeking at least $36 billion, after a federal judge refused to block the state's enforcement. Kalshi still operates in New York, under a CFTC emergency order, while it appeals (Kalshi in New York). The two cases are likely to be shaped by the same question the Supreme Court may take up: can states regulate federally regulated event contracts? (Kalshi and the Supreme Court).
What New Yorkers can trade
- Sports: NFL, NBA, MLB and college sports, including combos (parlays explained).
- Politics: the midterms and control of Congress (midterm predictions).
- Economics, crypto and culture: Fed decisions, bitcoin price contracts, awards and box office.
How to sign up in New York
- Download Polymarket US and verify your identity; you must be 18 or older.
- Allow location access.
- Deposit by debit card, Apple Pay or bank transfer (how to deposit).
- Keep balances modest while the lawsuit is unresolved: if a court orders Polymarket to stop in New York, open positions may have to be closed.
Taxes
New York taxes gains as income at its regular rates, from 4% to 10.9%, and New York City residents pay city income tax too, on top of federal tax (how winnings are taxed).
Polymarket in New York: frequently asked questions
Is Polymarket legal in New York?
Polymarket US still operates in New York, but the state sued it on 24 September 2026, and the case is pending.
Can you trade sports on Polymarket in New York?
Yes, for now.
Why is New York suing Polymarket?
It says Polymarket runs unlicensed sports betting and lets 18-to-20-year-olds bet, though New York requires sports bettors to be 21.
Is Kalshi available in New York?
Yes, and New York is suing it too.
