State-Level Gambling Legality in Kentucky
Kentucky's gambling legality is a direct reflection of its rich equestrian heritage, with horse racing at its core. The state has long permitted pari-mutuel wagering on horse races, which are overseen by the Kentucky Horse Racing Commission (KHRC). This commission is one of the oldest in the U.S. and has recently expanded its oversight to include a new gambling vertical: sports betting.
Following the passage of House Bill 551 in 2023, both online and retail sports betting became legal. The state's gambling options also include the Kentucky Lottery and charitable gaming. However, unlike New Jersey, Kentucky's laws are notably more restrictive. The state has no commercial or tribal casinos, and both online casinos and online poker are explicitly illegal.
The legal framework, primarily found within the Kentucky Revised Statutes, is designed to regulate a select number of gambling forms rather than to create a broad, all-encompassing market.
Gambling Taxes in Kentucky
All gambling winnings in Kentucky are considered taxable income and are subject to both state and federal taxes. For players, winnings must be reported on their state income tax return. The state applies a 6% flat tax rate on most gambling winnings. Operators, however, face different tax structures depending on the gambling vertical.
Licensed sports wagering facilities are subject to a 9.75% excise tax on their adjusted gross revenue from in-person wagers. Online sports betting platforms face a higher 14.25% tax on their adjusted gross revenue. Winnings from the Kentucky Lottery are also subject to state tax. This tiered taxation system reflects the state's strategic effort to generate revenue from new, highly popular gambling forms while maintaining its traditional markets.