Wv Gambling Tax

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West Virginia officially has sports betting, including online wagering, in 2020.

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FanDuel Sportsbook is live with its sports betting app in West Virginia as of August 2019. DraftKings Sportsbook joined FanDuel a few days later and is live as well, giving West Virginians access to two of the most popular sportsbooks outside of Nevada. Most recently, BetMGM joined the market.

Currently, there are about 7,200 VLTs active in WV. West Virginia VLTs are required by law to accept wagers no larger than $2.00 and must provide a theoretical return to players of 80% to 95%. In other words, every $100 put into machines must result in an average of $80 to $95 worth of payouts over the long term. Casino Winnings Are Not Tax-Free. Casino winnings count as gambling income and gambling income is always taxed at the federal level. That includes cash from slot machines, poker tournaments.

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The Mountain State became the fifth in the US to offer legal sports betting in August 2018, following New Jersey, Delaware, Mississippi, and Nevada. It became the third with legal online sports betting as of December 2018, though it endured a six-month outage in 2019 before finally returning to service.

West Virginia Sports Betting in 2020

CasinoOperatorOnline / MobileRetail offered?
Hollywood Casino at Charles Town DraftKings SportsbookLive as of Aug. 2019Yes
The Greenbrier (private) FanDuel SportsbookLive as of Aug. 2019Yes
The Greenbrier (private) BetMGM SportsbookLive as of Jan. 2020No
Mardi GrasIGTSuspended since March 2019Yes
Wheeling IslandIGTSuspended since March 2019Yes
Mountaineer CasinoWilliam HillNot yetYes

Legal sports betting options in West Virginia

If you want to bet on sports in West Virginia, you have a variety of options:

WV sports betting apps

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There are currently three online sportsbooks available in the state:

  • DraftKings Sportsbook: One of the top betting options in several states, the daily fantasy sports and sportsbook offers a full sports betting app in West Virginia.
  • FanDuel Sportsbook: Another DFS company and a top competitor of DraftKings, FanDuel is the leading sportsbook brand across the country right now in terms of amount wagered.
  • BetMGM Sportsbook: The app from MGM Resorts International, which operates casinos and sportsbooks around the country, is now live in the state.
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Sportsbooks at WV casinos

There are five casinos that can offer WV sports wagering at retail locations

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  • Hollywood Casino was the first to go live and is the online partner of DraftKings.
  • FanDuel is operating the sportsbook at the private resort, The Greenbrier.
  • Mountaineer Casino in New Cumberland launched a sportsbook in 2019, but does not have an online platform.
  • Mardi Gras Casino and Wheeling Island launched their retail sportsbooks in 2018. They also launched a now-defunct app available via BetLucky.com. After being shuttered for most of 2019, the two properties finally reopened their betting windows in 2020.

Recent WV sports betting news

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A sports betting bill that has the backing of the West Virginia Lottery Commission surfaced in the Senate on Monday, the latest indication that the state may be the next to enact a law permitting single-game wagering.

The new WV sports betting bill

The new bill would seek to legalize and regulate sports betting via the state lottery. That’s provided, of course, that the federal ban on such wagering is struck down or lifted. That could happen in the coming months, if the US Supreme Court rules that the federal ban — PASPA — is unconstitutional.

Part of the legislation acknowledges the current climate in the US:

The Legislature finds that illegal sports wagering channels operating throughout the United States pose a critical threat to the safety and welfare of the citizens of West Virginia, and creating civil and criminal penalties to prosecute illegal operators while transferring this black market demand into a secure and highly regulated environment will protect the public and positively benefit state revenues and the state’s economy.

There were already two other bills active in the statehouse, but the new bill will be the vehicle for legalization moving forward.

The nuts and bolts of the sports betting bill

Here’s what is in the bill (S 415):

  • Puts regulation of sports wagering under the purview of the state lottery.
  • Allows wagering on both pro and collegiate sporting events.
  • Sets a minimum age of 21 for wagering.
  • Allows for the state’s five gaming facilities to offer sports betting.
  • Would authorize online and/or mobile wagering if the lottery commission approves it.
  • Sets up a structure for licensure of sports betting operators, and creates an application fee of $250,000. An approved license is good for five years and can be renewed for $100,000.
  • Creates a tax on operators on their gross gaming revenue of ten percent.
  • Codifies the basics of integrity monitoring for sports wagering vs. real-world events.

Of note: the earlier bills in the state sought to tax sports wagering at a rate of two percent of handle, which would be a much higher effective tax.

There is no appearance of the “integrity fee” that was included in an Indiana sports betting bill lobbied for by the NBA and Major League Baseball. That fee as suggested by the NBA would pay one percent of handle to all sports leagues on which wagering would occur.

Where would sports betting take place?

The bill would make sports betting the domain of the state’s five existing gaming facilities:

  • The Casino Club at The Greenbrier
  • Hollywood Casino at Charles Town Races
  • Mardi Gras Casino and Resort
  • Mountaineer Casino, Racetrack and Resort
  • Wheeling Island Hotel-Casino-Racetrack

The bill does not get into the specifics of online/mobile wagering. But as stated above, the lottery can approve mobile betting platforms in the state.

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The lottery is behind this effort

According to the Charleston Gazette-Mail, the bill is the brainchild of the state lottery:

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… the state Lottery Commission will be introducing legislation this session to permit sports betting at state casinos, Lottery counsel Danielle Boyd told the Senate Finance Committee Tuesday.

Boyd said the expectation is the high court will issue an opinion in late spring or early summer overturning the ban, and the commission hopes to have a state sports betting law on the books when that happens.

The lottery has been aggressive in preparing for legal sports betting, contracting for an analysis of the market last year. The lottery’s involvement in the bill should help pave the way for its eventual passage in the legislature.

West Virginia is looking to join New Jersey, Pennsylvania and New York, all states that have already legalized sports wagering pending a change in federal law. Nevada sports betting, of course, is already legal without a change in federal law.