DraftKings Kills Sports Betting Tax Surcharge After FanDuel Passes

The Boston-based bookmaker announced the decision shortly after the chief executive of FanDuel-parent Flutter Entertainment PLC said the company had no plans to institute a gaming tax surcharge of its own. 

Geoff Zochodne - Senior News Analyst at Covers.com
Geoff Zochodne • Senior News Analyst
Aug 13, 2024 • 19:16 ET • 2 min read
DraftKings
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DraftKings Inc. is throwing in the towel on its plan to hit winning bettors with an extra fee if they live in a state with a higher tax rate — but only after its chief rival FanDuel made it clear it would not follow suit.

"We always listen to our customers and after hearing their feedback we have decided not to move forward with the gaming tax surcharge," DraftKings said in a statement Tuesday evening. "We are always committed to delivering the best value in the industry to our loyal customers."

The Boston-based bookmaker announced the decision shortly after the chief executive of FanDuel-parent Flutter Entertainment PLC said they had no plans to institute a gaming tax surcharge of their own. 

DraftKings earlier this month revealed its plan for a small surcharge on winning bets that it would impose on winning players in the higher-tax jurisdictions of New York, Pennsylvania, Vermont, and Illinois.

The decision followed a tax hike in Illinois earlier this year that boosted the amount DraftKings and others must pay to as high as 40% of their revenue. 

An investor presentation from DraftKings suggested the proposed "gaming tax surcharge" could be worth a small percentage of a bettors' winnings, such as 3.2% in Illinois. The company also suggested the measure could help with profitability, noting there could be "upside" to its adjusted earnings starting next year, when it planned to begin imposing the fee.

And now it's all over

DraftKings CEO Jason Robins even floated the idea that the surcharge could persuade other states not to hike their tax rates if it meant hearing from angry bettors. Whether it would fly with regulators was unknown, as several said they were reviewing the idea after it was announced.

All that’s over now, though, as DraftKings says it is scrapping the plan. It is doing so after Flutter, ESPN BET-operator PENN Entertainment, and BetRivers-operator Rush Street Interactive all indicated they would not join in, leaving DraftKings isolated and possibly facing blowback from customers and regulators.

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Geoff Zochodne, Covers Sports Betting Journalist
Senior News Analyst

Geoff has been writing about the legalization and regulation of sports betting in Canada and the United States for more than three years. His work has included coverage of launches in New York, Ohio, and Ontario, numerous court proceedings, and the decriminalization of single-game wagering by Canadian lawmakers. As an expert on the growing online gambling industry in North America, Geoff has appeared on and been cited by publications and networks such as Axios, TSN Radio, and VSiN. Prior to joining Covers, he spent 10 years as a journalist reporting on business and politics, including a stint at the Ontario legislature. More recently, Geoff’s work has focused on the pending launch of a competitive iGaming market in Alberta, the evolution of major companies within the gambling industry, and efforts by U.S. state regulators to rein in offshore activity and college player prop betting.

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