Fantasy Sports Operators Say Illinois’ 40% Tax Plan May Drive Them Out of State

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The Illinois state legislature is advancing Senate Bill 2145, a pivotal proposal with the potential to reshape the landscape of fantasy sports and online betting in the state. This bill establishes a comprehensive licensing framework, implements significant tax burdens, and sets the stage for interstate betting collaborations. While some operators express concerns about the bill’s repercussions on their business viability, advocates argue that these measures ensure fair compensation for profits garnered within Illinois.

Overview of Illinois’ Fantasy Sports Tax Structure

Senate Bill 2145 introduces a tiered tax framework tailored specifically for fantasy sports operators, whereby taxes apply based on adjusted gross receipts. The proposed tax rates are as follows:

  • 20% on receipts up to $1 million
  • 25% on receipts between $1 million and $3 million
  • 30% on receipts between $3 million and $5 million
  • 35% on receipts between $5 million and $10 million
  • 40% on receipts exceeding $10 million

In addition, operators will be mandated to remit a $50,000 licensing fee to maintain their operational status in Illinois.

Industry Reaction: Concerns Over Excessive Taxation

Tim Jensen, a representative from Real Time Fantasy Sports, has voiced concerns to lawmakers, stating that the proposed licensing fee alone surpasses their total revenue generated from Illinois-based users. Furthermore, Bartlett Cleland from NetChoice pointed out that fantasy sports platforms generate approximately one-thirtieth of the revenue that traditional sportsbooks do, making the proposed taxation level exceedingly disproportionate.

In defense of the bill, Senator Cristina Castro emphasized the necessity for operators deriving profits from Illinois players to contribute to the state’s economic framework: “Businesses wanting to engage with Illinois consumers must recognize their obligation to participate in the state’s revenue structure,” she noted.

Revised Licensing Framework for Sportsbooks in Illinois

The provisions of SB 2145 extend to the establishment of a new licensing model specifically tailored for online sports betting ventures:

  • $250,000 application fee
  • $15 million for an initial license (valid for four years)
  • $1 million for each subsequent four-year renewal

Licenses will be administered by the Illinois Gaming Board, permitting operators to compete in the market without necessitating a physical presence in the state, thereby expanding access to potential operators.

Next Steps in the Legislative Process

As of now, Senate Bill 2145 remains under legislative scrutiny. Should it receive approval, it would empower the Illinois Gaming Board with comprehensive authority to regulate fantasy sports, significantly elevating operational costs for existing and new businesses alike.

Industry stakeholders have expressed concerns that these regulations may disproportionately impact smaller platforms, leading to reduced diversity and choice in the market for consumers. Conversely, proponents maintain that these measures are essential for instituting necessary oversight, ensuring that operators profiting from Illinois consumers contribute equitably.

If you engage in fantasy sports or online betting within Illinois, this legislative update could fundamentally alter the operational landscape, affecting both who can operate in the state and the associated costs for compliance.

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