Given the blend of people, the mix of cultures, the liberty of opinions, the open-mindedness and the renowned flair for profitable business, this state is known to have, we would have thought that New York online casinos would be a custom option by now. Fact is though that the state indeed shares the mixed view that the whole nation holds on the United States online gambling. NY has casinos and race tracks, an expanded charitable gaming structure and was one of the first states in the country to organize a state lotto. However, it seems it has a tough time keeping up with the novelties in this field, since sports betting and online gambling NY hasn’t managed to legalize by now, although, the fair is to say, not for lack of trying in some regards.

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Contents

NY Gambling Laws

The state of NY has a number of Indian tribes which have taken on the opportunity created by the Indian Gaming Regulatory Act and have started businesses in their reservations, in the form of land-based casinos. This law states, among other important regulations, that no corporate tax is to be paid by tribal casinos, which make for a great business, up from the start. Unfortunately, being passed in 1988, this bill says nothing about online gambling in NY, which creates quite a predicament for these newly emerged websites, as we’ll see next.

At first glance, there is a somewhat chaotic display of gambling opportunities across the state. NY City has a population of over 8.5 million, with an approximate number of 67 million tourists predicted in 2019. All these people only have access to the staggering number of 2 casinos in the NY City metropolitan area: Resorts World Queens and Empire City Casino. With these numbers in mind, the question of whether can you gamble online seems to only have one logical answer. Less fortunate for players, the authorities that are responsible for passing New York online gambling laws, don’t see the need for creating additional options of wagering.

The Gaming Commission and authorities won’t license any other casinos here, in order to not undermine the already dwindling business of the upstate tribal casinos. Many analysts predict a saturation of the gaming market with the number of optimal casinos being overpassed, based on revenues dropping for some of the newest opened establishments. The first appeared tribal casinos blame the decreasing of incomes on the newly created businesses, which they feel have dissipated the offer for gambling options. This being a general feeling, there is no chance of them agreeing to extra competition, be it the opening of new casinos, or the legalization of online casinos NY.

Legislation Terms

Swiftly looking through the legal language used for the defining of approved gambling, the concept of “contest of chance” appears. Therefore, any activity, that trades anything of material value, which is bound to offer an outcome which is, totally or partially, affected by chance, is forbidden.

There are a couple of exceptions mentioned, such as the race tracks betting and charitable gaming. The classic casinos might have been included in the banned category, only they are protected under the Indian reservations’ federal law mentioned above. And real money casinos online that pay real cash in New York don’t fall under the same regulations and are therefore prohibited.

The contest of chance stated affects the online sports betting market as well, regardless of the latest Supreme Court decision that leaves sports booking in the state’s regulators responsibility. Actually, the concept has such a large interpretation, that even social gaming is considered illicit as long as a fee or material winnings are involved. If PlayMGM is forbidden in this state, what expectations could we have on NY online gambling?

Considerations on Online Gambling

This subject has always had a special status, and many have wondered: is online gambling legal in NY? In fact, the recent decade has brought a thorough debate on the legalization of online poker, although opening NY online casinos has never a discussed issue so far.
The battle towards establishing scenery for legal online gambling in NY has been in the detriment of the idea’s supporters. A bill which proposed seeing poker as a game of skill and thus over passing the contest of chance terminology has been passed two times in Senate already, only to be shut down in General Assembly. The 2019 bill makes it the seventh year in a row when trying to regulate poker games and although we can’t predict its chances of succeeding, at least the fact that law-makers proposing this don’t back down, gives us hope of change.
But this struggle doesn’t mean there aren’t any ways of enjoying the perks of online betting. There is a constantly increasing number of offshore online gambling sites, licensed in countries where this activity is not frowned upon, that offer their services to US residents, New York state’s population as well. There are some specifications to be wary about, but this is available for any other website that involves real money transactions: verify that the site is licensed, verify that it displays security measures, check other user’s reviews, or read the specialized sites’ reviews and see if they’re on any blacklists. We gathered such information on our website. And you definitely have to check out our Bovada Casino review. Bovada is legal in New York and is one of the best online casinos for US players.

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Offline Gambling

Traditional casinos

The status of tribal casinos being protected, as mentioned earlier, makes them hold a sort of monopoly on New York slots. Along with the 17 casinos owned by various tribes, such as Seneca or Oneida, nine racinos are also available for players, in this state. The revenues of some of these racinos have seen a drop in figures, making most struggle and creating a wave of discontent among other casino owners across the state. They all believed the market couldn’t stand for any more venues of sorts, without creating a dent in their current enterprises. This is hardly the best scenario for New York online casino concept to come into the stage.

Race Tracks and Off-track Betting

New York State gambling stage also holds race tracks, among the racinos mentioned above. The Belmont Park horse track hosts one of the prestigious derbies in the country. Off-track betting is also available in more than one location statewide, with simulcasting more than 200 tracks across the country. For this area of online gambling, NY could have used the benefits of the Internet to create easier access for those willing to bet.

Charitable Gaming

Talking about gambling in NYC wouldn’t have been complete, without mentioning a category also stipulated in the exceptions part in the law on wagering: raffles and bell jar games. With prizes that are limited to 6000 USD per game for raffles and 1000 USD for the simplest bell jar game, these are most popular among the NY population. Starting 2018, the online sale of raffle tickets has been made available, hopefully meaning a first baby step towards being able to gamble online NY.

Social Gaming

There has been news about private gatherings in celebrities’ flats that the police have raided on account of playing illegal poker. So, instead of inviting friends over for a nice Hold’em, ask yourself: perhaps is it legal to gamble online? Of course, that as long as no rake or table fees are required, no one is going to raid you friendly to get together. As well as playing with your friends in any private room in an online casino for New York residents, is not a problem by any US law.

Future Prospects

Online Poker

Is online poker legal in NY, remains a query with a negative answer still? Although, thus far, many have tried to change the New York online gambling laws. A solid proof to sustain this was the newest 2019 bill which aims at deeming poker a game of skill. However, the road towards creating the first NY online casino lies far ahead still, seeing how not even a discussion on this aspect has taken place.

Sports Betting

Players in the field of online sports betting in New York seem to hold a higher hope of success. Since the Supreme Court ruling in 2018, many deals between grand operators in Las Vegas and local casinos have been made, hoping for a shift in the view on sports booking. With an additional lobby, the lawmakers might just take a second look at their decisions and perhaps start influencing the online betting in NY market.

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❓ Are casinos legal in New York?

Yes. Gambling in New York is monopolized by a number of tribal casinos and race tracks casinos. These are the places where all New York slot machines, as well as table games, can be found. Additional to these, lots of places where charitable organizations hold raffles are spread around the state. Unfortunately, when it comes to online casinos NY has a dramatic shortage.

❓ Is gambling legal in New York in places other than tribal casinos?

Yes. Gambling in NY State is also available in establishments known as racinos that combine race tracks with casinos. Also, there are a number of online casinos licensed in other countries, which welcome NY players.

❓ Is online gambling legal in NY?

Although Internet gambling is not legalized in this state, there is the possibility of accessing a number of online casinos for real money by NY residents. These virtual casinos are licensed in trustworthy countries such as Canada, Malta or Curacao and offer increased security measures for protecting players’ personal and financial data.

❓ What is the minimum legal gambling age in NY?

18 is the New York State gambling age for lottery and bingo, while casinos can establish a minimum age restriction starting with 18 to 21 years old.

❓ What are the accepted ways of transferring money in and out of the account in online casino for NY residents?

For those playing in any New York online casino accepting residents, it’s easy to access their winnings, although it might take a bit longer to receive the actual money, because the means to do so, require a couple of days to come through: bank checks, bank transfers. The fastest ways to get your money in possession are by transferring them to debit or credit cards, or money transfers, but on account of extra security measures, some websites don’t offer these means as a viable option.

❓ Are laws favourable for gambling expansion in the near future?

There is a bill proposed this year, as has been one in every year for the past 7, which would regulate online poker being seen as a game based entirely on skill. This would take online poker out from under the limitations set by the “contest of chance” concept stated in the laws on gambling. Also, a general feeling of hopefulness is felt, regarding sports betting, with many deals signed between powerful Nevada casinos and state-based establishments, that in the event of a favourable regulation, sports booking facilities to be put in place. Unfortunately, on the matter of setting the first online casino NY law-makers haven’t said a word so far, making it unlikely that anything should happen in this direction, in the near future.

With Ontario and Quebec just a short drive away across the border, Canadians account for the largest number of international travellers to New York state with more than four million annual visitors.¹ While there are countless things to do in the Empire State, with 19 casinos, gambling is a popular choice. In fact, New York is the seventh largest state for gambling in the U.S.

If you’re thinking of visiting New York state and visiting a casino or racino, it’s important to remember that your winnings could be subject to a 30% withholding tax by the Internal Revenue Service (IRS). Fortunately, Refund Management Services (RMS) can help Canadians and other eligible non-U.S. residents reclaim a portion or all of that withholding tax.

Vegas-style casinos have only been operational in New York state since 1993. Before that, there were only bingo halls. Today, you can find 19 casinos in New York state, though not all are created equal.² There are five full-service tribal casinos open 24 hours that offer table games as well as electronic slot machines. There are also nine racetrack casinos in New York state. The remainder of the casinos are smaller establishments that offer bingo and other associated games, such as pull-tabs.

That said, the state is expanding its casino operations. In 2013, voters passed a referendum allowing for up to seven non-Indian casinos to be built. The first four casinos will be built upstate.³

Three of the casinos are slated to open in January 2017. This includes the $330-million Rivers Casino & Resort at Mohawk Harbor in Schenectady,⁴ the $425-million del Lago Resort & Casino in Tyre,⁵ and the $750-million Montreign Resort Casino in Kiamesha Lake (Catskills).⁶

Best Casino Near New York City Map

Until these three casinos open in 2017, the following are the biggest casinos in New York State.

Resorts World Casino

Resorts World Casino in New York City is huge. Covering 175,000 square feet over two floors, the casino has more than 5,500 slots and electronic table games.⁷

You can play baccarat, blackjack, roulette, craps, and three-card poker, but it’s all electronic and this might take getting used to. For example, baccarat is played with real playing cards, but they are dealt inside a machine.

The casino also has live entertainment and special performances on the third floor and a diverse food court and high-end steakhouse. There is no hotel at the casino, but it is in New York City so there are plenty of great hotels nearby.

Resorts World Casino is also adjacent to Aqueduct Racetrack, a thoroughbred horseracing facility that is home to the Wood Memorial Stakes, Cigar Mile Handicap, Carter Handicap, Gazelle Stakes, and Gotham Stakes.⁸

Empire City Casino at Yonkers Raceway

The name says it all: a casino and raceway in Yonkers. The casino at Empire City covers over 150,000 square feet of floor space where you’ll find 5,300 slots, video poker machines, and electronic table games (roulette, craps, baccarat, and sic bo).⁹

The Aqueduct racetrack features live harness racing all year long with five race days per week and simulcast betting. The first post is at 7:10 p.m. ET on Monday, Thursday, Friday, and Saturday, and 1:00 p.m. ET on Tuesday. The Aqueduct also hosts races on 11 Sundays through the year.¹⁰

Seneca Niagara Casino Hotel

Seneca Niagara is just a 10-minute drive from Niagara Falls. At the approximately 150,000-square-foot casino, you’ll find 3,600 reel and video slots that take denominations from a penny to $100.00 per pull. There is also a high-limit slot area with $5.00 to $100.00 limits.¹¹

Unlike the other two casinos, Seneca Niagara offers close to 100 live table games. If you like poker, then you’ll enjoy the 16-table poker room and keno lounge.

Amenities include a spa, salon, fitness centre, indoor pool, entertainment venues, bars, lounges, and restaurants.

After a late night gambling, you can stay in any of the 604 deluxe hotel rooms. The hotel at Seneca Niagara is the largest in the state outside of Manhattan. Every year since 2006, the hotel has received the AAA Four Diamond certification.¹²

New York Casino Winnings Subject to 30% Withholding Tax

If you’ve visited a casino in New York state or anywhere else in the United States and won a significant amount of money, typically over $1,200, chances are good that 30% of your winnings were withheld by the IRS.

That’s because the IRS considers casino winnings to be income. If, for example, you win $1,500 playing bingo or keno, on a game show, or betting on the horses, you’ll only receive $1,050. But if you live in a country like Canada, which has signed a U.S. tax treaty, you may be eligible for a refund.

There are a number of countries that currently do not have a U.S. tax treaty. However, if you reside in any of the following countries, you could still be eligible for a refund: Australia, Bahrain, Barbados, Brazil, China, India, Indonesia, Israel, Kuwait, Mexico, Malaysia, Monaco, New Zealand, Norway, Saudi Arabia, Singapore, South Korea, Switzerland, Taiwan, Thailand, and the U.A.E.

To see if you meet the criteria and are eligible to get some or all of your withholding tax back, contact RMS.

RMS, the Easiest Way to Get Your 30% Withholding Tax Back

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If you’ve been to the U.S. and had 30% of your winnings held back by the IRS, RMS can help you reclaim a portion or all of your taxable winnings.

Founded by a Canadian chartered accountant in 1998, RMS is the most reliable and experienced gaming and casino tax refund provider for non-U.S. residents. Only RMS has the One Simple Step^TM process. Our customer service agents take care of the rest.

Once you provide us with complete documentation, your claim will be processed and we will submit it to the IRS. We’ve never been refused for an eligible refund! It can take a minimum of one year for the IRS to review the claim and for RMS to receive the refund.

Contact RMS today by calling our toll-free number at 1-888-272-5559 or by e-mailing us at [email protected]dmanagement.com.

Sources:

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1. “New York State spending $500K on campaign to lure Canadians,” Toronto Sun web site, February 29, 2016; http://www.torontosun.com/2016/02/29/new-york-state-spending-500k-on-campaign-to-lure-canadians.
2. “New York,” Get to Know Gaming web site; http://www.gettoknowgaming.org/by-the-book?state-data#&state=US-NY.
3. “New York voters approve casino referendum despite opposition in Central New York,” Syracuse.com web site, November 5, 2013; http://www.syracuse.com/news/index.ssf/2013/11/new_york_voters_approve_casino_referendum_despite_opposition_in_central_new_york.html.
4. “Rivers Casino & Resort Schenectady,” Rivers Casino web site; https://riverscasinoandresort.com/.
5. “Seneca County’s del Lago casino about half done,” Democrat and Chronicle web site, April 8, 2016; http://www.democratandchronicle.com/story/money/business/2016/04/08/del-lago-resort-casino-half-complete/82797244/.
6. “Empire Resorts Unveils Plan for $750 Million Casino in Catskills,” The New York Times web site, March 13, 2014; http://www.nytimes.com/2014/03/14/nyregion/empire-resorts-unveils-plan-for-750-million-casino-upstate.html?_r=0.
7. “Casino,” Resorts World web site; http://www.rwnewyork.com/index.php.
8. “Aqueduct,” New York Racing Association web site; https://www.nyra.com/aqueduct/.
9. “Games,” Empire City Casino web site; http://empirecitycasino.com/games/.
10. “Racing Calendar,” Empire City Casino web site; http://empirecitycasino.com/racing/race-calendar/.
11. “Casino,” Seneca Niagara Casino web site; http://senecaniagaracasino.com/casino/.
12. “Stay,” Seneca Niagara Casino web site; http://senecaniagaracasino.com/stay/.