DraftKings (DKNG) faces a revised investment rating following the introduction of new tax legislation that could impact the online gambling sector, creating uncertainty despite the company's strong operational growth.

Regulatory Shift Prompts Reassessment of DraftKings (DKNG) Investment Outlook

U.S. online gaming operator DraftKings (DKNG) has seen its investment outlook adjusted, with an analyst downgrading the stock to a "Hold" rating. This shift comes primarily in response to new tax legislation set to take effect in 2026, which introduces significant legislative risk for the gambling industry.

The Event in Detail: New Tax Law and its Implications

The core of the concern lies within an amendment to Section 165(d) of the IRS code, part of what is informally referred to as the "Big Beautiful Bill." Effective January 1, 2026, this amendment will limit gambling loss deductions to 90% of winnings, a reduction from the previous 100% deductibility. This change means that bettors could incur taxable income even if their net gambling activity results in a loss. For instance, a scenario where a bettor wins $10,000 but loses $10,500 would, under the new law, result in a taxable income of $550, despite an actual net loss of $500.

This legislative development has prompted DraftKings to experience a recent decline in share value, extending losses for seven consecutive sessions, with shares closing 0.89% lower at $45.91 on Tuesday, September 9, 2025. The stock had previously declined by 3.46% over the preceding six sessions.

Analysis of Market Reaction: "Phantom Tax" and Investor Uncertainty

Analysts are terming this new provision a "phantom tax," as it potentially imposes tax liabilities on money that bettors never actually won. This disincentive is expected to reduce recreational betting activity, which forms a significant portion of the online gaming market. The anticipated decrease in user engagement and transaction volumes could negatively impact the top and bottom lines of companies like DraftKings, leading to increased investor uncertainty and potential downward pressure on stock prices in the short to medium term.

Broader Context and Operational Strength

Despite the legislative headwinds, DraftKings has demonstrated robust operational growth. The company reported a 19.9% year-over-year revenue increase in Q1, reaching $233.8 million, and a 36.95% increase in Q2, totaling $408.10 million, contributing to a Q2 revenue of $1.51 billion. The company's monthly unique players (MAUs) grew by 6% year-over-year to an average of 3.3 million, with the average revenue per MAU increasing by 29% to $151. Furthermore, DraftKings anticipates coming in at the high end of its previous annual revenue guidance of $6.2-$6.4 billion, with adjusted EBITDA projected between $800 million and $900 million. The company is also trading at approximately 21.66 times 2027 earnings, with nearly 400% EPS growth anticipated over the next two years. Year-to-date, DraftKings shares have risen over 24%, outperforming the S&P 500 index's more than 10% gain.

Expert Commentary: Divided Sentiment

Steven Fiorillo, an analyst at Seeking Alpha, initiated the recent downgrade, stating:

"I am downgrading DraftKings from bullish to neutral due to the Big Beautiful Bill's tax changes impacting gambling losses starting in 2026. Section 165(d) now limits gambling loss deductions to 90%, meaning bettors could owe taxes on money they never actually won, hurting recreational betting. Despite strong revenue growth, user acquisition, and promising forward EPS projections, the legislative risk overshadows DKNG's otherwise compelling investment case."

Conversely, the broader analyst sentiment for DKNG remains largely positive, with 29 Wall Street analysts rating the stock "Buy" or above, and five recommending "Hold." DraftKings CEO Jason Robins has publicly criticized this new tax rule, labeling it "very strange" and illogical. The company is actively engaging with lawmakers and supports the FAIR BET Act in an effort to amend the provision.

Looking Ahead: Legislative Uncertainty and Industry Response

The legislative uncertainty surrounding Section 165(d) warrants caution for investors until the situation clarifies. While the new tax provision is scheduled to take effect in 2026, there is bipartisan concern, and efforts are underway to amend or repeal the change before its implementation. The outcome of these legislative efforts will be a crucial factor determining the long-term financial impact on DraftKings and the broader online gaming industry. Investors will closely monitor developments from Capitol Hill and the company's continued efforts to mitigate the potential effects of this "phantom tax."