Golden Entertainment Hints at Real Estate Sales

Shares of Golden Entertainment (NASDAQ: GDEN) rose on Friday after executives hinted they’re examining avenues for monetizing the casino operator’s real estate assets.

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Golden Entertainment’s Strat Las Vegas. The operator said it is examining options for real estate holdings. (Image: Vegas Means Business)

The comments were made on a conference following the company’s third-quarter earnings report. Acknowledging that Golden shares trade at deeply discounted multiples relative to peers, CEO Blake Sartini said the operator won’t sit idle on the strategic review front. It appears as though the company would be a more likely seller of assets than buyer because management noted compelling acquisitions opportunities are hard to come by in the current environment.

CFO Charles Protell said Golden is evaluating the math pertaining to its real estate. Currently, the Las Vegas-based gaming company owns all of the real estate on which its eight casino hotels reside. Three of those venues are located in Las Vegas with another trio in Pahrump, Nevada and two more in Laughlin.

Protell did not comment on whether a sale of some or all of Golden’s property assets is imminent.

Golden Entertainment Real Estate Has Ample Value

Last month, speculation surfaced that Golden could consider monetizing some of its property holdings as an avenue for creating shareholder value. The earnings call was the first time executives publicly mentioned examination of its real estate.

On last night’s call, we believe GDEN was the most transparent it has ever been, and it does not intend to remain idle from a corporate strategic standpoint should shares remain near current valuation levels,” observed B. Riley analyst David Bain. “GDEN suggested a ‘high bar’ for acquisitions given its valuation and suggested it is in ‘active mode,’ reviewing the math around the value of its own real estate.”

The analyst noted that should Golden pursue an asset-light model and divest its land assets, the stock could “conservatively” be worth $42 a share — well above the roughly $32 area at which it trades today. By selling real estate, Golden would create long-term liabilities because it would have rent obligations via sale-leaseback deals, but it’d also significantly bolster its cash on hand position and that capital could be used for other value-generating opportunities.

In terms of property value, The Strat is the crown jewel in the Golden portfolio. Located near the Las Vegas Strip, that venue could fetch a significant percentage of Golden’s $871.25 million market capitalization in a potential sale.

Golden Stock Too Cheap

Bain argued that owing to Golden’s Nevada-only footprint and the state’s status as the marquee gaming market in the US, shares of the Arizona Charlie’s operator should not be so deeply discounted relative to peers.

The analyst said Nevada sets the stage for Golden to grow earnings before interest, taxes, depreciation, and amortization (EBITDA) and management is showing investors its sees value in the stock by repurchasing shares.

“NV assets that set the stage for intermediate to longer-term peer growth outperformance. Further, GDEN is poised for 15% q/q 4Q24E EBITDA growth and 7%+ y/y EBITDA growth next year (with upside),” he concluded. “Net leverage is ~2x (under-levered) and outside its over 3% dividend yield, GDEN increased its repurchase authorization $100M to $131M total, and made clear it will continue to buy back its stock.”

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Reno’s Grand Sierra Resort Agrees to $250K Settlement With Nevada Gaming Commission

The Grand Sierra Resort in Reno has agreed to pay the Nevada Gaming Commission (NGC) a quarter of a million dollars to settle a regulatory complaint stemming from an incident last year.

Grand Sierra Resort Nevada Gaming Commission
The Grand Sierra Resort in Reno has agreed to pay $250K to settle a regulatory complaint brought by the Nevada Gaming Control Board (NGCB). This week, the Nevada Gaming Commission (NGC) signed off on the resolution. (Image: Grand Sierra Resort)

The Nevada Gaming Control Board (NGCB) brought a complaint against MEI-GSR Holdings, LLC, doing business as the Grand Sierra Resort after one of its agents reported being denied prompt access to the property’s Grand Theatre during a routine inspection.

Michael Somps, a senior deputy attorney general in the Nevada Attorney General’s Office who represented the state in the matter, told the NGC that a Gaming Enforcement Division agent arrived at the Reno casino on Dec. 19, 2023. During the agent’s inspection, casino security approached the agent after he bypassed a metal detector outside the theater’s entrance.

Casino security told the agent, who had his NGCB badge and credentials displayed, that he had to relinquish his firearm before entering the theater. After about six minutes, higher-ups with the resort informed the security personnel that the gaming agent could enter the theater with his weapon.

Rare Occurrence

All establishments licensed by the NGC are subject to routine inspections. State gaming agents are to have immediate and full access to “all portions of the premises,” with the definition of premises being “curb to curb,” said Somps.

The senior deputy attorney general explained that gaming agents review areas off of the casino floor to ensure that no illegal gambling or other unlawful activity is occurring inside the licensed gaming facility.

While a brief delay for access is sometimes common, a delay of six minutes, which the agent disputed and said was longer, is an outlier according to Somps. Paired with a similar incident in 2021, where a third-party security guard hired by the Grand Sierra, blocked a gaming agent’s immediate access until he was wanded, Somps said a $250K penalty against the resort was warranted.

Licensees have a long history of complying and granting Board agents immediate access to all portions of the premises. The Board views the Grand Sierra Resort’s violation seriously and maintains that licensees and their employees understand that any Board agent be given immediate access to any portion of the premises of the gaming establishment after they display their credentials,” Somps said.

The Meruelo Group, the parent owner of the Grand Sierra Resort controlled by billionaire Alex Meruelo, didn’t contest the fine in agreeing to settle the complaint.

The $250K fine comes just days after Meruelo’s Grand Sierra donated $15K to both the Robert Mitchell Elementary School and Vaughn Middle School, both of which are part of the Washoe County School District.

Where the Money Goes 

The NGC and NGCB are responsible for the strict regulation of all persons, locations, practices, and activities associated with the state’s gaming industry. Nevada’s gaming law allows the NGC to impose fines on licensees found to be noncompliant with its regulations.

Fines received by the state gaming agency are directed to the Nevada General Fund. The $250K fine against Grand Sierra slightly offsets another decision made on Monday that determined that Nevada Restaurant Services Inc., the parent of Dotty’s gaming taverns, was owed a $3 million tax refund.

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Dotty’s Operator Wins $3 Million Tax Refund from Nevada Regulator

The Nevada Gaming Commission (NGC) unanimously voted in favor of refunding $3.12 million in overpaid taxes to Nevada Restaurant Services Inc., the operator of the ubiquitous Dotty’s gaming taverns.

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A Dotty’s gaming bar. Operator Nevada Restaurant Services is getting a couple of big tax refunds from the state of Nevada. (Image: Las Vegas Review-Journal)

As part of the settlement, privately held Nevada Restaurant Services agreed to forgo claims to $222,744 in interest, which had been building up to the tune of $446 per day. Some members of the NGC had reservations about refunding that cash to the gaming operator because it was late in filing a claim.

The Dotty’s parent is entitled to the refund because it didn’t take advantage of a Nevada gaming tax stipulation that allows operators to deduct certain promotional expenses from gross taxable revenue. Nevada Restaurant Services later figured out it was eligible to deduct.

In addition to Dotty’s, Nevada Restaurant Services runs gaming taverns in Nevada under the Bourbon Street, La Villita, Points! Casino, and Red Dragon brands.

Nevada Owes Dotty’s Parent More Money

The aforementioned $3.12 million isn’t the only refund coming to Nevada Restaurant Services by way of the NGC.

It was also discovered that the gaming bar operator is owed $1.8 million for two years of overpayments. The Dotty’s owner will accept that amount, but will forego rights to interest payments.

The overpayments occurred because NRSI failed to properly deduct wagered cashable electronic promotion amounts from its $46.9 million gross revenue. Under state regulations, companies can deduct specific promotional costs from taxable revenue, which NRSI overlooked,” reports The Las Vegas Review Journal.

There are 120 Dotty’s locations in Nevada, 80 of which are restricted gaming locations, meaning there are 15 gaming machines per venue. Twenty-seven Dotty’s taverns have as many as 40 gaming devices. None of the properties, nor any of the company’s other establishments, have table games.

How Nevada Gaming Promotion Deduction Works

Nevada’s guidelines pertaining to the deduction of select promotional expenditures are relatively straightforward, but there is some onus on operators to be diligent on this front. That includes maintaining solid documentation and performing regular testing of systems that could be applicable in the deduction claiming process.

“At least annually, all computerized player tracking, promotional accounts, promotion and external bonusing slot systems (in-house developed and vendor systems) are reviewed by personnel independent of the individuals that set up or make changes to the system parameters. The review is performed to determine that the configuration parameters are accurate and that the configuration parameters have not been altered without appropriate management authorization (e.g., player tracking system – verify the accuracy of the awarding of points based on the dollar amount wagered),” according to the Nevada Gaming Control Board (NGCB).

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Bally’s Selling Asia Digital Gaming Operations

Bally’s (NYSE: BALY) said it is selling its Asian interactive gaming business, which also operates in other markets, to a group comprised of executives from the to-be-divested entity.

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Bally’s on the Atlantic City Boardwalk. The company is selling its Asian interactive unit. (Image: Press of Atlantic City)

Financial terms of the transaction weren’t disclosed, but Bally’s noted the sale will be “neutral” to its earnings before interest, taxes, depreciation, and amortization (EBITDA). The regional casino operator announced the deal in a Form 8-K filing with the Securities and Exchange Commission (SEC) earlier today.

The financial impact of the transaction is not expected to be material to Adjusted EBITDA or free cash flow of the Company,” said Bally’s in the regulatory document. “Going forward, the financial statements of the Company will only reflect licensing and royalty revenues received from the Buyer, which are expected to be lower than revenues under the current accounting treatment, but the profitability margins associated with those licensing revenues are expected to be higher as is customary in the gaming industry for IP license business models. The expected modest decline in Adjusted EBITDA and free cash flow resulting from the transaction are expected to be mitigated by cost actions to simplify Bally’s organizational structure and other cost reductions.”

The seller added the divestment of its Asian digital operations will allow it direct focus and resources to comparable operations in Europe and North America.

Bally’s Was Previously Bullish on Asia

When examining Bally’s online gaming business, the UK segment stands out as the clear leader with the aforementioned Asia unit being a laggard relative to the UK and North America.

Following the company’s second-quarter earnings report in August, CEO Robeson Reeves highlighted strength in the UK digital operations while acknowledging some issues in Asia, but he was optimistic a turnaround in Asia was possible.

“Outside the UK, our business in Asia was challenged in the quarter as we continue to work through several logistical and operational hurdles which directly impacted players,” he said on a conference call with analysts. “We believe the Asian Interactive market remains an attractive opportunity and we will continue to work to manage and grow our position in this important region.”

Rhode Island-based Bally’s delivers third-quarter results on Wednesday, Nov. 6. It’s possible that at that time, the company will provide more color on the Asia sale.

Asia Sale Could Help Renew Focus

Standard General — the hedge fund that’s Bally’s largest shareholder — is in the process of acquiring the casino operator. It’s not clear if the buyer prompted the sale of the Asian interactive business, but with that combination looming, now would be an opportune time to shed underperforming assets.

Additionally, the sale of the Asian business could pave the way for the seller to focus on important land-based projects, including construction of its permanent casino hotel in Chicago and a new integrated resort at the former site of the Tropicana on the Las Vegas Strip.

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Caesars Unloading LINQ Promenade for $275 Million

Caesars Entertainment (NASDAQ: CZR) announced that it is selling the LINQ Promenade on the Las Vegas Strip for $275 million as part of the gaming company’s ongoing debt reduction efforts.

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Caesars’ LINQ Promenade in Las Vegas. The company is selling the venue for $275 million. (Image: Vegas Means Business)

A joint partnership comprised of TPG Real Estate and Acadia Realty Trust investment management platform is acquiring the collection of retail and boutiques located near the Caesars-operated LINQ Hotel. That casino resort is not part of the transaction, which is slated to close in the current quarter.

The sale of the LINQ Promenade represents an accretive, non-core asset sale that will accelerate our debt reduction goals. I want to thank all the team members and the tenants of the LINQ Promenade for their partnership over the last 10 years and wish them continued success,” said Caesars CEO Tom Reeg in a statement.

LINQ Promenade occupants include O’Sheas Pub Las Vegas, I Love Sugar, Virgil’s Real BBQ, and the Tilted Kilt Pub, among others.

Caesars LINQ Sale Not Surprising

Last month, Casino.org was the first outlet to highlight an analyst report noting Caesars could opt to sell LINQ Promenade as part of its broader capital-raising efforts, indicating today’s news wasn’t surprising, particularly when accounting for the promenade’s status as a non-gaming asset.

The transaction also jibes with comments made earlier this year by Reeg who said the gaming company would explore the sale of “non-core” assets. At that time, the chief executive officer did not elaborate on how such transactions could unfold, but in the months since, Caesars has made good on that talk.

In August, Caesars announced the sale of the intellectual property rights associated with the World Series of Poker (WSOP) to investment firm NSUS Group Inc. for $500 million. That transaction is now finalized with the seller announcing today that it received the initial $250 million payment from the buyer. The remainder is due in five years.

“Caesars retains the right from NSUS to host the flagship WSOP live tournament series at its Las Vegas casinos for the next 20 years and will receive a license from NSUS to continue operating its recently upgraded WSOP Online real-money poker business in Nevada, New Jersey, Michigan, and Pennsylvania for the foreseeable future but will otherwise be restricted from operating online peer-to-peer real-money poker operations for a specified period of time and subject to certain exceptions,” said Caesars in a separate statement.

LINQ Sale Matters to Debt-Cutting Plan

The influx of $250 million from the WSOP sale and another $275 million via the LINQ Promenade deal that should arrive before the end of the year means Caesars is bringing in more than $500 million via those two transactions.

That’s important because while the casino giant has been diligent in its debt reduction efforts, its total outstanding liabilities stood at $12.69 billion at the end of the third quarter, up from $12.43 billion at the end of last year.

That’s likely the result of the operator’s capital spending cycle, which is now at its end. Caesars had $802 million in cash on hand and $124 million in restricted cash at the end of September.

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Oakland A’s Mulling Stake Sale at $2B Valuation

Ahead of the team’s move to Las Vegas, the soon-to-be former Oakland Athletics (A’s) are rumored to be considering the sale of a minority interest in the franchise.

Oakland A's
The exterior of the Oakland Coliseum. Athletics owner John Fisher is reportedly considering selling 25% of the team before its move to Las Vegas. (Image: Complex)

Unidentified sources familiar with the matter told The New York Post that owner John Fisher is looking to sell as much as 25% of the team for $500 million, implying the Major League Baseball (MLB) club is worth $2 billion. That’s significantly higher than the $1.2 billion Forbes said the team was worth before the start of the current season. At $1 billion, only the Miami Marlins were worth less than the A’s.

The rumor surfaced a week after the team and Bally’s released renderings for a stadium and casino hotel project at the site formerly occupied by the Tropicana on the Las Vegas Strip. The $1.5 billion ballpark will occupy nine of the property’s 35 acres and construction is slated to start in the second quarter of 2025.

The A’s will play in Sacramento for the 2025 through 2027 seasons, with 2028 expected to be the club’s first in Las Vegas.

A’s Stake Sale Prices in Vegas Move

If the speculation that Fisher is trying to sell a 25% interest in the A’s at a $2 billion valuation proves accurate, he’s attempting to leverage the team’s move to Las Vegas. Essentially, he’s hoping potential investors will agree that the team’s value will increase upon moving to Sin City.

There is some precedent for the Oakland-to-Las Vegas move being a value creator for professional teams. In 2019 — the NFL team’s last in Oakland — the Raiders were valued at $2.9 billion, good for the 12th spot among the league’s 32 teams. That valuation has since surged to $6.7 billion, placing the Raiders sixth in the NFL. Last year, the Raiders generated $780 million in revenue, the third-highest tally in the league.

Raiders owner Mark Davis has capitalized on the team’s soaring value, recently selling a 5% stake to legendary quarterback Tom Brady at an estimated price tag of $335 million.

As The Post reported, potential sales of the Chicago White Sox and the Minnesota Twins — both of which could command up to $2 billion — could affect Fisher’s efforts to monetize a portion of the A’s.

$500M an Interesting Figure

It’s not yet clear if the following factors are related, but the dots are easy to connect. Fisher is reportedly attempting to sell up to $500 million worth of his baseball team, and that is the amount the club needs to finalize its $1.1 billion Las Vegas stadium financing obligation.

Gaming and Leisure Properties, which owns the property on which the stadium will reside, has committed to providing some financing for the project.

From where Bally’s will obtain capital to build a new integrated resort next to the stadium isn’t yet clear. The regional casino operator is focusing on completing its permanent Chicago venue, but has been consistent in its messaging regarding a desire to maintain a long-term presence in Las Vegas.

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CFTC Promises Scrutiny of Election Wagering Sites

The Commodities and Futures Trading Commission (CFTC) is pledging to diligently monitor platforms offering financial contracts tied to political outcomes as Election Day nears.

CFTC political betting wagering election odds
The headquarters of the US Commodity Futures Trading Commission in Washington, DC. The commission is promising to police election betting markets. (Image: Shutterstock)

The commission, which is engaged in a lengthy legal spat with financial exchange and prediction platform Kalshi, views itself as the sheriff in a wagering arena it considers to be the Wild West. Speaking from the Bloomberg Global Regulatory Forum in New York on Tuesday, Chairman Rostin Behnam told Bloomberg Television he sees the CFTC as an “elections cop.”

We’ll pursue any action, as we do in any part of our markets,” he told the news outlet.

Behnam’s comments arrived a week after a federal appeals court in Washington DC fast-tracked a complaint by the commission seeking to block Kalshi from offering bets on US elections.

CFTC Already Polices Kalshi

Benham didn’t get into specifics regarding how the CFTC will step up its law enforcement-esque efforts pertaining to election markets, but the commission is already the regulator to which Kalshi and rival PredicIt answer.

The reason for the CFTC holding regulatory sway over those companies is simple. Unlike a traditional sportsbook operator that books bets based directly on an event, Kalshi and PredicIt allow clients to purchase what are akin to futures contracts. Futures are considered derivatives and the CFTC is the regulator for those assets.

Regulated US sportsbooks are prohibited from booking bets on elections. However, Kalshi and PredicIt aren’t flouting US laws. The use of derivatives helps, as does the fact these platforms and others like them aren’t election-only betting venues.

For example, Kalshi clients can currently use the site to “bet” on economic data, stock index moves, and even pop culture events such as award shows. The site even offers a slew of bets related to Taylor Swift.

CFTC Policing Efforts Could Be Difficult

The extent to which the CFTC can monitor election-related betting could hinge on a court ruling that may or may not be happening prior to Election Day on November 5. Additionally, activity on Kalshi and PredicIt is likely to increase as Election Day draws closer and could continue swelling if various results aren’t known on election night. Such a volume uptick would be a natural response by participants in those markets, not an implication of something nefarious.

In some circles, there are concerns about unregulated election wagering offerings, such as Polymarket. That crypto-based exchange has seen a surge in new account openings due to this being a presidential election year. Like its regulated rivals, Polymarket offers an expansive menu of wagering options, not just political bets.

Some critics speculate that foreign money piling into election betting markets could color US voters’ opinions of the presidential race. As of this writing, Kalshi shows former President Donald Trump (R) with a 60% chance of winning, or a 20-point lead over Vice President Kamala Harris (D).

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Golden Entertainment Could Mull Sale-Leaseback on Unidentified Casino

Golden Entertainment (NASDAQ: GDEN) could consider selling and leasing back one of its casinos as an avenue for raising cash.

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Golden Entertainment’s Strat Las Vegas. An analyst says the operator could engage in a sale-leaseback on one of its casinos. (Image: OnTheStrip.com)

Deutsche Bank analyst Carlo Santarelli put forth that theory in a new report to clients, noting there’s “rising probability” that Golden engages in a sale-leaseback on one of its casinos. The analyst did not speculate as to which gaming venue Golden could consider selling. Currently, the Las Vegas-based gaming company owns all of the real estate on which its eight casino hotels reside. Three of those venues are located in Las Vegas with another trio in Pahrump, Nevada and two more in Laughlin.

In terms of property value, The Strat is undoubtedly Golden venue that would fetch the highest price in a sale and likely be the one of most interest to a buyer. That casino resort isn’t officially on the Las Vegas Strip, but it’s close.

Santarelli didn’t speculate on a timeline for such a deal materializing nor did he hypothesize as to what company could be Golden’s real estate partner on a sale-leaseback. The operator reports third-quarter earnings on Nov. 7 and it’s possible the rumor is addressed at that time.

Selling Casino Could Boost Golden Shares

Amid investor concern that persistent inflation and high interest rates are weighing on the lower end of Golden’s casino customer base and its tavern business, the stock has struggled mightily this year, shedding nearly 23% while the Russell 2000 Index is higher by 12.43%.

Of late, analysts’ earnings and revenue revisions on Golden have been largely bearish, adding pressure on the stock and potentially fanning the flames of speculation regarding a transaction that could renew the bull case.

We believe our updated forecasts account for what we expect to be relatively stable trends in the key segments, adjusted for seasonality, which include a moderation of same-store top-line declines as we move into the fourth quarter,” Santarelli observed. “That said, we acknowledge that the Golden story of late has been one of predominantly negative estimate revisions, which in our view has likely led to more speculation around strategic action.”

The analyst lowered his earnings forecast on Golden, but reiterated a “buy” rating on the stock. He added that the depressed valuation on the shares could increase the probability of the operator seeking a transaction that creates value for investors.

How Casino Sale Could Affect Golden

Without knowing the property Golden would sell, cap rates and tax implications, modeling for the financial impact to the operator is difficult, but Santarelli gave it a go. He said in a sale-leaseback, Golden would absorb $87 million in annual rent costs and have $130 million in cash, including proceeds from the deal, by the end of next year.

It can be argued that $87 million in rent assumes either The Strat is the venue Golden will sell or that the operator could engage in sale-leasebacks on multiple properties.

Golden could also consider finally making a decision on the Colorado Belle in Laughlin, which has been closed since 2020. Rumors abound regarding the fate of that property, but the operator hasn’t made any public announcements about its plans for it.

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Sports Betting M&A to Be Driven by New Products, Tech, Says Expert

Mergers and acquisitions activity in the North American sports betting industry has been brisk this year with operators making buys to add technology and exposure to new arenas.

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The famous charging bull on Wall Street. Investment bankers could be busy with sports betting mergers and acquisitions in 2025. (Image: Reuters)

At least one expert believes a similar cadence will play out in 2025 as online sportsbook companies look to bolster customer acquisition and retention tools and tech stacks while forging further into new growth frontiers, such as internet lottery. As one example of that theme, DraftKings (NASDAQ: DKNG) said in February it paid $750 million for lottery provider Jackpocket.

We expect betting operators to display a similar mix of M&A motivations in the next 12 months with interest in five key areas,” said Chris Grove, partner emeritus at Eilers & Krejcik Gaming (EKG), at the Global Gaming Expo (G2E) earlier this week. “We might see interest in customer relationship management tech and other back-office capabilities. Free-to-play games designed to feed acquisition funnels are another category to watch.”

He added that there’s unlikely to be much movement in 2025 in terms of sports betting/media combinations because prior deals haven’t delivered for buyers.

Parlays Could Drive Sports Betting M&A

The need for operators to deepen and improve their parlay offerings, particularly those of the same-game and in-game variety, could be another catalyst that drives 2025 consolidation.

“Anything that allows an operator to price better, especially for parlays, will be of interest. Despite the rash of recent acquisitions, there’s still plenty in the market (GiG, Huddle, Kambi, Kero, nVenue, Swish),” added Grove.

There’s been evidence of such moves this year, including DraftKings’ August announcement of its purchase of Simplbet. Other operators are seen as needing to strengthen parlay menus, indicating related deal-making could be at play in 2025.

Grove also pointed out that iGaming could be fertile territory for acquisitions next year, but buyers are more apt to consider adding technology providers rather than purchasing direct rivals in the name of adding market share.

Compliance, Payments Could Also Spark M&A

Compliance and regulatory issues, including cybersecurity and geolocation, are facts of life for online sportsbook operators and pricey ones at that. Reduction of those costs could compel gaming companies to pursue related acquisitions, but EKG’s Grove noted “economics can be tricky.”

As for payments, operators would undoubtedly like to realize cost savings on that front and they could use consolidation to accomplish that objective, but that theme is likely further out than 2025.

“It’s a massive cost center and a critical part of the user experience, but it’s also a logistical and liability nightmare in the US,” concluded Grove. “FanDuel, for instance, spends 6% of NGR on payment costs. We believe the in-housing of some part of the payments stack — maybe even most of it — is all but inevitable, but we are bearish about any of that happening in the short term.”

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IRS Cracks Down on $13B in Unreported Gambling Winnings

After an audit revealed that Uncle Sam may have let more than $1 billion in income tax on recent casino jackpots go uncollected, the IRS is cracking down on the oversight. And one of Las Vegas’ most recognizable casino gamblers finds himself in the crackdown’s crosshairs.

The IRS form W-2G is issued for every slot jackpot of $1,200 or more or every Keno win of $1,500 or more. (Image: Casino.org)

The news was delivered by this Sept. 30 report from the independent IRS watchdog group Treasury Inspector General for Tax Administration (TIGTA). It found that 148,908 Americans with gambling winnings exceeding $15,000 failed to file tax returns between 2018 and 2020.

Their winnings exceeded $13.2 billion dollars, making the unpaid taxes just north of $1.4 billion.

TIGTA analyzed the W-2G forms generated by casinos when gamblers hit slot jackpots of $1,200 or more or Keno wins of $1,500 or more. Its report noted that 103,000 of these delinquent winners were never issued notices or faced with efforts to bring them into compliance.

In a response to the report, the IRS wrote, “We agree with the recommendation,” vowing to begin enforcement actions.

The Internal Revenue Code states that gains from gambling are fully taxable and must be reported as income by individual taxpayers. Gambling losses may be deducted for filers itemizing up to the amount of their winnings. 

Other Findings

Among the TIGTA report’s other concerns were hundreds of W-2Gs that were filed by casinos without the required taxpayer identification numbers. This makes it extremely difficult for the IRS to trace the winnings to its recipients.

Also, the watchdog group noted, the IRS has too few processes in place to identify noncompliance with excise taxes by gambling operators, particularly in the rapidly growing online sports-betting market.

The IRS also agreed with the latter recommendation. However, it disputed the significance of the W-2Gs without taxpayer IDs, since the number was small.

“While this population may not be large in absolute terms, we believe that the amount of backup withholding that should have been withheld is significant,” TIGTA responded.

Code Adjustments

Form W-2G’s Summary of Withholding Requirements doesn’t currently single out earnings from sports gambling or iGaming. Sports betting is among the fastest-growing sectors of the U.S. gaming industry, with retail and/or online sportsbooks regulated in 38 states and Washington, D.C.

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(Image: IRS.gov)

The IRS has obliged to specifically inform taxpayers of their filing requirements for sports betting and online casino gambling winnings.

“Form W-2G has not evolved with the growth of the gambling industry,” TIGTA’s report read. “For example, the wager codes on Form W-2G include only nine specific types of gambling activities, which do not include a wager code for sports betting. If there was a wager code specifically for sports betting, the IRS could use this information to identify potential non-filers and under-reporters.”

The Treasury estimates that U.S. taxpayers underpaid their federal taxes by $688 billion in 2021, with non-filers responsible for 11% of the unreceived funds. The IRS’ Failure to File penalty is 5% of the unpaid taxes for each month or part of a month that a tax return is late. The maximum penalty is 25% of the unpaid tax.

The IRS typically reserves criminal prosecution for exceptional cases where massive fraud and tax evasion evidence is rampant.

Vital Error

Scott Roeben, founder of Casino.org’s own Vital Vegas blog. (Image: Scott Roeben/Vital Vegas)

Last month, Scott Roeben, founder of Casino.org’s own Vital Vegas, received an IRS audit letter regarding taxes on $100,000 in unreported W-2G income in 2022.

The letter gave him 30 days to respond with specific four-year-old documentation or “further steps” would ensue.

The only problem, Roeben says, is that he filed his 2022 tax return on time, with all gambling income reported.

“I filed everything properly,” he said. “I just had a large number of jackpots, so that triggered the audit, presumably.”

Roeben called the IRS’s campaign “selective persecution of casino patrons because of the stigma attached to gambling,” adding that it demonstrates “how out of touch the IRS is with the reality of gambling.”

“This is making people jump through hoops, spend money on tax professionals to help with their audits and reconsider a pursuit they enjoy,” he says, adding that, even in the case of tax cheats, “jackpots are far from the entire picture when it comes to gambling.

“It’s like saying passengers of the Titanic had an absolute blast for 2,070 miles.”

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