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West Virginia iGaming Licence

What is the West Virginia iGaming licence?

A West Virginia iGaming licence, known formally as an interactive wagering licence, is the approval that lets a company offer legal online casino games to players in West Virginia. First, the West Virginia Lottery Commission regulates the market and issues the licences. Then each online brand runs under one of the state licensed gaming facilities.

West Virginia legalised online casino gaming through the West Virginia Lottery Interactive Wagering Act in 2019, and the market launched on 15 July 2020. Since then, it has grown into a steady, well-defined market.

In practice, the interactive wagering licence sits with an existing casino, and commercial brands take part alongside it. As a result, a company entering West Virginia works through a casino partner and holds its own licence for the role it performs.

Who can hold a West Virginia iGaming licence?

To hold an interactive wagering licence, an applicant must already hold a valid racetrack video lottery licence or a licence to operate a gaming facility in the state. Because of that, the Lottery Commission may issue up to five interactive wagering licences in total.

Usefully, the model still leaves room for brands. Each licensed facility may partner with up to three online casino providers, commonly called skins, so the state has legal capacity for up to fifteen online casinos.

Therefore, a commercial brand enters as a skin partner of a licensed facility, and it holds a management services provider licence if it runs day-to-day operations. Meanwhile, players must be 21 or older and physically located in West Virginia. If you are planning to enter, book a free consultation and our team will map the partner route and licences you need.

Types of Licences

West Virginia iGaming licence types

West Virginia sets out separate licences according to the role a company performs.

Interactive wagering licence

First, this is the licence that authorises online casino gaming, and it is held by a licensed gaming facility. Notably, the licence runs for a five-year term.

Management services provider licence

Next, if a licensed operator contracts a third party to run day-to-day interactive wagering operations, that third party holds a management services provider licence. For most commercial brands operating a skin, this is the relevant licence.

Supplier licence

In addition, any company that sells or leases software, technology, or gaming devices to a licensed facility holds a supplier licence. This is the route for game studios and platform technology vendors.

Occupational licences

Finally, individual employees involved in gaming activities hold occupational licences, which include fingerprinting and federal background checks.

Licensing Requirements

West Virginia iGaming licence requirements

To begin, the Lottery Commission examines ownership, finances, and the people behind an applicant in detail. Several requirements deserve early attention.

Ownership transparency and financial vetting

The state requires identification of every stockholder, director, executive, and key employee with decision-making power. Furthermore, the financial review covers tax records, bank statements, unresolved bankruptcies, and the source of operating funds, so that ownership is fully visible.

Employee licensing and background checks

Every employee involved in gaming activities holds an occupational licence. In addition, fingerprinting and federal background checks apply, and applicants should disclose their full legal history, because omitting a past record leads to disqualification.

Federal anti-money laundering and tax reporting

Beyond state rules, operators maintain a written federal anti-money laundering programme. Specifically, that includes currency transaction reports for transactions above $10,000 and suspicious activity reports within 30 days for questionable transactions of $5,000 or more. Moreover, operators handle federal tax reporting on Form W-2G, together with the standard 24% withholding on qualifying payouts.

Bonds, audits, and commission facilities

An interactive wagering licensee also executes a state-approved surety bond and submits annual financial audits prepared by a certified public accountant. In addition, the licensee provides suitable office space at the wagering facility, free of cost, so the commission can carry out its duties.

Player age and location

Operators verify that players are 21 or older, and geolocation confirms that each player is physically present in West Virginia when wagering.

Company Requirements

West Virginia iGaming licence cost and tax

To start, the fee depends on the role a company performs.

LicenceFees
Interactive wagering licence$250,000 nonrefundable application, 5-year term, $100,000 per 5-year renewal
Management services provider licence$100,000 application, $100,000 annual renewal
Supplier licence$10,000 application, $10,000 annual renewal
Occupational licence$100 application, $100 annual renewal
Minimum player age21

Interactive wagering tax

In addition, West Virginia applies a privilege tax of 15% on adjusted gross interactive wagering receipts. Because the rate is flat, modelling is more straightforward than in markets that use tiered rates.

Revenue-share affiliates need a licence

One point is easy to miss during planning. Any entity or individual that shares in interactive wagering revenue, including marketing affiliates on a revenue-share agreement, must be licensed under the management services provider provisions. Consequently, that carries the $100,000 application fee and the $100,000 annual renewal, so affiliate programmes should be structured with this in mind from the start.

Wider cost of entering the market

Beyond fees and tax, budget for incorporation, the compliance function, platform and certification work, legal support, the surety bond, annual audits, and the commercial terms agreed with the casino partner.

Benefits

Why operators enter West Virginia

The West Virginia market in numbers

West Virginia runs a steady regulated online casino market. Specifically, through March 2024 the state online casinos had generated about $388 million in revenue for operators, which produced roughly $58 million in tax revenue for the state. In addition, the market has expanded consistently since it launched in July 2020.

What a West Virginia licence gives you

For a commercial brand, a partnership with a licensed facility opens a clearly structured market. In particular, it offers:

  • Legal access to a regulated player base
  • Room for up to three branded skins per licensed facility
  • A flat 15% tax rate, which simplifies financial modelling
  • Defined licence categories for operators, management services providers, and suppliers
  • Access to mainstream payment providers and banking that support a fully regulated operation

Get started in West Virginia

DD Consultus supports operators, platform providers, and suppliers through the full West Virginia process, including licence applications, ownership and disclosure preparation, compliance and anti-money laundering readiness, and the agreement with the casino partner. To begin, book a free consultation, or contact contact@licencegaming.com or +356 99408536.

Denitza Dimitrova, Managing Partner

Reviewed by Denitza Dimitrova, Managing Partner. Former Manager for Legal and Enforcement at the Malta Gaming Authority. About the team

Frequently Asked Questions

Common questions about the West Virginia iGaming licence.

Who can hold a West Virginia interactive wagering licence?

An applicant must already hold a valid racetrack video lottery licence or a licence to operate a gaming facility in the state. The Lottery Commission may issue up to five interactive wagering licences.

How many online casinos can operate in West Virginia?

Each licensed facility may partner with up to three online casino providers, so the state has legal capacity for up to fifteen online casinos.

How much does a West Virginia iGaming licence cost?

The interactive wagering licence is $250,000 to apply, runs for five years, and costs $100,000 per renewal. A management services provider licence is $100,000 to apply with a $100,000 annual renewal, and a supplier licence is $10,000 with a $10,000 annual renewal.

Do marketing affiliates need a licence in West Virginia?

Yes. Any party that shares in interactive wagering revenue, including revenue-share affiliates, must be licensed under the management services provider provisions, which carries the $100,000 fee.

What is the tax rate on iGaming in West Virginia?

A privilege tax of 15% applies to adjusted gross interactive wagering receipts.

What is the minimum age to gamble online in West Virginia?

Players must be 21 or older, and geolocation confirms they are physically present in West Virginia when wagering.