Title: Sports Betting Regulation in Brazil: New Rules and Implications
Introduction:
Sports betting in Brazil has been awaiting regulation since 2018, and at the end of July, new rules were finally implemented. The government issued Provisional Measure (MP) 1,182, which outlines the framework for sports betting operations in the country. Under the new regulations, electronic betting houses will be required to pay 18% in taxes, which will contribute towards education, security, sports projects, and a subsidy to operate legally. Additionally, bettors will be subjected to a 30% income tax on the portion of their winnings that exceeds the exemption range. This article delves into the details of the regulations, the distribution of taxes, potential revenue estimates, prohibited groups, and the consequences for non-compliance.
Understanding the New Taxation Framework:
Betting Book Fees:
Sports betting companies, also known as gambling houses, will be liable to pay an 18% tax on their gross gaming revenue (GGR). The GGR is calculated as the turnover of bets minus the prizes paid out to winners and the income tax deducted from such prizes. Initially, the tax rate was set at 16%, but it was increased by two percentage points to allocate a larger share of the revenue to the Ministry of Sport, from 1% to 3%. In addition to the new tax, betting houses will continue to pay other standard taxes applicable to businesses, such as Corporate Tax (IRPJ), Social Contribution on Net Profit (CSLL), Social Integration Program (PIS), and Contribution to the Financing of Social Security (Cofins).
Distribution of Taxes:
The new 18% tax will be divided into various categories as follows:
– 10% for social security
– 3% for the Ministry of Sport
– 2.55% for the National Public Security Fund
– 1.63% for clubs and professional athletes associated with the betting industry
– 0.82% for basic education
Income Tax on Prizes:
Winners of sports bets will be subject to a 30% income tax on the portion of their winnings that exceeds the exemption range, currently set at R$2,112. The income tax will be deducted at source.
Revenue Estimates and Funding:
According to the Ministry of Finance, the regulation of sports betting is projected to generate up to R$2 billion by the next year, using conservative estimates. However, this figure may increase to a range between R$6 billion and R$12 billion in the coming years. The funds generated will contribute towards various sectors, such as education, security, and sports projects.
Operational Aspects and Prohibited Groups:
Forgotten Prizes:
Similar to traditional lotteries, winners of sports bets will have a 90-day period to claim their prizes. If the prizes remain unclaimed after this period, the unclaimed money will be transferred to the Student Financing Fund (Fies) until July 24, 2028. After the specified date, the funds will be transferred directly to the National Treasury.
Betting Bans:
Certain groups of people are prohibited from participating in sports betting activities. These include individuals under the age of 18, betting shop workers, spouses, partners, and second-degree relatives of bookmaker workers, individuals with access to sports betting systems, coaches, athletes, referees, sports officials, and those associated with the objects of the bets. Additionally, individuals with credit restrictions and public agents involved in the supervision of the betting sector are also not allowed to place sports bets.
Operational Permits and Distribution Channels:
To operate legally, only qualified betting companies will be permitted to engage in bets related to official sporting events. These companies must pay a subsidy or license fee to the government, the amount of which will be determined by the Ministry of Finance. The regulations do not impose any limits on the number of concessions, allowing both national and foreign companies to qualify. Additionally, bookmakers can use any distribution channel, whether physical establishments or virtual means, as long as they adhere to the regulations set by the Ministry of Finance.
Infractions, Sanctions, and Consequences:
Companies and individuals that fail to comply with the rules and regulations of the sports betting industry may face various penalties and sanctions. The punishments can range from warnings and fines to partial or total suspension of activities, revocation of licenses, and prohibitions on applying for new permits or participating in public service concessions or permit tenders.
Conclusion:
The regulation of sports betting in Brazil has finally come into effect with the issuance of Provisional Measure 1,182. The new rules outline taxation rates, distribution of taxes, operational permits, and prohibited groups. The estimated revenue from the regulation is significant, with the potential to reach billions in the coming years. Adherence to the regulations is critical, as non-compliance may result in severe consequences for both companies and individuals involved. Overall, the regulation seeks to foster a transparent and responsible sports betting environment while contributing to the development of education, security, and sports projects in Brazil.
Summary:
The sports betting industry in Brazil has recently undergone regulatory changes through Provisional Measure 1,182. This measure introduces an 18% tax on betting houses’ gross gaming revenue, with the revenue contributing to education, security, sports projects, and operating subsidies. Bettors will also be required to pay a 30% income tax on their winnings exceeding the exemption range. Revenue estimates from the regulation range from R$2 billion to R$12 billion. Additionally, the regulations outline prohibited groups, including individuals under 18 and those involved in the betting industry. Non-compliance with the regulations may result in sanctions and penalties for both companies and individuals.
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Awaiting regulation since 2018, sports betting has obeyed new rules since the end of July. On the 25th, the government issued Provisional Measure (MP) 1,182.
Electronic betting houses will pay 18% in taxes, which will finance education, security and sports projects, and a subsidy to be able to operate legally. The bettor will pay 30% of the Income Tax on the portion of the prizes that exceeds the exemption range.
Sports betting in Brazil obeys a law enacted in December 2018, which never formally entered into force because it is not regulated.
In theory, the regulation could occur through a decree of the President of the Republic or an ordinance of the Ministry of Finance. The government, however, decided to issue a provisional measure because the new taxation requires changes to the 2018 law.
The original law provided for a tax of 11% for virtual betting houses and 20% for physical establishments. The MP established a single rate of 18%, regardless of the channel the bookmaker uses. The MP is in force, but it needs to be approved by the National Congress within 120 days of its publication so that it does not lose validity. Review the changes:
Betting Book Fees
Also known as gambling, sports betting companies will pay 18% tax on gross gaming revenue (GGR, gross gaming revenue, in English). The GGR is defined as the turnover of the bets minus the prizes paid to the winners and the Income Tax deducted from the prizes.
Originally, the tax would have been 16%, but the rate increased by two percentage points because the government decided to increase the share distributed to the Ministry of Sport from 1% to 3%.
On the remaining 82%, the bookmakers will continue to pay the taxes applied to other companies, such as the Corporate Tax (IRPJ), the Social Contribution on Net Profit (CSLL), the Social Integration Program (PIS) and the Contribution to the Financing of the Social Security (Cofins). ).
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Sharing the new tax
The new 18% tax will be distributed as follows:
- 10% for social security;
- 3% for the Ministry of Sport;
- 2.55% for the National Public Security Fund;
- 1.63% for clubs and professional athletes with symbols and names linked to betting;
- 0.82% for basic education.
award tax
The prizes received by the winners of the bets will pay 30% Income Tax on what exceeds the exemption range, currently at R$ 2,112. Withholding will be made at source.
income estimate
According to the Ministry of Finance, the government should collect up to R$ 2 billion next year with the regulation of sports betting, in the most conservative estimates. In the coming years, the projection may rise to a range between R$ 6 billion and R$ 12 billion.
forgotten prizes
As in traditional lotteries, the winners will have up to 90 days from the announcement of the result of the bet to withdraw the prize. After this period, the forgotten money will be transferred to the Student Financing Fund (Fies) until July 24, 2028. After that date, the resources will be transferred directly to the National Treasury.
betting bans
The following groups of people are not allowed to place sports bets:
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- Under 18 Years of Age;
- betting shop workers;
- spouses, partners and second-degree relatives of bookmaker workers;
- with access to sports betting systems;
- coaches, athletes, referees, sports officials and other people related to the objects of the bets;
- denied on credit restriction records;
- public agents that act in the supervision of the betting sector.
subsidies
Only qualified bets will be able to operate bets related to official sporting events, upon payment of a subsidy (license) to the government. The amount to be collected will be established in another regulation that will be published by the Ministry of Finance, which will be in charge of the inspection.
The MP does not establish a limit for the number of concessions and allows the qualification of both national and foreign companies.
distribution channels
Once authorized to operate, bookmakers may use any commercial distribution channel. Either in physical establishments or virtual means, as long as they comply with the regulations of the Ministry of Finance.
infractions
Among the punishable offenses are:
- exploitation of bets without authorization from the Ministry of Finance;
- activities prohibited or not provided for in the license granted;
- advertising of companies not authorized to operate in Brazil;
- impediments and difficulties to government oversight;
- practices contrary to the integrity of the sport, the results or the transparency of the rules.
punishments
Companies that fail to comply with the rules may suffer the following sanctions:
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- warning;
- fine from 0.1% to 20% on the collection, limited to R$ 2 billion per infraction;
- partial or total suspension of activities for up to 180 days;
- revocation of the license to operate in Brazil;
- prohibition to apply for new permits for up to ten years;
- prohibition to participate in public service concession or permit tenders, in the federal public administration, directly or indirectly, for at least five years.
Gamblers or people outside the companies that commit infractions:
- fine from R$ 50,000 to R$ 2 billion per infraction.
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