Welcome by Conference Chair. Andrew Gellatly Head of Global Research, GamblingCompliance

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2 Welcome by Conference Chair Andrew Gellatly Head of Global Research, GamblingCompliance

3 About GamblingCompliance GamblingCompliance is the leading provider of business intelligence to the global gambling industry, specializing in high level and independent news, analysis, data, elearning and bespoke research. Through our research and advisory work we help governments, operators, and investors confront regulatory and public policy challenges at state, national and international levels. From London, Washington DC and Taipei, GamblingCompliance provides an independent listening post, monitoring and evaluating legislative developments in gambling around the world.

4 Governmental Policy Development Projects. European Commission- Study on the Role of the Regulators in Online Gambling A comprehensive description of the national rules and practices for the authorisation and licensing of online gambling operators, the supervision of authorised online gambling services and the enforcement of national rules against unauthorised online gambling services. Dutch Government - Modernisation of Games of Chance of Ahead of the issuance of a limited number of new casino licenses in 2017, the Dutch Ministry of Justice has engaged Gambling Compliance to help with its policy development through a survey land-based and online gambling regulations across selected European jurisdictions. 3

5 Portugal and Spain Portugal Influence of land based industry strong Turnover tax on betting/ggr tax on casino. Spain Influence of land-based industry strong GGR tax on all online products Blackout period ahead of licensing - continuous licensing Website blocking provided for-no payment blocking Sports catalogue restricted No blackout period ( except Sportingbet) licensing windows Website blocking provided for. Payment blocking provided for in legislation but not used. Sports catalogue now being phased out.

6 Turnover Tax would Make Portugal an Outlier

7 How has Spain s online market developed?

8 Spain s online wagering trends

9 How has Spain s online casino market developed?

10 Contact: Andrew Gellatly Head of Global Research T: +44 (0) E: About GamblingCompliance: GamblingCompliance is the leading provider of business intelligence to the global gambling industry, specializing in high level and independent news, analysis, data, elearning and bespoke research.

11 The New Online Gambling Regulation in Portugal Teresa Monteiro Vice-President of Turismo de Portugal

12 I BACKGROUND Technological developments, along with the appearance of the Internet, brought significant changes to gambling operations and gambling itself Online gambling made its appearance, but there was no provision for this activity in Portuguese legislation

13 I BACKGROUND (Cont.) The existence of an unregulated market considering the various phenomena associated caused a deep impact on Portuguese society: o gamblers were entirely unprotected, particularly minors and more vulnerable persons o the possibility of gambling addiction

14 I BACKGROUND (Cont.) o the absence of monitoring and combating of any fraudulent activities and money laundering activities, carried out through gambling operations and online gambling o the pursuit of a business activity not liable to tax and with serious consequences for the national economy, contributing to increased activity in the parallel economy

15 II FEATURES OF THE PORTUGUESE MODEL The main principles which characterize the legal framework for online gambling in Portugal are: o creation of an open-market regulatory model o granting the right to conduct online gambling and betting operations, under licence o licences can be applied for at any time / no limits to the number of licences issued

16 II FEATURES OF THE PORTUGUESE MODEL (Cont.) o licences are granted for three-year periods, which may be extended o existence of a wide range of online gambling and betting options which may be offered to the players, assuring greater attractiveness for the market: casino games in general, including poker; slot machines; bingo; fixed-odds sports betting; parismutual and fixed-odds horseracing bets

17 II FEATURES OF THE PORTUGUESE MODEL (cont.) o requirements for a responsible gambling policy, to be incorporated by the operators into their online gambling and betting operations o the gambling technical systems of operators wishing to obtain a license shall be duly certified and official approved

18 II FEATURES OF THE PORTUGUESE MODEL (cont.) o an online gambling tax will be levied on online gambling and betting operator s activity and no other form of taxation will be imposed o prizes obtained by gamblers will not be subject to tax o advertising and sponsorship of gambling and betting will be permitted Role of the regulation, monitoring and inspection body

19 II FEATURES OF THE PORTUGUESE MODEL (cont.) The taxation model Taxation varies according to the category of gambling or betting operations Games of chance (includes bingo, poker and slot machines) and paris-mutual horseracing bets - Tax base, GGR (stakes less winnings), 15% rate - When the GGR is greater than 5,000,000, this amount will be taxed progressively up to the maximum 30% - In cases where the operator s revenue only comes from commissions, 15% tax is levied on the commissions

20 II FEATURES OF THE PORTUGUESE MODEL (cont.) The taxation model Fixed-odds bets - The tax base is the bet turnover and the rate levied is 8% - When the bet turnover is greater than 30,000,000, this amount will be taxed progressively up to the maximum 16% - In this case too, when commissions are the operator s only revenue, 15% tax is levied on the commissions Evaluation

21 III OPERATIONALISING THE MODEL FOR ONLINE GAMBLING OPERATIONS AND GAMBLING IN PORTUGAL The legal frame for online gambling in Portugal is in place The secondary legislation has been notified to the EC Some drafts were commented on by the EC and the Portuguese authorities provided the requested clarification. As a result, all the gambling and betting execution regulations, as well as those regarding player registration and accounts, have already been approved

22 III OPERATIONALISING THE MODEL FOR ONLINE GAMBLING OPERATIONS AND GAMBLING IN PORTUGAL (cont.) The draft regulation containing the technical requirements of the gambling technical system was the subject of a detailed opinion of the EC and of some comments. Consequently, a new standstill period began which will end on 7 December next The draft containing the regulation on the rules of execution for fixed-odds sports betting where gamblers play against each other (betting exchange) was also notified to the Commission

23 III OPERATIONALISING THE MODEL FOR ONLINE GAMBLING OPERATIONS AND GAMBLING IN PORTUGAL (Cont.) The standstill period ends on 12 February next The list of entities who can certify technical gambling systems has already been published In 2016 we shall have a fully operational regulated market capable of attracting operators and players

24

25 Impact of the VAT Use and Enjoyment Rule for Marketing and Advertising Services Richard Woolich Head of UK Tax / Chairman of DLA Piper EU VAT Group

26 Context Place of Supply Rules, B2B General Rule: establishment of customer (Article 44 PVD) Effective use and enjoyment (Article 59a PVD) Aim of Rule: to prevent double taxation, non-taxation or distortion of competition No motive required Application of "place of consumption" principle Restrictions on application EU Supplier Non EU established Customer: Effective use EU EU Supplier EU based Customer: Effective Use Outside EU UKG/ December

27 What does it mean? Supplier [Spain] Spanish VAT Operator [Gibraltar] general rule, place of supply Gibraltar place of use and enjoyment Spain other EU member states X outside EU X Supplier charges Spanish VAT UKG/ December

28 Which countries currently affected? Italy Spain Portugal Denmark Sweden UK (2017) UKG/ December

29 Services Marketing/advertising Affiliate services UKG/ December

30 Where does use and enjoyment take place? Athesia Druck Srl Case C-1/08 (2009) Where the advertising material is "disseminated" Case referred to newspapers, magazines, radio, TV, advertising What if the customer sells the services on? Look at use by immediate customer Possible places of use and enjoyment: Where operator based? Where viewers are based? Where operator's infrastructure is based? Danish case (2006): advertising on a webpage aimed at Danish customers. Use of enjoyment in Denmark. Question: Who are you aiming to capture? UKG/ December

31 Structuring issues EU Procurement Company Partnership with Operator UKG/ December

32 Any questions? Richard Woolich Head of UK Tax / Chairman of DLA Piper EU VAT Group December 2015

33 The new Portuguese online gambling tax regime in a constitutional context António Moura Portugal Partner, ABBC

34 The new Portuguese online gambling tax regime in a constitutional context António Moura Portugal 1 December 2015

35 Legal framework and tax objectives Legal framework for online betting (Decree-Law 66/2015 or RJO) Liberal regime (provision of online betting and gambling is not reserved to some entities; availability subject to licensing procedure) Decree-Law 66/2015 contemplates three kinds of online gambling and betting: i) games of chance ii) fixed-odds sports bets iii) horse racing bets, whether fixed-odds or totalisator Taxation of online gambling is seen as regulatory instrument, following the logic set for land based games of chance (preamble of RJO) 1 december 2015, The new Portuguese online gambling tax regime in a constitutional context

36 Common taxation models for online gambling Customer stakes Tax on stakes 2 main forms of online gambling taxation Prizes Awarded (Pay-out to costumer) GGR Gross Gaming Revenue (operator revenue) Tax on GGR 1 december 2015, The new Portuguese online gambling tax regime in a constitutional context

37 Portuguese online gambling tax rules (articles 87º - 91º RJO) Taxation of online gambling and betting income occurs under a special tax (IEJO special online gambling tax), which replaces any other taxes, general or local; Three sets of rules depending on the nature of the game: i) Games of chance (GGR) GGR is taxed at 15% rate. If annual GGR sup. to 5M, revenue exceeding this amount will be subject to additional tax up to a limit of 30% (cap) ii) Fixed odds sports betting (stakes tax) tax is based on the operator s revenues resulting from the amount of bets made (no deduction of winnings) at an 8% rate; if annual stakes exceed 30M, revenue exceeding 30M will be subject to additional tax up to a limit of 16% (cap) iii) Horse racing bets fixed odds horse racing betting [GGR same as i)] and for mutual horse racing bets [stakes tax same as ii) above] 1 december 2015, The new Portuguese online gambling tax regime in a constitutional context

38 General income tax rules vs. Offline gambling tax rules CIT (IRC) General rule for taxation of income by legal persons: corporate income tax (IRC) levied on profits; Gambling income has been traditionally excluded from the scope of corporate income tax (exclusion rule) and subject to a special tax on gambling ( IEJ ) STAMP DUTY Mutual betting and State s social games operated exclusively by Santa Casa da Misericórdia de Lisboa (SCML) are subject to stamp duty at 4,5% rate levied on the value of the bet plus an amount that may go up to 20% rate to the amount exceeding 5, SPECIAL GAMBLING TAX (IEJ) Casinos (operating based on concession agreements entered into with the State) that explore land-based chance games are subject to IEJ (with different rules for table games and non-table games) 1 december 2015, The new Portuguese online gambling tax regime in a constitutional context

39 Active Role of the Portuguese Constitutional Court

40 Stakes tax on sports betting: Violation of principle of neutrality? Tax regimes applicable to gambling activity should be a reflection of predefined regulatory models Liberalised market little concern with the potential social harm of the activity no reasonable justification for the imposition of different forms of taxation Even if the legislator for some reason deems necessary to create a specific tax applicable to a given activity, within the context of that tax, all entities providing the activity should be treated the same way 1 december 2015, The new Portuguese online gambling tax regime in a constitutional context

41 Stakes tax on sports betting: Violation of principle of neutrality?

42 Stakes tax on sports betting: Violation of principle of neutrality? The existing different treatment comes with a high potential to raise issues of a constitutional nature Is there a Constitutional admissible reason to justify the imposition of different tax models to land-based casinos and online casinos and, within these, depending on the type of game, and bet, offered to consumers? Tax revenue maximization is not per se an admissible ground Expected legal challenge on the grounds of breach of neutrality principle 1 december 2015, The new Portuguese online gambling tax regime in a constitutional context

43 Q & A Any questions? Thank you! António Moura Portugal december 2015, The new Portuguese online gambling tax regime in a constitutional context

44 ABBC Advogados Sociedade de Advogados RL Largo S. Carlos, N.º Lisboa - Portugal Tel: Fax:

The new Portuguese online. gambling tax regime in a. constitutional context. António Moura Portugal. 1 December 2015

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