JUE 28 DE NOVIEMBRE DE 2024 - 17:05hs.
The measure goes to presidential sanction

Brazilian Congress approves PM that changes taxation of sports betting to GGR

By rejecting Senate amendments, the Chamber of Deputies approved on Wednesday (23) Provisional Measure (PM) 1034/21, which, among other definitions, amends the chapter of Law 13756/18 (fixed quota or sports betting), which now considers the payment of taxes on net revenue from collection, less income tax and prizes (GGR). This change in the tax system was an insistent request from the market to the Brazilian government. Now the measure goes to presidential sanction.

During this Tuesday's (22) session, Senator Ciro Nogueira had already demonstrated his clear support for this change in the text of his final report. “Certainly, one of the ways to launder money is precisely the acquisition, with a prize, of winning tickets. We are sure that the fixed-odd betting system now proposed will reduce the size of the illegal online betting market and will increase tax collection, bringing more resources to social security,” said Nogueira.

This type of bet is already being explored internationally, in a virtual way, with Brazilian bettors moving around R$ 2 billion a year, which end up being sent abroad. Fixed Quota Betting is eligible for privatization in the Investment Partnership Program (PPI), and is included in the National Privatization Program (PND), pursuant to Resolution No. 134, of June 10, 2020, of the PPI Council.

“Arts. 6th and 7th of Bill nº 12, of 2021, introduced by the Chamber of Deputies, substantially change the legal framework of Fixed Quota Bets, making the modality more attractive to investors. We are sure that the Fixed Quota Betting system now proposed will reduce the size of the illegal online betting market and increase tax collection, bringing more resources to Social Security,” added the Senator.

One of the topics included by the rapporteur in the text is the change in the distribution of what is collected by the lottery known as “sports betting”. In this type of lottery, classified as fixed odds, the player tries to predict the result of real sporting events (score, number of cards, who will score the first goal, etc.) in football games, knowing in advance how much he can win in case of a hit.

"The experience in Europe shows that it is better to adopt the operator's gross profit as a basis, providing stable flows of public revenue and prizes and making bettors use the services of local operators," said MP's rapporteur in the Chamber, Deputy Moses Rodrigues.

Thus, instead of the percentages of gross collection defined by law, Rodrigues proposes that from the total collected, the prizes will come first, without fixing the amount, then the amount of the incident income tax (30%) and the portion of social security (0.10% for bets on physical media and 0.05% for those on virtual media).

Currently, gross revenue is divided primarily between prizes, lottery operator, National Public Security Fund (FNSP), social security, clubs that have ceded their symbols for the events and schools that achieved performance goals in national exams.

With the new rule, from what is left of the first division, 0.82% will stay with the schools, 2.55% for the FNSP, 1.63% for the clubs and 95% for the lottery operators, which must be bid for exploitation by the private sector.

Source: GMB