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  New betting regulation in Peru, here we explain point by point 




New betting regulation in Peru, here we explain point by point
Publicado: 2023-07-19

On 28 June, Peru’s president Dina Boluarte signed the country’s new gaming legislation into law. The law aimed to solve several problems with the previous legislation, Law No 31,557.

The law, which the previous president Pedro Castillo signed in August 2022, marked the long-awaited regulation of the country’s gaming sector. However, according to Felix, the law faced criticism from industry trade bodies for four principal failings. These were:

 

1. The potential high cost of retail licences

2. The lack of clarity on offshore tax

3. The mandatory use of the .bet.pe domain

4. Too short a time period outlined for the sector to adopt the law

 

Starting from scratch

As a result, the new version of the law took steps to rectify these failings.

The law itself resulted from of a robust set of discussions between multiple stakeholders, which included gaming trade associations, multiple government departments, trade unions and civil society.

 

Jonathan Felix, gaming consultant and CEO of Global Business Company de Perú

 

Felix says that Peru’s gambling regulator – the Ministry of Foreign Trade and Tourism (MINCETUR) – also “called on all national and international stakeholders to review the document and deliver suggestions”, with the responses totalling more than 700.

This was an unprecedented event in the history of public consultation, in terms of the preparation of the technical regulation of a law of the sector,” he says.

High cost of retail licences

Under Law No 31,557, operators looking to offer gambling in Peru were given two options for licences. Retail betting operators could apply for the first type of licence, with the second being an online-exclusive licence.

According to this initial law, a retail licence would cost Sol24,750 (£5,300/€6,300/$6,700) per shop. In comparison, the total cost for an online licence topped £215,000. The gaming sector objected to this because large retail betting operators in Peru would be expected to pay a much higher total licence fee than an online operator.

As a result, the new law eliminated the retail licence, instead creating a single online licence. Lawmakers decided to triple the cost for the new unified licence type to £645,000.

Felix says that in Peru, licence fees are not one-time costs. Rather, they are a bank letter guarantee presented to the government. The guarantee functions like a deposit.

This is meant to ensure operator compliance with the licence’s terms and conditions. The money will ultimately be returned to the operator if it chooses to exit the market.

Felix highlights that Peru’s gambling market – in line with Latin America as a whole – operates largely in an omnichannel fashion.

We can conclude that in the next 10 years, this model will be maintained,” he says. “But sales could concentrate 85% on the online channel and 15% on the retail channel.”

Lack of clarity on tax

The industry had also voiced concerns regarding the lack of clarity on what tax burden offshore operators would face.

The original version of the law said that operators with a headquarters in Peru would face a 12% tax on revenue. However, it was not clear whether foreign operators would be subject to the same tax.

The new regulations aimed to clear up this ambiguity by establishing a single 12% point-of-consumption tax for all businesses offering their services in Peru, no matter where they were based.

Operators already active in the market also objected to the mandatory use of the .bet.pe domain address. Felix says they did so because this would have “commercially affected the change in domain of platforms that were in operation at the time”.

Consequently, the new regulations broaden the rules to allow authorized platforms to use any of the following domains – .bet.pe, .bet, .com.pe, .com or .pe.

Short period for adoption

The final reason Peru opted to change its gambling regulations concerned the length of time operators would have to acquaint themselves with the new law – 60 days.

Under the law, this deadline kicked in as soon as MINCETUR finalised the law’s technical regulations. Felix says this time period was “in practice, very short”.

The new rules subsequently included a provision doubling the adoption period to 120 days.

Other provisions of law

But the new legislation didn’t exist to solely fix past errors or controversies. New elements include a mandatory requirement for know-your-customer (KYC) checks on customers. Additionally, only licensed operators are permitted to sponsor sporting events or partner with athletes.

The law amends Peru’s criminal code and criminalises the act of conducting offshore gambling operations without a licence. This is punishable by up to four years in prison.

New horizons

According to Felix, the new rules – alongside the prospect of robust gaming regulation – are a positive development for the gaming sector in Peru.

It put Peru in the global interest, as one of the seven attractive markets in the LatAm region along with Brazil, Mexico, Argentina, Colombia, Venezuela and Chile,” he says. “The maturity of the market is evident.

We hope that this law will promote greater growth and consolidation of the Peruvian market in the coming years.”

For Felix, the well-thought-out nature of the new rules resulted from the government engaging many prominent stakeholders in the reform process.

There was a broad and active participation in the discussion and debate of the draft amendment of this law and the technical regulations,” said Felix.

The final result of this law reflects this hard work and participation.”

 

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Chilean soccer clubs denounce the hidden link between the ANFP and genius sports. 

New betting regulation in Peru, here we explain point by point

The authorities of three Chilean teams activated football alarms. Club Deportivo Palestino, Club Deportes Iquique and O'Higgins FC published a letter denouncing an unknown link between the National Professional Football Association (ANFP) and a private company linked to online betting.

 

The clubs accused the ANFP of having paid contracts with Genius Sports, an international company based in England that manages sports data for betting houses.

 

 

Deportes Iquique detailed a situation that occurred during one of their matches in their minor series: they discovered that the match was being broadcast on the platform of an online betting house. Upon investigation, Iquique learned that during the incident there was a person from Genius Sports who transmitted all the information through his cell phone.

 

Both Palestino and O'Higgins later discovered that there were also people from the same company attending their training teams' matches. After an investigation, they managed to determine that there are contracts with the ANFP that allow that company's personnel to enter the stadiums.

 

"This company pays ANFP to have access to the competition data and provide detailed information on each event that occurred in the matches, for use by the betting houses, which we consider unpresentable," the complainant teams stated in the letter. In the letter, the teams spoke directly to Pablo Milad, president of the organization, and denounced that these links promote fixing and fraud in matches: "You and all of us who have a relationship with football know how dangerous the relationship with football is. sports betting system. Especially in the case of youth football that takes place in an environment that is more difficult to control, with players with less capacity to resist pressures and offers, with parents with easy access to people with an interest in fixing results and even with technical bodies with little experience”.

 

Although there is still no legal framework that regulates this situation in Chile, the clubs assured that the FIFA (International Association of Football Federation) regulations do. Citing an article from the international entity's Code of Ethics, they stated that "all types of interest with entities, companies, organizations that promote, negotiate or direct bets related to football matches" are prohibited.






Argentina also attacks influencers who promote betting. 

New betting regulation in Peru, here we explain point by point

The government headed by Jorge Macri sent document letters to influencers and celebrities who advertised illegal betting sites through their social networks. Argentina.

 

 

The City of Buenos Aires continues its campaign against illegal gambling to control that minors do not access virtual betting. In that sense, after the announcement of a series of educational, health and legislative measures, a new judicial approach was undertaken.

 

 

The government of Jorge Macri, through the Buenos Aires Lottery (LOTBA), sent letters and documents to influencers who promoted and advertised on their social networks platforms that illegally collect gambling bets.

 

These are people who participate or are directly related to the television program “Big Brother”: Romina Uhrig, Camila Lattanzio, Agostina Spinelli, Federico Farías, Juliana Scaglione, Emmanuel Vich and Williams López. In addition, document letters promoting illegal gambling were also sent to other personalities from the Argentine entertainment world such as Florencia Peña, Flavio Azzaro, Florencia Vigna and Morena Rial.

 

LOTBA ordered them to cease the promotion under warning of initiating legal actions for considering them participants in the alleged commission of the crime established in article 301 bis of the National Penal Code.

 

Said article indicates that “anyone who exploits, manages, operates or in any way organizes, by himself or through third parties, any form or system of capturing games of chance without having the relevant authorization will be punished with imprisonment of three to six years.” emanated from the jurisdictional authority…”






From yesterday, sports prediction sites must pay tax in Ecuador. 

New betting regulation in Peru, here we explain point by point

The Internal Revenue Service (SRI) confirmed that starting July 1, a new tax will go into effect for sports prediction sites. The portal opened a form where registration must be completed so that the domain is not affected.

 

In one of the sections of the SRI website, sports prediction operators can find the procedure for requesting registration in the Single Taxpayer Registry (RUC), requirements and updating, as well as the respective legal basis. The tax as such taxes the income received by operators of sports predictions made through the Internet or any other means.

 

Your tax base is the result of subtracting prizes paid (with withholding at source) from income, including commissions; and the rate is 15%.

 

Standards that must be met

• - Deliver the information for tax purposes to the SRI as dictated by the regulations.

• - Register in the registry of the single registry of RUC taxpayers.

• - Designate a representative resident in Ecuador for all purposes derived from the administration of the Single Income Tax for Sports Forecast Operators.

• - Declare and pay the Single Income Tax for Sports Forecast Operators. The Sanction If what is specified is not met, a penalty of 30 basic salaries will be imposed. Additionally, the IP address of the website through which the company operates will be blocked.

 






Casinos in Colombia, their worst moment, they have only contributed usd $30millions for health. 

New betting regulation in Peru, here we explain point by point

According to a Coljuegos report dated June 18, 2024, games located in the country contribute 39% of the total transfers for the health of Colombians. This year (2024), between January and April, bingo halls, casinos and electronic slot machines transferred a total of usd 30million to finance the subsidized regime and to promote scientific research.

 

 

For the same period, in the year 2022, of the total transfers to the health of Colombians by the Games of luck and chance sector was usd 20million , localized games (casinos and bingos) were the ones with the greatest contribution in collections reaching 10million pesos, with a growth of 33% more than the previous year (2021) thanks to the increase in electronic slot machines (MET's) which reach a total of 101,202 units, which represented a growth of 9 %, in 3,428 commercial establishments, which represents 14% growth compared to 2021.

 

 

For the first quarter of 2023 (January-February-March), in the Coljuegos report, localized games (casinos and bingos) made contributions to health of 86 billion pesos, games operated over the Internet, usd 20millions ; the Baloto Revancha,30 million ; SUPER astro usd 10 Millions and promotional games usd 100K. Which indicates that by the second quarter of the same year usd 50millions had been collected, this 2024 being usd 10millions below 2023, which was difficult in terms of the economy. In 2022, contributions were usd100million, with a growth of 33% more than the previous year (2021), a figure that will not be reached in 2024 since there are 6 months left for usd 70millions to be generated.

 

This June 18, 2024, the president of the entity, Marco Emilio Hincapié, indicated that the transfers were made by the 392 operators and 3,546 authorized gaming establishments located in the 32 departments of the country.

 

Thus, currently 105,451 electronic slot machines are in operation in Colombia, which represents an increase of more than 1,400 elements of this type compared to 2023. If the number of establishments is reviewed, there is an increase well below the average since the creation of Coljuegos, of only 118 between 2022 and 2024, which gives a clear example of the damage that this sector is suffering due inefficiency of the entity in the issuance of procedures.






The Copa America begins, and from the first whistle an increase in bets is expected in Colombia with a scandal of match fixing. 

New betting regulation in Peru, here we explain point by point

According to estimates based on historical data and observed trends, online betting is expected to experience an increase between 30% and 40% during this important continental tournament, about $100millions.

The scandal

Colombian Professional Football, FPC, had a big shakeup on Saturday, June 22, because several referees were fired for allegedly participating in sports betting. This information has circulated through social networks and has already gained strength, taking into account that complaints about bad refereeing in Colombian football have been recurrent recently, so this would make the rumors even bigger.

 

The person in charge of disseminating this information was the arbitration analyst Jose Borda, who published through social networks that more than 10 judges were fired.

 

For the Colombian League 2024-II, the Referees Commission removed 15 judges from the panel, including centre-backs, assistants, VAR and AVAR'S. Machado ‘sold’ some of his protégés to save his position,”

 

The gambling and chance sector in Colombia has demonstrated its economic and social relevance. Until April 2024, online betting has generated a transfer of $30 million to the health sector, representing approximately 40% of the total resources allocated by the industry to health and scientific research. In 2023, this figure reached $200 million.

 





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