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 Colombian Prosecutor will acuse evaders and collect Tax Obligations




Colombian Prosecutor will acuse evaders and collect Tax Obligations
Origin: Juan David Bazzani
Published: 2021-06-10

It is no secret that the country's fiscal panorama is delicate and requires immediate actions to improve tax collection. This situation is not new, and, in fact, it has been a constant in Colombia during the last few years, which is why tax reforms have been intensively presented during the last two presidential terms.

 

Finances in Colombia today are also in the intensive care unit. Hence, for the National Tax and Customs Directorate (Dian) and the State authorities, the number one priority is to recover the money not declared by taxpayers.

 

In countries such as Mexico and Spain, the criminalization of tax evasion has already been used to encourage the payment of taxes that taxpayers fail to pay irregularly. Regardless of the discussion on whether this translates into an expansionist phenomenon of Criminal Law, which is indeed the case, the fact is that in other countries these strategies have served to put several taxpayers in irregular situations in jail, demonstrating the effective success of this harmonization between criminal and tax law.

 

The most recent tax reform, Law 2010 of 2019, implemented this same public policy and resorted to criminal law as a collection mechanism. This implies a rethinking of tax litigation in Colombia, in which it is necessary to resort to stricter preventive strategies and defense strategies with technical knowledge that harmonize criminal and tax matters.

 

Article 132 of the aforementioned reform created the Specialized Directorate against Tax Crimes and assigned it a staff of 30 prosecutors, 45 professionals and 50 technicians specialized in the areas of taxation, finance and accounting. With this interdisciplinary structure, a robust work team is created to start the prosecution of all evaders, although, as Professor César Cermeño, partner of DLA Piper Martínez Beltrán, warns in the development of its auditing processes, it is also feasible that serious taxpayers who may have committed simple formal errors or who have differences of criteria with the tax authority may be investigated.

 

 

In the Attorney General's Office, in turn, very recently Resolution 00720 of April 15, 2021 was issued through which the knowledge criteria are assigned to determine which cases will be assumed by this directorate. Among them, the following stand out:

 

a) Omission of assets or inclusion of non-existent liabilities and tax fraud or evasion regardless of the amount

 

b) Omission of withholding or collection agent when the amount is equal to or greater than 350 monthly minimum wage

 

c) Fictitious export or import, tax evasion, aggravated fraud, unlawful exercise of monopolistic activity of rent arbitrage, use of treasury resources for the encouragement or undue benefit of precious metal exploiters and traders, subsidy fraud, when the amount exceeds 300 monthly minimum wage

 

d) Other crimes related to tax evasion phenomena that indicate the existence of tax fraud schemes.

 

These activities, in addition, have a joint work advanced between the Dian and the Prosecutor's Office through inter-institutional tables in which progress has been prioritized with these originally fiscal investigations, but with clearly criminal consequences.

 

This is how we are facing a new and complex reality of tax litigation in Colombia. The country is putting everything at stake to recover the taxes evaded by taxpayers, mainly in the areas of VAT and income (although the criminal type of tax fraud would also involve aspects related to territorial taxes, which will make the situation even more complex and stressful for some companies). All in all, the objective is to overcome the fiscal deficit.

 

 

The Attorney General's Office has been assigned the important function of being the 'chepito' of the State to help in this enormous task and it is now up to the companies to be more careful than ever to avoid sanctions and jail for seeking 'savings' in their taxes. It is necessary for businessmen to seek preventive correction and payment alternatives and to seek legal advice to avoid problems that inevitably have more serious consequences.

 

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President of Coljuegos recognizes that he was wrong about Casinos, the winner is respect. 

Colombian Prosecutor will acuse evaders and collect Tax Obligations

What more could you expect from someone outside the industry was the title of my last column that caused a stir at all levels of the gaming industry.

 

Making mistakes is human, Marco Emilio, president of Coljuegos, in a gesture of kindness, publicly acknowledged his mistake and issued a statement apologizing, which I appreciate for the sake of respect for all the actors in this industry and the good name of those of us who are part of it.

 

Any stumbling block occurs in life, and this is a good time for us to be heard and the wheels of Coljuegos to be put in motion so that the approval of the impounded procedures is accelerated, which since the entry into the entity of Marco Emilio It was promised by the legal department and that deadline of October 26, 2023, was left in limbo.

 

ACTA NON VERBA, of course I am not being pedantic, but that you have understood that the industry does not live on chance and lotteries alone, gives it a more equitable approach in proceeding and I hope that you listen to both operators and manufacturers of casino machines, that we are stranded by laziness in attention.

 

The past two weeks I received several messages constraining me to retract my comments, which not only restricts freedom of expression, but also demonstrates the lack of character of those who servilely believe that for the benefit of all we must endure... respect we all deserve since there are no people more or less than others; Remember we are all pushing forward in the Games of Luck and Chance industry.

 

Once again, the winner is respect.



Sports betting the worst has already begun 

Colombian Prosecutor will acuse evaders and collect Tax Obligations

Sports betting, suspended soccer players and teams, rigged championships, scandals the order of the day are the daily news lately. In Chile and other countries in the world, the sponsorship of teams by betting houses is distrusted, because it is not entirely unusual to think that some ally with each other and end up favoring a particular bet.

 

In Europe, especially in Spain, match-fixing is fought by small clubs that have been discovered and where one or two players have finally been personally punished, which is not a deterrent to prevent Premier League matches from being fixed. league.

 

For its part, the Bundesliga is doing everything in its power and knowledge to closely follow the matches, with a very restricted regulation of sports betting but which does not guarantee full transparency of the results.

 

But not only he soccer; A few weeks ago, tennis player Younes Rachidi was banned for life for allowing himself to be beaten at will and collecting betting dividends. Bárbara Gatica Avilés Chilean tennis player suspended 3 years; Premier League top scorer Ivan Toney is facing a ban for illegal betting… and the list goes on. In Colombia we are not the exception and Llaneros has been accused of a shameless arrangement to favor a result.

 

In a column published by Dr. Hernán Peláez, he commented: Thank goodness here, Coljuegos gives a license to betting houses. But I don't know if it monitors the exercise and the yields of these operations and health aid are publicly known —and should be— and education. Or does anyone know? to get out of my ignorance.

 

I answer: if Coljuegos does financial monitoring BUT it is time for Coljuegos to start a crusade in pursuit of Fair Play and be the guarantor of fair play and prevent soccer from being used to launder money through betting; His function, among others, is control, not just the collection of money; he has to see where he comes from, and that is the task he must take on.

 



In Brazil there is so much to choose from when it comes to Gaming, that everyone wants to invest. 

Colombian Prosecutor will acuse evaders and collect Tax Obligations

The Brazilian Senate Agency reported that it will discuss draft regulation 2,234/2022 to legalize casinos and jogo do bicho (the popular national lottery) throughout the country. In the first instance, the project will be debated by the Constitution and Justice Commission (CCJ).

 

Bill (PL) 2,234/2022 was presented two years ago by the now former deputy Renato Vianna to authorize, among other modalities, the operation of casinos and bingos, horse racing and the aforementioned lottery.

 

The text authorizes the installation of casinos in tourist centers or integrated leisure complexes, under the limit of one casino in each state and Federal District, with the exception of São Paulo, which could have up to three casinos, and Minas Gerais, Rio de Janeiro .

 

In addition, gambling houses will also be able to operate on sea and river vessels, which will follow specific rules for this sector. On the other hand, operators must demonstrate a minimum paid-up share capital of at least 100 million reais and will be able to maintain their licenses for 30 years.

 

At the same time, the bingo sector would also be regulated, in person and online, allowing in each state the accreditation of one legal entity per 700 thousand inhabitants to install these halls. For bingos, licenses would be valid for 25 years, renewable for the same period. Likewise, rules would be added for horse racing, which could be operated by racecourses accredited by the Ministry of Agriculture, which could also operate, at the same time, bingo and video bingo games.

 

The project seeks to transfer to state control a practice that today constitutes a minor crime,” argued Senator Irajá Abreu. And he cited statistics on the legal or illegal betting market, which demonstrate that “gambling already constitutes a relevant economic activity.”

 

The explosion of the Brazilian betting market and the possible opening of casinos is attracting global giants in the sector. According to a report by the newspaper O Globo, companies such as DraftKings, Hard Rock International and MGM Resorts International, as well as Caesars Entertainment, are considering entering this market.

These names are among the more than 130 companies that have expressed prior interest in a Brazilian license, as reported by the Ministry of Finance.

 

 

 



The current president of Coljuegos does not represent the Gaming industry in Colombia. 

Colombian Prosecutor will acuse evaders and collect Tax Obligations

Unfortunate, if not infamous, was the intervention of Marco Emilio, president of Coljuegos, during the inauguration of the event, and the opening of the two assemblies of the associations, at the last GATexpo in Cartagena.

 

 

Considering that he is a person alien to the industry and especially to those located, he should demonstrate less servility towards permanent bets and respect, as in the army, the seniority of all of us. Many, if not all, of us feel offended by the derogatory comments and ignorance of the enormous effort of people like Elizabeth Maya and Evert Montero who have prioritized the implementation and good practices regarding money laundering. assets.

 

In the best style of the old policy - which is understandable - it has turned Coljuegos into another state institution where the “aja” is already a reference to accelerate the permits that have been held up for months, most likely to soften the (the) sorry businessman who will end up leaving the envelope under the trash can there and come pick it up on Monday...

 

When asked about Coljuegos, he only limits himself to reading the speech that has been passed to him from the office of his advisors and that is where the verbiage about lotteries, chances and bets comes to the surface of his lips and there is nothing else on the page From Coljuegos there are only approvals for draws, perks, new regulations, facilities, opening of markets for permanent bets and for a permit from an operator, there is no time... of course sorry, as he said at the Fair: the illegals and thugs from the locals and casinos who have earned that reputation through their own fault should go to the prosecutor's office to report because I don't know anything.

 

It's embarrassing when he starts talking about technology and the trip to Las Vegas - sponsored of course - and that on an important news network he said that by seeing the machines he knew how they paid, oh no! So, he dedicates himself to gambling and makes more money... or he writes a book and becomes a millionaire, and at the same time destroys all the casinos in the world because he is going to reveal the secret.

 

Since his arrival, Coljuegos has gone from more to less and it is not necessary to be a fortune teller to know that he came to the entity to do what he had to do regardless of the cost, in the end he is not the one who pays, it is us and they pay him for that.

 

What else to expect from the very corrupt, very old school.

 

 

 



But why are companies in the gambling industry now going (or staying) private and is this something reflected in other industries? 

Colombian Prosecutor will acuse evaders and collect Tax Obligations

Gambling Ins.

A gavel, a gong, a bell; the three symbols of a fresh day of trading at the New York Stock Exchange (NYSE). Although the tool itself has changed over the years, the act of the ‘opening bell’ has been solidified across public trading houses - even though Nasdaq doesn’t have a physical trading floor, the house still has an opening bell ceremony each day. That’s how strong it is. 

 

However, more companies, with some high-profile examples within gaming, are pulling away from this iconic morning routine and instead favoring the quiet life of private equity.

 

But why are companies going private? 

There are a few reasons why some big gambling companies are going private. 

 

First of all, when a company goes public, there is a far greater level of administration and bureaucracy. A private company therefore has more control over its business, without having to please multiple shareholders.

 

Once a company goes private, the business is in the hands of a few select people; either the private equity firm or the family controlling the company. This makes it infinitely easier to make decisions and act on them.

 

There’s also less volatility from being on the publicly traded stock market, too. The stock market has quite infamous ups and downs, but unless you’ve been living under a rock for the past five years, you’ve probably noticed some global events that affected the economy quite severely. 

 

If anything, this proves that there’s no set path to success for companies; going public is no longer a symbol of ‘making it’ but should instead be analysed as a viable strategy, rather than the only strategy

 

One of the biggest positives of being publicly traded, however, is access to capital. It used to be one of the only ways companies could get funding for projects, which is why going public was historically seen as the end goal for many businesses in the past. 

 

But this isn’t the case anymore. Even as far back as 2018, IPOs brought in $50.3bn in the tech sector, while private equity firms invested $130.9bn.

 

Some companies never went public in the first place.

Once a company goes private, the business is in the hands of a few select people; either the private equity firm or the family controlling the company. This makes it infinitely easier to make decisions and act on them. The biggest example in gambling is bet365, which has been private since it launched in 2000, owned and operated by the Coates family. On the supplier side, Interblock is a huge firm one would assume is NYSE-listed but has remained private, in 2022 being acquired by (you guessed it, private equity) funds managed by Oaktree Capital Management.

 

So perhaps we’ll see a new era of company ownership going forward, where gaming companies won’t be afraid to rely on private equity, rather than face the public eye on the stock market. Is it time for more casino and sports betting companies to take a gamble on their products and boot out the shareholders and their opinions for good?


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