Brazilian regulations take shape what you need to know GeoComply
Brazilian regulations take shape: what you need to know
Exciting era has arrived for the Brazil gaming industry! The Ministry of Finance (Ministério Da Fazenda: Secretaria de Prêmios Eposta s-Spa) has been continuously announcing important updates for the last few months, approaching this completely regulated market requirements. Masu. Here, we will explain the breakdown of what we need to know about the renewal of these regulations and the impact of them on operators and players.
table of contents
New licensing opportunities
SPA has issued an ordinance for operators to open a door to apply for a business license. This movement is an important step toward the launch of Brazil's completely regulated sports betting and the wigming market, and is expected to start operation within the year. Operators who submit the application within the next 90 days can get a license prior to the launch of the market. The advantages of the leaders are useful for business operators to secure market share.
Enhanced technical standards
In parallel with the opportunity to acquire a new license, the Ministry of Finance has also introduced the Ministerial Ordinance No. 722/2024, which indicates the outline of the technical standards that the business operator must be satisfied. These standards focus on fields such as geolocation, KYC, and identity verification.
Here, let's take a closer look at these contents:
Geolocation compliance and fraud prevention
The new technical ordinance requires many important measures to confirm that consumers are physically located in Brazil when consumer is gambling.
Operators must identify and block the attempts to operate location information using tools such as remote desktop software, root kits, and virtualization. This must be performed by checking the position information of the player before the first bet, and then dynamically r e-jocation. Geolocation insights are very valuable to compete with fraud and money laundering. With location data, the operator can create a location profile, and an abnormality that is the sign of fraudulent acts can be found early.
Identity verification
- Better needs to verify the identity, including CPF authentication and face authentication, before the account creation.
- Only players over the age of 18 can register accounts. If there is a difference between the provided information and public documents, registration will be rejected.
- The operator must make sure that the betor is not on the exclusion list.
- Access to the betting system requires a username / password or biological authentication.
- Re-authentication is required after 30 minutes of inactivity. Multi-factor authentication, including facial recognition, is required for password recovery and account unlocking after suspicious behavior.
The introduction of these technical standards highlights the regulator's proactive stance to protect the market from fraud and other financial crime risks. By incorporating strict requirements into the regulatory framework, the SPA is not only prioritizing player safety but also striving to maintain market integrity. This commitment ensures a safe, fair and transparent gaming market.
(July 2024) Anti-money laundering updates: Compliance essentials
On July 12, the SPA announced the Anti-Money Laundering (AML) Ordinance for Gaming, which will come into effect on January 1, 2025, in conjunction with the market opening. The regulation requires gaming operators to implement robust AML programs to ensure the integrity of their operations and combat financial crimes.
Operators must establish player risk profiles by collecting, verifying and validating player information based on the relevant risk level. This process requires continuous updates and risk reassessment to address changes in players' risk profiles.
To meet this new standard, operators must proactively identify, block and report suspicious activity to the Financial Action Control Council (Coaf), the federal agency that oversees AML regulations across all sectors in Brazil.
This includes identifying unusual betting patterns such as rapid fund transfers, unverifiable information and attempts to withdraw funds without playing. They must also monitor for fraudulent account activity and flag high-risk profiles such as Politically Exposed Persons (PEPs) and individuals from high-risk countries and regions as defined by FATF and the Brazilian tax authorities.
These AML regulations complement Brazil's broader regulatory framework and reinforce the country's commitment to a safe and transparent gaming environment by ensuring robust oversight and enforcement.
How can GeoComply help with your Brazilian market entry?
GeoComply's market-ready solutions ensure smooth compliance with regulatory requirements. We offer turnkey solutions covering geolocation, KYC, AML, fraud detection and other authentication functions:
- GeoComply's industry-leading location compliance detection capabilities allow you to meet location requirements with unparalleled accuracy, reducing friction and improving revenue. Detect suspicious behavior and minimize risk in every online interaction.
- If you are rationalized in the Brazilian game industry, select IDComply for rational age and identity confirmation process. Our solutions guarantee compliance with KYC and money laundering prevention regulations, provide seamless user experience, boast the industry's highest pass rate, and minimize customer friction.
- Utilizing OneComping allows you to speed up licensing processes, quickly expand into new markets, and reduce legal costs and labor costs.
Gambling Laws and Regulations Brazil 2024
ICL G-Gambling Legal Corporatio n-Brazil Chapter features general issues in gambling legal regulations (related authorities, laws, licenses, license restrictions, digital media, enforcement, responsibilities, etc.).
Chapter Content Free Access
- 1. Related authorities and laws
- 2. License application and license restriction
- 3. Online / mobile / digital / electronic media
- 4. Execution and responsibility
- 5. Expected reform
1. Relevant Authorities and Legislation
1. 1 Which kind of gambling and social / skill gaming activities do you regulate in your jurisdiction?
Related products
Who regulates in digital format?
Who regulates in the lan d-based form?
Gaming
Casino games (including casino table games such as slots, roulette, blackjack)
Casino games are prohibited in Brazil.
Since poker is regarded as a skill game, it is not applicable to the 1941 administration Ordinance No. 3, 688/1941 (Light Crime La w-MCA). Certain regulations are not applied.
Commercial bingo is prohibited in Brazil.
In accordance with the Act No. 5, 768/1971, which was revised in Act No. 14, 027/2020, a no n-profitable form could be operated. In this case, the regulatory authorities will be the special secretariat, lottery secretariat, and export processing secretariat under the competitive secretariat (Sepec).
Betting
Fixe d-rate sports bettin g-Ministry of Economy. The 2018 Act No. 13, 756 introduced online and land online and on land, and has granted the ministry to the ministry to enact more specific regulations on the theme. The recent approved provisional measures 1, 182/2023 have strengthened the authority.
Sports/ Horse Racing Betting (when regulated separately from other forms of betting)
COMISSão COORDENADORA de Criação Do Cavalo Nacional: CCCCN).
Fantasy betting (payment to support the selection of "league" and "portfolio" over a certain period of time, such as sports and stocks)
lottery
At the federal level, there is a special secretariat, lottery secretariat, and export processing secretariat under Sepec.
Social / skill / arrangement
"Social" game without money or financial value prize money
Skill games and competitions without accidental elements
1. 2 identification: (i) Is the law and regulations applied to related products in the jurisdiction area, (II) -It, and roughl y-Are they allowed or prohibited or prohibited?
The concept of gambling does not exist in Brazil's law, and the word "gambling" is not translated in Portuguese. In Brazil, the legal concept related to gambling is "bet" ("APOSTA") and "Game" ("JOGO"), a contract style regulated by the Brazilian Civil Code (Law No. 10, 406/2002). And the "accidental game" regulated by the MCA ("Jogos de Azar").
The contract game can be defined as a legal transaction that involves two or more parties (players) who participate in activities (usually financially) to reward players with advantageous results. The results of the game inevitably depend on the intelligence, technology, physical strength, judgment, overall strategy, or accidental performance of each party (called "player"). Therefore, in the game, the success or failure is determined by the actions of each parties.
Bet is a different type of contract. Bet is determined that two or more parties (Betters) do specific actions (generally not necessarily accompanied by money betting) for future events with different opinions between Betters. It is defined as legal transactions. Better, who has made an incorporated prediction, shall confiscate the betting object or money to the Vitter, which has been proved to be correct.
These definitions are not clearly defined by law, but are interpreted by precedents, widely accepted and applied to the Brazilian court.
Gambling is generally reminiscent of accidental games. The latter definition is specified in Article 50 of the MCA. The rules define an accidental game as "playing games to acquire money or other valuable things when winning or losing is affected by luck." According to Article 50 of MCA, accidental games are classified as follows:
- A game where winning or losing is exclusively or affected by accident;
- Beds for horse racing outside the racetrack or racetrack where the racetrack is approved.
- Bed to other sports competitions.
In other words, if you can earn prizes mainly by skills (not just accidental), the game is considered a skil l-based game and is not illegal.
This law does not include special requirements for gambling prizes. Therefore, whether prizes should be regarded as an important factor in characteristic of accidental games remain unresolved. Similarly, it is doubtful that accidental, virtual play and additional play are enough to gamble the game. However, in order to evaluate the legality of the game under the MCA lens, it is usually necessary to consider the judiciary.
In relation to offshore operators, the Brazilian law applies only to light crimes committed in Brazil's territory, according to Article 2 of the MCA. Thus, online businesses that cross borders are currently allowed to provide betting services to Brazil residents, under the provisions of criminal law. In addition, Brazil Civil Code classifies bets and games into contract forms. As stipulated in Article 9, Paragraph 2 and Article 435 of the Brazilian Civil Code of the Brazilian Law Law Law Law (Cabinet Order 4, 657/1942), the contract between the absence and the absence of the parties is the proposer. It is considered to have been concluded in the place. Therefore, the contract between the Brazilian customer and the offshore operator's website hosting in other jurisdictions where gambling is legal is legal, and in accordance with the operator's judicial jurisdiction. It will be out of the application range. Such contracts can be enforced after the appropriate judicial procedure (EXEQUATUR), and any debt can be collected in Brazil. However, activities across borders may cause additional legal results associated with the Consumer Protection Law and the Data Protection Law, resulting in criminal liability. < SPAN> Games that win or lose exclusively or by chance;
Beds for horse racing outside the racetrack or racetrack where the racetrack is approved.
Bed to other sports competitions.
2. Application for a Licence and Licence Restrictions
In other words, if you can earn prizes mainly by skills (not just accidental), the game is considered a skil l-based game and is not illegal.
This law does not include special requirements for gambling prizes. Therefore, whether prizes should be regarded as an important factor in characteristic of accidental games remain unresolved. Similarly, it is doubtful that accidental, virtual play and additional play are enough to gamble the game. However, in order to evaluate the legality of the game under the MCA lens, it is usually necessary to consider the judiciary.
In relation to offshore operators, the Brazilian law applies only to light crimes committed in Brazil's territory, according to Article 2 of the MCA. Thus, online businesses that cross borders are currently allowed to provide betting services to Brazil residents, under the provisions of criminal law. In addition, Brazil Civil Code classifies bets and games into contract forms. As stipulated in Article 9, Paragraph 2 and Article 435 of the Brazilian Civil Code of the Brazilian Law Law Law Law (Cabinet Order 4, 657/1942), the contract between the absence and the absence of the parties is the proposer. It is considered to have been concluded in the place. Therefore, the contract between the Brazilian customer and the offshore operator's website hosting in other jurisdictions where gambling is legal is legal, and in accordance with the operator's judicial jurisdiction. It will be out of the application range. Such contracts can be enforced after the appropriate judicial procedure (EXEQUATUR), and any debt can be collected in Brazil. However, activities across borders may cause additional legal results associated with the Consumer Protection Law and the Data Protection Law, resulting in criminal liability. A game where winning or losing is exclusively or affected by accident;
Beds for horse racing outside the racetrack or racetrack where the racetrack is approved.
Bed to other sports competitions.
In other words, if you can earn prizes mainly by skills (not just accidental), the game is considered a skil l-based game and is not illegal.
This law does not include special requirements for gambling prizes. Therefore, whether prizes should be regarded as an important factor in characteristic of accidental games remain unresolved. Similarly, it is doubtful that accidental, virtual play and additional play are enough to gamble the game. However, in order to evaluate the legality of the game under the MCA lens, it is usually necessary to consider the judiciary.
In relation to offshore operators, the Brazilian law applies only to light crimes committed in Brazil's territory, according to Article 2 of the MCA. Thus, online businesses that cross borders are currently allowed to provide betting services to Brazil residents, under the provisions of criminal law. In addition, Brazil Civil Code classifies bets and games into contract forms. As stipulated in Article 9, Paragraph 2 and Article 435 of the Brazilian Civil Code of the Brazilian Law Law Law Law (Cabinet Order 4, 657/1942), the contract between the absence and the absence of the parties is the proposer. It is considered to have been concluded in the place. Therefore, the contract between the Brazilian customer and the offshore operator's website hosting in other jurisdictions where gambling is legal is legal, and in accordance with the operator's judicial jurisdiction. It will be out of the application range. Such contracts can be enforced after the appropriate judicial procedure (EXEQUATUR), and any debt can be collected in Brazil. However, activities across borders may cause additional legal results associated with the Consumer Protection Law and the Data Protection Law, resulting in criminal liability.
- According to Article 50 of the Crime Prevention Act, which has recently been revised by the Act No. 13, 155/2015, an illegal gambling may be fined. The provisions stipulate that players and affiliates who have found gambling, regardless of online or offline, are punished with a fine of up to 200, 000brl (about 34, 500 pounds). Brazil's criminal law applies only to gambling in Japan. Therefore, this framework does not support the legal execution for offshore gambling operators that provide services to Brazilian people. However, so far, the Brazilian government has never taken any measures to overseas businesses on any basis.
- Conversely, the state police and the Federal Police have the authority to close, fines, or imprisoned gambling businesses in Japan.
- 2. 1 To legally provide related products to those in your jurisdiction area, any regulation license, permission, approval, or other public approval (hereinafter collectively "license") is required. Is it?
- Brazil's current gambling law does not have a general law or system for licensing related products. However, the practice of legal gambling means that various license requirements must be satisfied according to the form of gambling provided by the facility.
- The federal lottery provided to the people is currently stat e-owned. Kaisha Economica Federal (Kaisha), a stat e-owned savings bank, was given the control of the federal lottery on July 14, 1961 Cabinet Order No. 50, 954. Kaisha's lottery agency is a concession given by the federal government, and the license of the facility is given by Kaisha.
The state lottery operated by the Federal State and the Federal District is legislated at the Temple level, so it can follow a variety of legal frameworks. At the time of the writing (August 2023), there is a sports betting license in Parana and Rio de Janeiro. < SPAN> According to Article 50 of the Code Prevention Act, which has recently been revised by the Act No. 13, 155/2015, an illegal gambling may be fined. The provisions stipulate that players and affiliates who have found gambling, regardless of online or offline, are punished with a fine of up to 200, 000brl (about 34, 500 pounds). Brazil's criminal law applies only to gambling in Japan. Therefore, this framework does not support the legal execution for offshore gambling operators that provide services to Brazilian people. However, so far, the Brazilian government has never taken any measures to overseas businesses on any basis.
Conversely, the state police and the Federal Police have the authority to close, fines, or imprisoned gambling businesses in Japan.
2. 1 To legally provide related products to those in your jurisdiction area, any regulation license, permission, approval, or other public approval (hereinafter collectively "license") is required. Is it?
Brazil's current gambling law does not have a general law or system for licensing related products. However, the practice of legal gambling means that various license requirements must be satisfied according to the form of gambling provided by the facility.
The federal lottery provided to the people is currently stat e-owned. Kaisha Economica Federal (Kaisha), a stat e-owned savings bank, was given the control of the federal lottery on July 14, 1961 Cabinet Order No. 50, 954. Kaisha's lottery agency is a concession given by the federal government, and the license of the facility is given by Kaisha.
The state lottery operated by the Federal State and the Federal District is legislated at the Temple level, so it can follow a variety of legal frameworks. At the time of the writing (August 2023), there is a sports betting license in Parana and Rio de Janeiro. According to Article 50 of the Crime Prevention Act, which has recently been revised by the Act No. 13, 155/2015, an illegal gambling may be fined. The provisions stipulate that players and affiliates who have found gambling, regardless of online or offline, are punished with a fine of up to 200, 000brl (about 34, 500 pounds). Brazil's criminal law applies only to gambling in Japan. Therefore, this framework does not support the legal execution for offshore gambling operators that provide services to Brazilian people. However, so far, the Brazilian government has never taken any measures to overseas businesses on any basis.
Conversely, the state police and the Federal Police have the authority to close, fines, or imprisoned gambling businesses in Japan.
2. 1 To legally provide related products to those in your jurisdiction area, any regulation license, permission, approval, or other public approval (hereinafter collectively "license") is required. Is it?
Brazil's current gambling law does not have a general law or system for licensing related products. However, the practice of legal gambling means that various license requirements must be satisfied according to the form of gambling provided by the facility.
The federal lottery provided to the people is currently stat e-owned. Kaisha Economica Federal (Kaisha), a stat e-owned savings bank, was given the control of the federal lottery on July 14, 1961 Cabinet Order No. 50, 954. Kaisha's lottery agency is a concession given by the federal government, and the license of the facility is given by Kaisha.
The state lottery operated by the Federal State and the Federal District is legislated at the Temple level, so it can follow a variety of legal frameworks. At the time of the writing (August 2023), there is a sports betting license in Parana and Rio de Janeiro.
Horse racing enthusiasts must apply for a license for agents and agencies through MAPA. Horse racing businesses are fully responsible for agent's actions. Agents (individuals or corporations) are given a license to promote betting only in the specified location. Mapa issues a license for horse racing gambling called Carta Patente. The license has no expiration date, and there is no limit on the number of available licenses.
2. 2 If the license is available, explain the mechanism of the related license system.
Although the lottery of each state follows various frameworks, at the federal level, the ERA has recently established a Provisional Measures 1, 082/2023 on July 25, 2023, and has set general requirements and taxation on future operations of sports betting. 。 The provisional measures have the same effect as the law, but are issued by the president when the relevance and urgency are high. However, the provisional measure, however, has been deliberated by both houses by the National Assembly (House of Representatives and Senate), in order to provide indefinite enforcement, although it immediately demonstrates legal effects according to the specific schedule. You need it. It can also be revised and changed to a law proposal. According to the specific legal frameworks, the specific application procedure for sports betting depends on the rules issued by the Ministry of Finance in the future.
As a result, specific regulations on license are mostly left to horse racing style. In order to apply for such a license, the applicant must meet the following conditions:
Being a no n-profit organization legally established in Brazil;
Have the right to own or use a racetrack;
Prove that the weekly race schedule is technically and economically.
Present a flat view of the race site.
Proposal of general betting plan (including rules applied to each game operated by operators, such as prize money, ticket value, minimum bet, maximum bet, and payout).
2. 3 What kind of procedure is required to apply for a license for related products?
- Horse racing operators must apply for a license for agents and agencies through MAPA. < SPAN> Horse racing enthusiasts must apply for agent and agency licenses through MAPA. Horse racing businesses are fully responsible for agent's actions. Agents (individuals or corporations) are given a license to promote betting only in the specified location. Mapa issues a license for horse racing gambling called Carta Patente. The license has no expiration date, and there is no limit on the number of available licenses.
- 2. 2 If the license is available, explain the mechanism of the related license system.
- Although the lottery of each state follows various frameworks, at the federal level, the ERA has recently established a Provisional Measures 1, 082/2023 on July 25, 2023, and has set general requirements and taxation on future operations of sports betting. 。 The provisional measures have the same effect as the law, but are issued by the president when the relevance and urgency are high. However, the provisional measure, however, has been deliberated by both houses by the National Assembly (House of Representatives and Senate), in order to provide indefinite enforcement, although it immediately demonstrates legal effects according to the specific schedule. You need it. It can also be revised and changed to a law proposal. According to the specific legal frameworks, the specific application procedure for sports betting depends on the rules issued by the Ministry of Finance in the future.
- As a result, specific regulations on license are mostly left to horse racing style. In order to apply for such a license, the applicant must meet the following conditions:
- Being a no n-profit organization legally established in Brazil;
Have the right to own or use a racetrack;
Prove that the weekly race schedule is technically and economically.
Present a flat view of the race site.
Proposal of general betting plan (including rules applied to each game operated by operators, such as prize money, ticket value, minimum bet, maximum bet, and payout).
2. 3 What kind of procedure is required to apply for a license for related products?
Horse racing operators must apply for a license for agents and agencies through MAPA. Horse racing enthusiasts must apply for a license for agents and agencies through MAPA. Horse racing businesses are fully responsible for agent's actions. Agents (individuals or corporations) are given a license to promote betting only in the specified location. Mapa issues a license for horse racing gambling called Carta Patente. The license has no expiration date, and there is no limit on the number of available licenses.
2. 2 If the license is available, explain the mechanism of the related license system.
Although the lottery of each state follows various frameworks, at the federal level, the ERA has recently established a Provisional Measures 1, 082/2023 on July 25, 2023, and has set general requirements and taxation on future operations of sports betting. 。 The provisional measures have the same effect as the law, but are issued by the president when the relevance and urgency are high. However, the provisional measure, however, has been deliberated by both houses by the National Assembly (House of Representatives and Senate), in order to provide indefinite enforcement, although it immediately demonstrates legal effects according to the specific schedule. You need it. It can also be revised and changed to a law proposal. According to the specific legal frameworks, the specific application procedure for sports betting depends on the rules issued by the Ministry of Finance in the future.
As a result, specific regulations on license are mostly left to horse racing style. In order to apply for such a license, the applicant must meet the following conditions:
Being a no n-profit organization legally established in Brazil;
Have the right to own or use a racetrack;
Prove that the weekly race schedule is technically and economically.
Present a flat view of the race site.
Proposal of general betting plan (including rules applied to each game operated by operators, such as prize money, ticket value, minimum bet, maximum bet, and payout).
2. 3 What kind of procedure is required to apply for a license for related products?
Horse racing operators must apply for a license for agents and agencies through MAPA.
Regular Instruction No. 48/2008 stipulates a general betting plan and allows betting agencies to accept beds on telephone or Internet. Certified agents are also allowed. The certified agent is approved by the turf business, defined as a physical or corporation certified by MAPA, receives bets containing a remote channel, and distributes prize money. It also stipulates the establishment of a betting agency and the agent certification process. According to the rules applied to general betting plans, official betting organizations can provide bets to horse racing at their own racetracks or horse racing through international Serimal casting (rule 48) /2008 Article 3).
Furthermore, on January 19, 2021, the NEs, 02/2021, which stipulated a general betting plan requirements, was announced. This obliges to submit the MAPA documents on the technical and economic feasibility of the jockey club. Clubs are required to update to the ministry every time a general betting plan is changed to be approved. In addition, there is a regular submission obligation to Mapa. (1) Includes the number of bets on each bet, sales, prize money, GGR, taxable amount, (2) Financial statements, accounting reports, and other documents that may be required by authorities. Annual report.
The lottery game is under Kaisha's monopoly, and the state lottery follows another rule, so there is no license procedure. Kaisha regularly carries out the lottery sales floor operator who is in charge of selling lottery and operating a specific bank service. In addition to the general laws that Kaisha complies with, many specific rules have been enacted by Kaisha itself based on notifications approved by bank lottery and game supervisor.
2. 4 Are there any restrictions on licensing in your law?
At the Federal Level, the recently established provisional measures 1, 182/2023 that sports betting operators will become a Brazilian spectators, unless they have a license issued by Brazilian authorities. It is stipulated that it is not possible to advertise.
Furthermore, according to the rules, businesses, their subsidiaries and / or parent companies acquire the rights of sports events held in Brazil, provide licensing, provide funds, and broadcast, distribute, and transmit the sounds and images. Reduction, duplication, distribution, use, or displaying, or displaying it is prohibited by any means.
In addition, for the purpose of preventing matchfixing and promoting social liability, business owners, managers, directors, important influential people, managers, employees, and other public servants. Individuals under the age of 18, or individuals who may interfere with the consistency of the system and threaten, cannot bet.
- At the state level, Paranana and Rio have set various combinations and requirements for licensing based on their certified models.
- 2. 5 What is the outline of the following features of the license: (i) Vulnerable period (II) Vulnerability for screening, stopping, and cancellation.
- Horse racing enthusiasts must apply for a license for agents and agencies through MAPA. Horse racing businesses are fully responsible for agent's actions. Agents (individuals or corporations) are given a license to promote betting only in the specified location. Mapa issues a license for horse racing gambling called Carta Patente. The license has no expiration date, and there is no limit on the number of available licenses. If a license is issued and the monthly report and annual report to MAPA are required, the possibility of screening, stopping, and cancellation will be extremely low.
- At the Federal Level, no more specific functions of the future license for sports betting have not yet been introduced (as of August 2023). Currently, specific departments are set up within the Ministry of Finance, and positions are being decided.
- At the state level, the validity period of the sports betting license is five years, which is subject to a review if it violates the conditions specified by the obligations specified by the regulatory authorities.
2. 6 What are the main restrictions on providing services to customers by related products? This answer includes important sales promotion and advertising restrictions. < SPAN> Furthermore, according to the rules, the businesses, their subsidiaries and / or parent companies acquire the rights of sports events held in Brazil, provide licenses, and distribute their sounds and images. , Sending, resending, duplication, distribution, and displaying, or displaying it is prohibited by any means.
In addition, for the purpose of preventing matchfixing and promoting social liability, business owners, managers, directors, important influential people, managers, employees, and other public servants. Individuals under the age of 18, or individuals who may interfere with the consistency of the system and threaten, cannot bet.
At the state level, Paranana and Rio have set various combinations and requirements for licensing based on their certified models.
2. 5 What is the outline of the following features of the license: (i) Vulnerable period (II) Vulnerability for screening, stopping, and cancellation.
Horse racing enthusiasts must apply for a license for agents and agencies through MAPA. Horse racing businesses are fully responsible for agent's actions. Agents (individuals or corporations) are given a license to promote betting only in the specified location. Mapa issues a license for horse racing gambling called Carta Patente. The license has no expiration date, and there is no limit on the number of available licenses. If a license is issued and the monthly report and annual report to MAPA are required, the possibility of screening, stopping, and cancellation will be extremely low.
At the Federal Level, no more specific functions of the future license for sports betting have not yet been introduced (as of August 2023). Currently, specific departments are set up within the Ministry of Finance, and positions are being decided.
At the state level, the validity period of the sports betting license is five years, which is subject to a review if it violates the conditions specified by the obligations specified by the regulatory authorities.
2. 6 What are the main restrictions on providing services to customers by related products? This answer includes important sales promotion and advertising restrictions. Furthermore, according to the rules, businesses, their subsidiaries and / or parent companies acquire the rights of sports events held in Brazil, provide licensing, provide funds, and broadcast, distribute, and transmit the sounds and images. Reduction, duplication, distribution, use, or displaying, or displaying it is prohibited by any means.
- In addition, for the purpose of preventing matchfixing and promoting social liability, business owners, managers, directors, important influential people, managers, employees, and other public servants. Individuals under the age of 18, or individuals who may interfere with the consistency of the system and threaten, cannot bet.
- At the state level, Paranana and Rio have set various combinations and requirements for licensing based on their certified models.
- 2. 5 What is the outline of the following features of the license: (i) Vulnerable period (II) Vulnerability for screening, stopping, and cancellation.
- Horse racing enthusiasts must apply for a license for agents and agencies through MAPA. Horse racing businesses are fully responsible for agent's actions. Agents (individuals or corporations) are given a license to promote betting only in the specified location. Mapa issues a license for horse racing gambling called Carta Patente. The license has no expiration date, and there is no limit on the number of available licenses. If a license is issued and the monthly report and annual report to MAPA are required, the possibility of screening, stopping, and cancellation will be extremely low.
- At the Federal Level, no more specific functions of the future license for sports betting have not yet been introduced (as of August 2023). Currently, specific departments are set up within the Ministry of Finance, and positions are being decided.
- At the state level, the validity period of the sports betting license is five years, which is subject to a review if it violates the conditions specified by the obligations specified by the regulatory authorities.
2. 6 What are the main restrictions on providing services to customers by related products? This answer includes important sales promotion and advertising restrictions.
- MCA prohibits only advertisements of unmissed lotteries. There is no mention of advertising regulations on other gambling methods. Unrecognized lottery ads are sanctioned with fine.
- Nevertheless, the National Council of Advertising Independent Regulation (CONAR) has a general rule in Article 21 of its sel f-regulated code, which does not include criminal or illegal acts. It is set. Therefore, the penalties to be applied are specified in Article 50 of the MCA, including warnings, correction recommendations, and advertisements.
- The law, which allows sports betting throughout Brazil, even before the license is enacted and issues a license, has international businesses advertising to Braziles for betting activities and soccer teams. It means that you can become a sponsor. This is possible because sports betting is no longer illegal.
However, the provisional measures 1, 182/2023 allowed only businesses who have officially acquired the license to advertise in Brazil, which has changed this possibility. Provided, however, that this provision will only be effective within the deadline specified by the Ministry of Finance.
According to the current rules specified by the provisional measures 1, 182/2023, depending on the analysis of the future of the National Assembly, Brazil in Brazil, unless sports betting operators have a license issued by Brazilian authorities. You cannot become a soccer team sponsor or advertise the product to Brazilian audience.
- In addition, ads should not be as follows:
- All kinds of crimes, racial, social, political, religious, and stimulating national discrimination;
- Including words, images, and audio that may harm the sensibility of the viewer who is eligible for the advertisement;
Using consumer credibility, lack of knowledge, lack of experience;
Give fear without proper social reasons.
Use superstition.
Further requirements for responsible gambling should be more common in the future rules issued by the Ministry of Finance, including the possibility of restricting the amount, frequency, and amount of each event or butter.
In addition, CONAR will set additional restrictions and guidelines for the Ministry of Finance's regulations, and will issue specific recommendations for fixed odds lottery betting communication, advertising, and marketing.
2. 7 What are taxes and other forced collections?
Gambling activities are subject to corporate income tax (IRPJ) and social contributions on net profits (CSLL), which together amount to a general tax rate of 34%. The CSLL rate is 9%. The IRPJ rate is 15% plus a 10% surcharge on taxable income over BRL 240, 000 per year.
The effective tax rate depends on the system adopted by Brazilian legal entities to calculate the IRPJ and CSLL (real profits system or deemed profits system). Companies with total revenues of over BRL 78 million in the previous fiscal year are subject to the real profits system by default.
3. Online/Mobile/Digital/Electronic Media
Under the real profits system, taxation depends on accounting net profits, adjusted by a combination of non-deductible expenses and exclusions of certain amounts. Social Integration Program (PIS) and Social Security Financial Contributions (COFINS) are subject to non-cumulative tax at rates of 1. 65% and 7. 6%, respectively, and the use of acquisition credits is permitted.
Under the deemed profits regime, the tax base for services rendered is 32% of the company's total income (accrual or cash basis). PIS and COFINS are subject to a collective accumulation regime, with rates of 0. 65% and 3% respectively, with no option to use credits.
In addition to the normal corporate tax, the following taxes are levied on gambling:
Instant lottery - LOTEX
The total income of a LOTEX operator is 18. 3% of its total turnover. This forms the tax base for PIS (1. 65%), COFINS (7. 6%) and Municipal Service Tax (ISS) (2%-5%).
According to Article 732 I of Legislative Decree No. 9, 580 of 22/11/2018 and Article 56 of Law No. 11, 941 of 27/5/2009, lottery winnings exceeding the amount of the first tier of the monthly personal income tax table (i. e. BRL 1, 903. 98) are subject to withholding at a rate of 30%.
If the prize offered is in the form of goods or services, income tax is withheld at a rate of 20%, as provided for in Article 733 of Legislative Decree No. 9, 580 of 22/11/2018.
Horse racing betting
According to Article 737 of Decree No. 9, 580 of 22 November 2018, prize money paid to jockeys, breeders and jockeys is subject to withholding tax at a rate of 15%.
4. Enforcement and Liability
According to Article 732 II of Decree No. 9, 580 of 22 November 2018, bettors' prize money is subject to income tax withholding at a rate of 30%.
Sports betting
According to the Act No. 14, 183, July 14, 2021, which revised Article 30 of December 12, 2018, Article 30 of the 30th, 0. 10 % and 0. 05 % of lan d-based and online total handling and sales. Must pay. Currently, the provisional measures 1, 182/2023 also stipulates that GGR is income after deducting prices and income tax payments for prizes. GGR is regarded as a taxation standard for many relocation to public funds as follows: 2. 55%for an educational organization that meets the national requirements for basic education evaluation by the Ministry of Education, which is 10%of social security and 0. 82%. Is the Public Safety National Fund (FNSP), and 1. 63%are the largest in Brazilian sports organizations that transfer the right to use the right to use fixed odds betting lotteries, brands, emblems, supporting songs, symbols, etc. 82%are the cost and maintenance cost of the operator, and 3%is the Ministry of Sports.
The Law No. 14. 455/22 has approved the administrative government to create health and sightseeing lottery, but has not yet been adopted. These lottery operators can provide a lottery game for numerical predictions, a lottery game of sports forecasts and a fixed odds sports bed lottery in physical and virtual environments. The approved text only changes the destination of the lottery's social contribution, and as follows, the proportion of 95%of the operator is established: 3. 37%, sightseeing in the FNS-National Health Fund in the case of health lottery. In the case of lottery, you will be paid to the Brazilian Tourism International Promotion Agency-Embratur. 1. 63%is based on Brazil sports organizations that have transferred the rights, brands, emblems, anthem, symbols, etc. for the spread and execution of fixed odds lotteries. The value of the prize money that was not charged by the new lottery player will be returned to FNS (health lottery) and EMBRATUR (sightseeing lottery).
Regarding players, according to the first stage of the individual income tax monthly statement according to Article 7, 580 II, No. 9, 580 II, No. 11 and 941, 2009, Article 56 of the Personal Income Tax Monthly Table (that is, 2, 112BRL (that is, 2, 112BRL) ) The prize of a fixed odds sports betting lottery that exceeds) is a withholding tax rate at a 30 % tax rate.
poker
In the tournament, the total income of the operator is calculated by subtracting the amount secured for the prize pool from the total of the tournament participation fee. This is a tax criteria for PIS (0. 65%or 1. 65%), COFINS (3%or 7. 6%), and ISS (2%to 5%).
In the ring game, the total income of the operator is a rake collected by each played hand. This is the tax basis for PIS (0. 65 % or 1. 65 %), COFINS (3 % or 7. 6 %), and ISS (2 % to 5 %).
According to the Instructions of the Brazilian Taxation Bureau, if the prize requires the performance of the participants, the prize is considered a labor fee, whether the prize is paid in cash or the form of a product or service. Therefore, if the prize money is paid to an individual who lives in Brazil from a Brazilian corporation and pays tax, the prize money is subject to the withholding of the personal income tax calculated based on the following progressive rate:
0 from BRL to 2, 112 BR L-Income tax exemptio n-No deduction;
5. Anticipated Reforms
From 2, 112. 01BRL to 2, 826. 65BR L-7. 5%withholding ta x-158. 40brl is deducted;
From 2, 826. 66 BRL to 3, 751. 05 BR L-15%withholding ta x-370. 40 BRL can be deducted;
From 3, 751. 06 BRL to 4, 664. 68 BR L-22. 5%withholding ta x-651. 73 BRL is deducted.
4, 664. 69BRL or mor e-27. 5%withholding ta x-884. 96BRL can be deducted.
Production Editor's Note
2. 8 What are the widespread social responsibility requirements?
- At the time of this writing (August 2023), there is no clear social responsibility requirement for gambling activities. However, Kaisha, a federal lottery operating company, has voluntarily established a responsible gambling program with the aim of matching its lottery practices with the world's most superior lottery practice.
- Roughly speaking, the general rules of the Consumer Law (Act No. 8078, 1990) are fair in relation to sincerity, fair conditions, proper practices, and consumers. It stipulates that it must be complied with the general principles of further principles to secure, that is, the weaknesses and weaknesses of consumers. In the < SPAN> tournament, the total income of the operator is calculated by subtracting the amount secured for the prize pool from the total number of tournaments. This is a tax criteria for PIS (0. 65%or 1. 65%), COFINS (3%or 7. 6%), and ISS (2%to 5%).
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