iGB E-zines iGB e-zine Portugal | Page 6

Part 1: The regulatory backdrop above €5m, though with a limit set on the tax take of 30% of total gross revenues. For sports betting, a separate regime was introduced that sees an 8% turnover tax applied on all revenues up to €30m and then a further 8% (i.e. 16% in total) applied on revenues above that figure (see Table 1). It is the tax regime that severely blunted the enthusiasm of international gaming operators to take up licences. Indeed, as of this summer only 13 have been issued, with half going to licensees from abroad. There have been five licences issued for sports betting and a further eight for online gambling. The only recognised international operators are Betclic and PokerStars (which remains the only poker licensee), while homegrown competition comes from Bet Entertainment Technologies (bet. pt), Casino Portugal and Casino Estoril (both of which also now run sports betting operations) and finally Jogos Santa Casa’s Placard. pt sports betting offering. Another relatively new entrant is Nossa Aposta (Our Bet). Óscar Madureira, a lawyer at Lisbon-based practice Rato, Ling, Lei and Cortes, points out that the tax regime installed by Reduced revenues may mean suppliers feel they cannot generate sufficient income in these jurisdictions in respect of services supplied and could be reluctant to enter into agreements Gavin West, Smith Cooper the Portuguese authorities is among the costliest in Europe. “The current tax regime (uses) turnover as tax base as opposed to the gross gambling revenue (regimes) used by the majority of Europe’s regulated jurisdictions,” he points out. “It makes Portugal one of the most expensive jurisdictions for operators to provide their services in, and therefore highly unattractive.” The perils of high-tax gaming regimes for the business models of most online operators are laid out by Gavin West, director of VAT tax advisory at Smith Cooper. “High gaming taxes can price certain operators out of a market,” he says. “This can be even more the case where an operator is buying in services from third parties rather than developing in-house.” As West points out, platforms and software content are often supplied under revenue share arrangements, which are calculated on gross wins less any gaming taxes paid. “Reduced revenues may mean that suppliers feel they cannot generate sufficient income in these jurisdictions in respect of services supplied and could be reluctant to enter into agreements,” he suggests. “Alternatively, they could impose minimum payment thresholds on operators thus protecting their income but making it too expensive for operators.” The peculiarities of the taxation Table 1: Portugal tax rates breakdown Product 6 Initial tax rate (on turnover) (%) Upper rate threshold Effective upper tax rate (%) Sports betting 8 €30m 16 Gaming 15 €5m 30 Portugal: The challenges and potential in one of Europe’s most controversial markets