Brazil president signs into law regulation of sports betting and online gambling

President Luiz Inácio Lula da Siva (PT) sanctioned the law regulating the sports betting and online gambling market in Brazil. After intense negotiations with Congress in 2023, the government achieved its goal and the president signed Law 14.790/23 (which was processed as PL 3.623/23 in Congress) with vetoes.

The confirmation was published in an extra edition of the Official Gazette on December 30.

Approved by the Chamber of Deputies on December 21 - with the inclusion of online casinos in the text - the law is one of the measures advocated by the government's economic team to increase federal revenue. Among the vetoes was the section exempting from taxation prizes of less than BRL 2,112 ($435).

The new law establishes a tax rate of 12% on the income of bookmakers, minus the payment of prizes. Players, on the other hand, will have to pay 15% of their winnings when they win a prize.

The amount of the license to operate in the country was set at BRL 30 million ($6,179,700), and only companies incorporated under Brazilian law, with headquarters and administration in the country and with at least one Brazilian partner may operate sports betting.

According to the law, minors under 18 years of age will not be allowed to place bets. It also prohibits the participation of owners and people who work in betting companies, public agents linked to the regulation and control of the betting market, people who have access to the computerized betting system, people who have or may have influence in the outcome of the games, such as sports leaders, referees and athletes, and people diagnosed with compulsive gambling, which is a compulsion for gambling.

Additionally, the text creates rules for the operation of online games and casinos, a section that was included again during the vote in the Chamber of Deputies.

The legislation also defines rules for advertising and publicity in gambling sites and establishes offenses and sanctions in case of non-compliance with the rules established by law.

The complete text of Law 14.790/2023 can be consulted in BNLData.

Vetos

The veto of the article exempting from taxation prizes below BRL 2,112 ($435) was recommended by the Ministry of Finance. In the justification sent to Congress, the government stated that maintaining this section would jeopardize "tax equality".

"It would result in the income tax being charged differently from that charged on other lottery modalities, thus making a distinction in tax behavior," the Executive argued.

The other vetoes referred to the proposed rules to allow commercial promotion and the filing of complaints, investigations, and accountability related to the distribution of prizes and sweepstakes of up to BRL 10,000. 

The vetoed sections will be analyzed by the National Congress. In joint session, deputies and senators may maintain or override the presidential vetoes.

Division of resources

The division of the funds raised by the government will be as follows:

• 36% for the Ministry of Sports and sports committees;
• 28% for tourism;
• 13.6% for public safety;
• 10% for the Ministry of Education;
• 10% for social security;
• 1% for health;
• 0.5% for civil society organizations;
• 0.5% for the Fund for Equipment and Operationalization of the Final Activities of the Federal Police (Funapol);
• 0.4% for the Brazilian Industrial Development Agency.