Uk betting point of consumption tax definition

Before online gambling was a little like the wild west, companies could set up wherever they wanted to to offer betting services to the UK. The Gambling Act created a new body, the Gambling Commission , with a remit to regulate and license all forms of gambling in the UK to make it safer and more transparent for customers and the government.

Betting companies based abroad however, while now licensed, could still get away with paying little or no tax on the profits they made from UK customers. This in effect made it unfair to companies based in the UK who would still have to pay tax on revenue. Therefore in an amendment to the gambling act focused specifically on online betting by introducing a new point of consumption tax. It is true that most operators simply passed these charges onto the customer in the form of poorer odds but this at least created a level playing field.

The new tax is basically the government trying to get a bigger slice of this pie. Gambling can cause harm to some people, and as with alcohol or cigarettes it is fair to tax it at a special rate, but only as long as the levy is used properly, for things like helping with gambling addiction.

If this is the case most will not mind the new rate, if however it is just a tool for the treasury to get more cash then it will ultimately be the punter that loses out the most. At this point the language is a little ambiguous. In theory this should mean it will not apply to sports betting online, and only to online gaming.

It all depends on how the new tax is formatted however. We will know more in the coming months and will update this page as new relevant information becomes available. Assuming the tax will only apply to gaming then it will only effect those that predominantly play games online, not sports bettors.

Players and punters will notice little difference on the face of it at least. The same games will be available and as yet no stake limits or other restrictions have been proposed that will change the nature of how people play games online. What will change is the odds you get and the percentage return to player from within games.

Largely the new tax will be passed on directly to the customer and this will mean you will get less value, i. Fixed-odds games already have lower margins than sports bets, simply because there is less variability to take account of. A sports market is influenced by many human and environmental factors that do not matter when it comes to games.

Therefore even with this new tax a spin of the reels on a slot game is still going to be better value on an individual bet basis than a sports bet. To the extent that advertising is permitted, how is it regulated? Since 1 November , an operator must hold a licence from the Commission to advertise in the UK.

However, the Commission has confirmed that advertising-only licences will not be granted. Bringing facilities for gambling or information about them to the attention of one or more persons. Participating in or facilitating an activity, knowing or believing that it is designed to either encourage one or more persons to take advantage whether directly or through an agent of facilities for gambling, or increase the use of facilities for gambling by bringing them or information about them to the attention of one or more persons.

Section , Act. This definition is extremely wide and covers most forms of advertising and marketing, including potentially, online advertising and emails to customer databases. The Secretary of State can pass regulations relating to gambling advertising by controlling the form, content, timing and location of advertisement for gambling, including requirements for specified words to be included in advertisement. At the time of writing, no Secretary of State has exercised this power since the Act came into force on 1 September In December , a voluntary "whistle to whistle" sports betting advertising ban was agreed by betting companies.

On 1 August the fifth edition of the Gambling Industry Code for Socially Responsible Advertising Industry Code came into force, which includes a ban on all TV betting adverts during pre-watershed live sport starting five minutes before the event begins, and ending five minutes after it finishes, including breaks in play such as half-time periods. Relevant offences It is an offence for a person to invite another person under 18 years of age to gamble section 46, Act.

In addition, it is an offence to advertise "unlawful gambling" section , Act. Gambling is "unlawful" if, for it to take place as advertised without the commission of an offence under the Act, it is or may be necessary to rely on a licence or exception under the Act. Therefore, if the provision of facilities for gambling is an offence as the appropriate licence is not held , the facilities cannot be advertised in the UK.

The Commission can take enforcement action against those not permitted to advertise and can seek to prosecute. All advertising must be undertaken in a socially responsible manner and in compliance with the advertising codes of practice and the industry code of practice on advertising ordinary code provision 5.

The Industry Code, which applies to all gambling advertising in the UK. The LCCP. All advertisements must also be legal, decent, honest and truthful and prepared with a sense of responsibility to consumers and to society. The ASA does not have criminal sanctions at its disposal to enforce the Codes, however, if an advertiser failed to comply with a direction to withdraw an advertisement, which was in breach, this could prompt the Commission to review the operator's licence.

Further, the ASA issues a list of non-compliant advertisers to media outlets, so failure to comply with a direction is likely to lead to the operator being unable to advertise in the UK in the future. There have been a raft of ASA adjudications upheld against operators in recent years, including the most complained about advertisement in from Paddy Power, which offered "money back if he walks" for punters betting on the outcome of the Oscar Pistorius murder trial.

In February , the ASA issued guidance Gambling advertising: responsibility and problem gambling , which was intended to help marketers and agencies interpret the CAP and BCAP's gambling rules as they relate to responsibility and problem gambling issues. In April , the ASA also published updated guidance Gambling advertising: protecting children and young people on CAP and BCAP gambling rules, as applicable to all media, including online channels such as social media.

Most recently, in April , the ASA published an advice note Social media marketing of gambling on eSports to assist operators on how to comply with advertising rules when creating marketing for gambling on eSports on social media. Additionally, the marketing provisions of the LCCP provide, among others, that licensees should only offer incentive or reward schemes in which the benefit available is proportionate to the type and level of a customer's gambling.

In addition, when offering inducements and bonuses, such as free bets or points, the value of the inducement must increase at a rate no greater than the amount spent. Additional restrictions in relation to marketing were introduced in and in relation to free bets, digital advertisements and affiliate marketing. Developments and reform Legal development Has the legal status of land-based and online gambling changed significantly in recent years, and if so how? Land-based gambling See Question 4, Gaming machines.

Online gambling See Question 1 regarding the regulation of online gambling moving from a point of supply to a point of consumption. On 31 March , the Commission implemented a multi-operator self-exclusion scheme known as GAMSTOP which enables players to restrict their online gambling by self-excluding from online operators with a single request, rather than requesting exclusion from each operator individually.

Participation and integration with the scheme are now mandatory. On 14 April , the Commission implemented a ban on the use of credit cards for all forms of gambling. Advertising See Question Reform Are there any proposals for reform?

Land-based gambling Consumer protection, responsible gambling and AML are areas of high priority to the Commission. This is reflected in the Commission's continued enforcement approach, which has seen numerous operators face significant fines in the past few years for example, Betway Limited and Caesars Entertainment UK agreed record penalty packages totalling GBP The shortcomings faced by these operators in relation to responsible gambling and AML is included in their public statements and provides a useful indication of the Commission's level of focus on these areas.

Since November , the Commission has revoked: Nine operating licences. Nine PMLs. There have also been a number of occasions when operators or personal management licence holders have surrendered their licences rather than face the prospect of regulatory action by the Commission. Additionally, there is ongoing increased focus on PMLs, which is again reflected in various high-profile enforcement cases in the last two years.

The Commission's abovementioned areas of high priority were also reflected in the Chief Executive's speech on 2 October at a CEO Breakfast Briefing in which he looked back at the year, talked about the challenges in the industry and discussed the following three opportunities to reduce gambling harm: Opportunity one: game and product design.

Opportunity two: inducements to gambling. Opportunity three: advertising technology. The following industry working groups were formed in January , in pursuit of these opportunities: Safer Products Working Group. Safer Advertising Online Working Group. On 1 April the Commission published an update on its "collaborative work" with the industry working groups, which included over 30 licensees, co-ordinated by the BGC, and involved GamCare and people with lived experience of gambling harm.

The working groups' detailed outputs include industry codes and Commission consultations to introduce changes to the LCCP. Gambling was the forefront of many parties' election manifestos, with the Conservatives, Labour, Liberal Democrats and Scottish National Party all calling for reform of the Act.

The review of the Act was confirmed on 19 December in the Queen's Speech.

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