In brief
By means of Decree 293/2022 published on the Official Gazette on 2 June 2022 (“Decree“), the Executive Branch ruled the tax on online gambling (“Tax“).
In focus
The provisions of the Decree are as follows:
- Taxpayer: The gambler.
- Collection agent of the Tax: The Tax will be collected as follows:
- Online gambling organized/exploited by Argentine residents: The collection agent will be the Argentine operator/licensee of the online gambling operation.
- Online gambling organized/exploited by non-Argentine residents: The collection agent will be the Argentine intermediary that facilitates the payment of the bets.
- Tax rates.
- Online gambling organized/exploited by Argentine residents registered with the ROCBS: 5%.
- Online gambling organized/exploited by Argentine residents registered with the ROCBS that comply with: (i) investments of more than ARS 200 million as from 1 January 2021; and (ii) a minimum workforce of 20 employees (30 employees for employers registered as from 2 June 2022) to be increased in a 20%: 2.5%.
- Online gambling organized/exploited by Argentine residents that do not comply with the requirement to be registered with the ROCBS: 7.5%.
- Online gambling organized/exploited by non-Argentine residents that: (i) comply with the rules related to the registration with the ROCBS; and (ii) are not located in “non-cooperative jurisdictions” in exchange for tax information agreements with Argentina or those “low or null taxation jurisdictions”: 10%.
- Online gambling organized/exploited by non-Argentine residents that: (i) do not comply with the rules related to the registration with the ROCBS; or (ii) are located in “non-cooperative jurisdictions” in exchange for tax information agreements with Argentina or those in “low or null taxation jurisdictions”: 15%.
- Payment of the Tax.
- The Federal Tax Administration (FTA) shall set forth the terms and conditions for the payment of the Tax.
- For online gambling organized/exploited by non-Argentine residents, the FTA shall publish the list of the non-Argentine entities that organize/operate online gambling so that the Argentine intermediaries that facilitate the payment of the bets may collect the Tax.
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