Eternity Law International — News — Gaming license in Portugal

Gaming license in Portugal

Published:
October 10, 2023

Portugal is a prosperous country that has proven itself as a good jurisdiction to start many enterprises. Now we will look at all types of gambling permits in country.

Varieties of Permits

  • The SRIJ issues few categories of permissions for online gambling in Portugal operators, including:
  • Online Sports Betting Permit: This grants operators the privilege to proffer sports betts amenities to Portuguese patrons.
  • Online Casino License: Operators with this permit can supply an array of casino diversions, such as slot machines, table games, and live dealer experiences, to Portuguese enthusiasts.
  • Online Poker Permission: This permit bestows operators the capacity to host poker games and contests on their platforms.

Existent Permits

  • There are four categories of permissions for online Gaming in Portugal:
  • Fixed-odds sports wagering.
  • Totalisator/pari-mutuel and fixed-odds betting on horse racing.
  • Bingo.
  • Games of chance, including:
    • Baccarat punto banca/Baccarat punto banca Macau
    • Blackjack/21
    • Slot machines
    • Competitive poker
    • Poker variations such as “Omaha,” “hold’em,” and “synthetic”
    • Caribbean stud poker
    • American and French roulette.

The adjustment authorities have not established a maximum limit on the number of permits that can be issued.

Qualification

To be eligible for an e-gambling permit, the following circumstance must be met:

  • The operator must be threaded as a public limited company (sociedade anónima) or its counterpart in an EU associate state or an EEA state that is bound by organizational partnership in taxation, fraud prevention, and anti-money laundering.
  • Enterprises not formed under Portuguese law must establish a branch in Portugal.
  • The operator must have its tax and social security matters in order in Portugal or in the state where its primary establishment is located.
  • The operator must possess good reputation(idoneidade) and meet the technological, economical, and monetary capacity demands outlined in the RJO. These demands are notably stringent and demanding.
  • The operator must submit a comprehensive plan for the specialized aspects of the e-gaming system.
  • The operator’s corporate purpose must state that it provides gamble favors.

Application procedure

The request for a permission must be submitted on the prescribed form endorsed by the SRIJ, accompanied by the necessary documentation to demonstrate conformity ith the eligibility criteria. The issuance of the permit to work an online gambling program is subject to:

  • Certification and official approval of the e-gaming technical system.
  • Remittance of penalties imposed under the RJO.
  • Remittance of fees associated with the permit request and technical system approval.
  • Remittance of applicable deposits to the SRIJ.

Once all the requisite documentation has been collected and submitted to the SRIJ, the request approach typically takes between 9 to 15 months to complete.

License Term and Costs

Online gaming permits are valid for 3 years and can be renewed for successive three-year periods if the operator continues to meet the legal demands.

  • Initial approval: EUR 18,000 (plus EUR 2,000 for each betting category, game of chance type, and new game of chance type authorized under Article 12(2) to (4) of the RJO).
  • Approves for the issuance of a new license: EUR 2,000 for each betting category, game of chance type, and new game of chance type authorized under Article 12(2) to (4) of the RJO.
  • Approves for the operation of game types not included in the original permission: EUR 2,000 for each game of chance type.
  • Approves for the operation of new game types authorized under Article 12(2) to (4) of the RJO: EUR 2,000 for each new game of chance type.

The costs for issuing or extending permissions are as follows:

  • Fixed-odds sports betting: EUR 12,000.
  • Totalisator/pari-mutuel and fixed-odds horse race betting: EUR 12,000.
  • Bingo: EUR 2,000.
  • Baccarat punto banca, French banque, blackjack/21, slot machines, tournament poker, poker variations (e.g., “Omaha,” “hold’em,” and “synthetic”), and American and French roulette: EUR 12,000 plus EUR 2,000 for each new game of chance type authorized under Article 12(2) to (4) of the RJO.
  • Authorization for the operation of new game types under Article 12(2) to (4) of the RJO: EUR 2,000 for each new game of chance type, adjusted based on the remaining duration of the license.

If the request is approved, the applicant must also furnish the SRIJ with two deposits:

  • EUR 500,000 as a guarantee of observance with legal commitments.
  • EUR 100,000 as a guarantee of remittance of the online gaming special tax.

Change in Corporate Control

Permit transfers/assignments can only occur with prior authorization from the supervisory and adjustment body. A license transfer/assignment takes place in the event of a corporate restructuring that results in the transfer:

Of the permission to another entity via methods like mergers, splits, or asset transmissions, among others.

In any legal form, of a direct or indirect stake in the operator’s share capital whereby the acquirer will hold the majority of the operator’s share capital or have a majority of votes or the ability to appoint more than half of the members of the board of directors.

How to Obtain an Online Casino Licence from Portugal

Obtaining an online casino permit in country involves a meticulous request procedure through the Serviço de Regulação e Inspeção de Jogos do Turismo de Portugal (SRIJ). Operators must meet specific eligibility criteria, including incorporation as a public limited company, conformity with tax and social security Portugal Gambling Regulation, and demonstrating technical and monetary capacity. The request typically takes six to 18 months to complete, and the procedure includes certification of the gamble technical system and remittance of various fees. It’s essential to thoroughly review the adjustment demands and engage legal counsel familiar with Portuguese gaming laws to navigate this procedure successfully.

What is the gaming tax in Portugal?

In Portugal, the gaming tax varies depending on the type of game. For example, operators presenting fixed-odds sports betting and casino games are subject to a 25% tax on gross gaming revenue. The surcharge structure is outlined in the gaming constraints, and operators are obligated to perform with these tax obligations.

What is the easiest country to get a gaming license?

The ease of acquiring a Portugal online gaming license varies from country to country and depends on several factors, including the adjustment framework, the type of permit, and the applicant’s conformity with eligibility demands. Some lawfullments are known for having more straightforward permitting processes, while others are more stringent. Malta, Isle of Man, and Curacao are often considered relatively accessible for e-gambling permissions, but it’s essential to conduct thorough research and consider the specific needs and goals of your gaming function when choosing a lawfulment.

Is online gambling legal in Portugal?

Yes, e-gaming is lawful and controlled in country. The state entered its online gaming adjustment substructure in 2015, which permits various forms of online gaming, including sports betting, casino games, poker, and bingo. The industry is overseen by the Serviço de Regulação e Inspeção de Jogos do Turismo de Portugal (SRIJ), which ensures conformity with the law and player protection measures.

Are gambling winnings taxed in Portugal?

In Portugal, gambling winnings obtained through lawful and controlled means, such as permitted online casinos and sportsbooks, are generally not subject to taxation. However, there may be exceptions or specific circumstances that could impact the tax treatment of gambling winnings, so it’s advisable to seek guidance from a tax professional or legal expert to ensure conformity with Portuguese tax laws.

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