Gonzalo Pérez, Carlos Sarmiento and Yuri Guerra
On the other hand, the regulator Yuri Guerra has an open-door policy so he is always open to consultations from the private sector. I think it will be very productive for both sides of the table, for the private sector and for the public sector, and mainly for those who want to continue investing in the online gaming industry in Peru.
Taking into account the fiscal news regarding iGaming in Peru, what are the opportunities and obstacles for regulated online gaming in this country?
The good that MINCETUR does with the regulation of gambling is erased by the Ministry of Economy when the Executive Branch exercises its taxing power. The mistakes made in Legislative Decree 1,644, with a selective tax on players of platforms of non-domiciled companies so poorly regulated, is not an isolated event. They occurred before with Legislative Decree 776 in 1993, Legislative Decree 821 in 1996, and with Legislative Decrees 1411 and 1419 in 2018. In all of them it is evident that, in the tax area, the Executive Branch fails to understand that the nature of betting games is to be a delimitable economic activity capable of having a uniform tax treatment. Therefore, it continues to generate violations of the principle of equality and constitutional processes.
Gambling games are characterized by being plural, competitive, rule-based, and patrimonial games. It is the latter that most motivate the State to intervene in their regulation since the result of the game can modify the patrimonial situation of its participants. Consequently, there is a public interest in its control and also a justifiable contributive capacity to create an additional tax, as long as its parameters are to finance the additional costs generated to the State by the control of this new activity and to reduce any negative externality that may be caused by its implementation.
But it is absurd -and unfortunately recurrent- that due to the inability of the authorities of the Executive Branch to comply with their general task of enforcing general tax obligations (for example, income tax), they seek as a solution to their deficiencies to create without justification any tax on gambling games, affecting constitutional rights by the improper and uncontrolled practice of their taxing power.
What legitimacy does the Executive Power have to demand taxes without control and without asking for the opinion of the sector on which the tax is imposed? Where is the control work of the Congress? Do we always have to go through the tortuous path of the constitutional process to enforce constitutional rights? That is why training in and knowledge of this sector is important, and events such as the SBC Summit Latin America contribute decisively to this.
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Publish date : 2024-10-24 23:44:00
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