Clarifications on tax treatment of PAGCOR, its licensees and contractees

In a report to Finance Secretary Carlos Dominguez III, the BIR also said it has signified its intention to join the interagency task force led by the Department of Labor and Employment (DOLE) and the Bureau of Immigration (BI) that aims to check and monitor the number of Chinese nationals who are working in the on-line gaming industry. Funding.�The amounts necessary to carry out the provisions of this Order shall be taken from available appropriations in the CY 2017 General Appropriations Act of the concerned agencies , subject to applicable budgetary rules and regulations. Thereafter, appropriations for the implementation of this Order shall be incorporated in the regular budget of the concerned agencies. These incomes are subject to regular CIT, VAT, and other applicable taxes under the Tax Code. On the other hand, income from “other related operations/services” shall be subject to CIT, VAT, and other applicable taxes under the Tax Code.

This research will help you tailor your offering to the local market and identify any gaps or opportunities that your business can fill. The Philippine government has also played a significant role in the growth of the industry, with the Philippine Amusement and Gaming Corporation (PAGCOR) regulating and promoting the sector. “BPO companies are registered with PEZA or the Board of Investments (BOI), while POGOs are registered with PAGCOR. While BPOs and POGOs share one extraneous similarity, which is their offshoring nature, POGOs primarily do so because they are allegedly unable to practice their betting or gambling functions in their respective shores,” said in the IBPAP statement.

In short, PAGCOR is exempted from corporate income tax (CIT), VAT, and other direct or indirect taxes. Under its Charter, the Philippine Amusement and Gaming Corporation (PAGCOR) was given the mandate to regulate, operate, authorize, and license games, particularly casino gaming in the Philippines. Through this mandate, PAGCOR is expected to generate revenues for the Philippine Government’s socio-civic and national development programs, as well as help promote the Philippine tourism industry.

PEZA does not have an authority to issue license to operate gambling casinos and online gambling in the country. The 5% franchise tax shall be payable directly to the BIR, specifically to the concerned Revenue District Office (RDO) where the Licensee is registered. This franchise tax is different and distinct from the license/regulatory fees paid by Licensees to PAGCOR. Income realized from related services/operations that are not duly registered with the concerned IPA shall be subject to regular CIT, VAT, and other applicable taxes under the Tax Code. Additionally, ensure ongoing compliance with regulations and risk management practices to establish a successful and sustainable online gaming business in the Philippines. Taguig City – Philippine Economic Zone Authority (PEZA) Director General Charito “Ching” Plaza on Sunday emphasized that PEZA does not register online gambling as it is not part of the law governing the investment promotion agency’s (IPA) mandate.

This amount represents the 5% franchise tax on PAGCOR and its Licensees/Proponents based on its annual audit report for the year 2020 posted on PAGCOR’s website. After its establishment, PAGCOR entered into a contract with Philippine Casino Operators Corporation (PCOC) for the operation of the floating casino in the Manila Bay in 1977. However, after the floating casino was gutted by fire in 1979, PAGCOR shifted its focus to land-based casinos and entered into another contract with PCOC for the management of a casino at the Provident International and Resources Corporation (PIRC) building on Imelda Avenue, Parañaque City, Metro Manila, Philippines. Then, under Presidential Decree 1869, decreed in 1983, it was mandated to act as the sole government corporation conducting and establishing gaming pools and casinos in the country.

Philippines gaming license

Step 5: Market Your Business

Moreover, in the 2022 RMC, PAGCOR’s tax exemption extends only to those that have contracted with PAGCOR in connection with PAGCOR’s gaming operations. This effectively excluded PAGCOR Licensees, resulting in their revenue from gaming operations being considered subject to VAT. This is contrary to a 2021 SC decision that affirmed that the tax exemption under Section 13(2)(b) of Presidential Decree No. 1869 (or the PAGCOR Charter) extends to both Contractees and Licensees of PAGCOR. Following the hierarchy of laws, the 2022 RMC should have followed the 2021 SC decision. Currently, there are two main types of offshore gaming licensees in the Philippines. Foreign-based POGO Licensees must have an appointed Local Agent which has to be PAGCOR-accredited.

Residents near POGO establishments have also expressed alarm about the establishments serving as breeding grounds for crime and human rights violations. Immigration violations gcash casino are also a concern with foreign nationals employed by POGOs apparently illegally entering and residing in the Philippines. Add to these the potential national security concerns, many are now calling for a total ban of POGOs.

  • Repeal.�All executive orders, rules and regulations and other issuances or parts thereof which are inconsistent with this Executive Order, are hereby revoked, amended, or modified accordingly.
  • Additionally, ensure ongoing compliance with regulations and risk management practices to establish a successful and sustainable online gaming business in the Philippines.
  • The Philippine government has also played a significant role in the growth of the industry, with the Philippine Amusement and Gaming Corporation (PAGCOR) regulating and promoting the sector.

Step 6: Ensure Compliance and Risk Management

Philippines gaming license

With the applicability of the 5% franchise tax, for PAGCOR’s Licensees located in Ecozones/Freeports, the Special Corporate Income Tax (SCIT), Income Tax Holiday (ITH), or corporate income tax, no longer applies to income from gaming operations. The incentives granted by the concerned Investment Promotion Agency (IPA) will only apply to their income from other related services/operations or non-gaming operations that are covered by their registration with the IPA. For a PAGCOR Licensee electing to pay 5% SCIT, its income from other related services/operations or non-gaming operations is exempt from regular corporate income tax and VAT.

Philippine Amusement and Gaming Corporation

Significant provisions require that licensees must have a capital of P100 million, of which P25 million must be paid up. As the troubled industry generates news that ranges from controversial at best to illegal at worst, it would be good to know more about POGOs and how they affect us. The main regulatory bodies for the industry are PAGCOR and the Cagayan Economic Zone Authority (CEZA).

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