But should the Licensees be contracted with PAGCOR in connection with the latter’s gaming operations, then the sale of goods and/or services performed with PAGCOR in relation to such gaming operations is subject to 0% VAT. By following the step-by-step guide provided in this article, you can navigate the process of starting an online gaming business in the Philippines and tap into the exciting potential of this market. The country’s favorable regulatory environment and strong infrastructure have made it a preferred destination for foreign investors looking to establish online gaming operations in the region. The country’s gaming market is fueled by a strong demand for online casino games, sports betting, and esports, as well as a growing popularity of mobile gaming among Filipinos. The Philippines has become a major player in the global online gaming industry, with a market size that is expected to reach PHP 35.4 billion by 2025, according to Statista. The country’s love for games and its young, tech-savvy population have contributed to the rapid growth of the online gaming industry in the Philippines.
The Philippines is a gaming hub in Southeast Asia, with a growing online gaming market and a thriving casino 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.
- 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.
- In short, PAGCOR is exempted from corporate income tax (CIT), VAT, and other direct or indirect taxes.
- Significant provisions require that licensees must have a capital of P100 million, of which P25 million must be paid up.
- On the other hand, income from other related operations/services or from non-gaming operations pertains to income from the operation of necessary and related services, shows and entertainment.
- The 5% franchise tax shall be payable directly to the BIR, specifically to the concerned Revenue District Office (RDO) where the Licensee is registered.
- However, if the Licensees are also contracted with PAGCOR in connection with the latter’s gaming operations, then the sale of goods and/or services performed with PAGCOR in relation to such gaming operations is subject to 0% VAT.
However, if the Licensees are also contracted with PAGCOR in connection with the latter’s gaming operations, then the sale of goods and/or services performed with PAGCOR in relation to such gaming operations is subject to 0% VAT. The Bureau of Internal Revenue (BIR) has asked the cooperation of the Philippine Amusement and Gaming Corp. (PAGCOR) on requiring foreign and Philippine-based offshore gaming operators (POGOs) to register with the tax agency before their licenses to operate can be renewed by the state-run firm. This blog post will provide a step-by-step guide on how to start an online gaming business in the Philippines, covering everything from understanding the market to obtaining the necessary licenses and ensuring compliance with regulations. All gambling activities, and activities and services directly or indirectly related to or in support of such gambling activities, conducted beyond the territorial jurisdiction of the government authority which issued the license therefor, shall be dealt with as illegal gambling. The same law enforcement agencies are further directed to coordinate and promptly act on requests of gambling regulatory authorities to investigate and put a stop to illegal gambling activities in their respective jurisdictions. For Licensees that are located in ecozones/freeports, their income realized from services/operations that are duly registered with their concerned Investment Promotion Agency (IPA) shall be subject to either 5% gross income tax (GIT) or income tax holiday (ITH), whichever is applicable.
POGOs: Stay or go?
Aside from these, PAGCOR has also been tapped to provide funds for the implementation of vital laws such as the Comprehensive Dangerous Drugs Act of 2022 which is for the establishment, maintenance and operation of drug rehabilitation centers in the country, and the Sports Incentives and Benefits Act which provides monetary rewards to athletes who win in international sports competitions. Each structure has different legal and tax implications, so it is important to consult with a legal professional to determine the best option for your business. PAGCOR has released a revised regulation for POGOs known as the Internet Gaming Licensing Regulations, which have the aim of strengthening and maintaining the highest standards of integrity for POGOs.
Step 2: Choose a Legal Structure
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.
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.
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.
However, POGOs have again recently been attracting controversy for illegal activities conducted within their premises. Residents near POGO establishments have also expressed alarm about the establishments serving as breeding grounds for crime and human rights violations. Immigration violations 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.
Step 6: Ensure Compliance and Risk Management
Constituted as a withholding agent, PAGCOR shall withhold the appropriate taxes on compensation given to its employees and on income payments to local and foreign suppliers. Moreover, PAGCOR must also collect a qualifying fee from players and remit the same in accordance with the existing laws and regulations. Not known to everyone, PAGCOR paid a staggering P5.2 billion worth of taxes to the Bureau of Internal Revenue (BIR). 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.
POGO sites in the Philippines 20 deposit casino must comply with PAGCOR regulations — for instance, they must not be in a residential area, and must have a maximum floor area of 25,000 square meters. Income realized by PAGCOR’s Licensees from other related services/operations shall be subject to regular CIT, VAT, and other applicable taxes under the Tax Code. Remember to conduct thorough market research, choose the right legal structure, obtain the necessary licenses, develop a compelling gaming platform, and market your business effectively.