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Legislation

Secretary of Revenue defends IR on bets in the CPI on Brazilian Bets

Thursday 13 de March 2025 / 12:00

2 minutos de lectura

(Brasilia).- On Tuesday, March 11, the first meeting of the Parliamentary Commission of Inquiry on Gambling (CPI) was held, where the special secretary of the Federal Revenue Service, Robinson Sakyama Barreirinhas, listened attentively to the different interventions in the room.

Secretary of Revenue defends IR on bets in the CPI on Brazilian Bets

The CPI of Gambling heard on Tuesday (11) the special secretary of the Federal Revenue Secretariat, Robinson Sakyama Barreirinhas, who defended a stricter tax treatment of gamblers as a way to discourage virtual betting. He said it is necessary to resume the taxation of gambling winnings, rejected by Congress in 2024.

“My position is that the gambler should pay income tax, because the tax, in this case, does not have a revenue-raising function, it has a dissuasive function, to discourage gambling. This is the case all over the world. We are treating the gambler better than a company with real profits in Brazil. It's crazy,” he said.

According to the secretary, the law provides for taxation, but makes the exception of considering it a ‘net prize’, after deducting the losses suffered with other bets. For Barreirinhas, this represents, in practice, an exemption.

The chairman of the committee, Senator Dr Hiran (PP-RR), said the treasury has an important role to play with regard to online gambling companies. For him, these companies have proliferated ‘indiscriminately’ in the country, resulting in a ‘gigantic’ tax exemption. He also called for reflection on how the outward signs of wealth of gambling owners influence the population.

‘Signs of wealth, both from gambling owners and influencers, give society and young people the feeling that gambling is an opportunity to get rich,’ the president warned.

Hiran cited a study by the Senate Consultancy that shows that the tax exemption provided by gambling could reach around 50 billion reais in taxes between 2019 and 2030. 

In the opinion of the committee's rapporteur, Senator Soraya Thronicke (Podemos-MS), the National Congress could consider amending the legislation on online gambling. She cited the Selective Tax, introduced by the tax reform. According to the senator, cigarettes can be taxed at 250% and alcoholic beverages at up to 61%, much higher percentages than those applied to online gambling.

‘The more harmful the product, the higher the tax. I am shocked by the 12% tax on [gambling] activity,’ Soraya said.

For Senator Damares Alves (Republican-DF), there are many ‘nebulous’ things in the world of virtual gambling. He suggested holding a secret meeting of the CPI so that the tax technicians can speak more freely, without the risk of breaking any confidentiality. Damares also said he had the impression that data is not cross-referenced within Receita and that the agency ‘failed badly’ in the control of gambling.

Exemption, Pix and Coaf

The request for an invitation to the secretary (REQ 74/2024) was submitted by Senator Izalci Lucas (PL-DF). He wanted to know the role of the Revenue Secretariat in identifying the loss of revenue between 2019 and 2023, a period in which gambling companies operated without regulation, estimated at R$3 billion. The senator also asked what mechanisms the Revenue Office has proposed or implemented to monitor and block payments to irregular sites through Pix.

In response, Barreirinhas said the IRS has no autonomy over Pix, which is administered by the Central Bank. He also said that the annual data from betting companies is only just reaching the Revenue Office, as the law regulating fixed odds betting (Law 14.790 of 2023) came into force in 2024. He explained that a group was set up with representatives from the Intelligence sector and the Prizes and Gambling Secretariat to deal with betting tax data.

‘We had a still vague regulatory environment. Now there is legislation. I have 80 companies within the law and dozens of companies outside the law. I have to treat them differently. I cannot discourage those that have adapted to the legislation,’ the secretary said.

Barreirinhas said that it is normal for there to be democratic debate on various issues in the Revenue Service, and that this debate should not be seen as political pressure.

Responding to a question from Soraya Thronicke, the secretary said that reporting possible irregularities to other bodies is part of Receita's routine. According to Barreirinhas, it is common to cross-check and exchange information, for example, with the Financial Activities Control Board (Coaf), always respecting tax secrecy for this type of operation.

Cross-referencing data

Soraya Thronicke wanted to know the secretary's opinion on a possible retroactive charge on pre-regulation betting activity between 2018 and 2023. Barreirinhas said he agreed with retroactive charging, but admitted an ‘operational difficulty’.

‘It is not impossible to overcome, but it may require legislative change. There is an understanding by Receita Federal that Brazil can only collect taxes on any operation if there is some material presence here. If it were not fraud and the company was actually abroad, and had no presence in Brazil, there would be doubts about whether this taxation is possible or not,’ he explained.

Along the same lines, Senator Marcos Rogério (PL-RO) affirmed that there is a ‘hiatus’ of five to six years, with companies that work and make profits in Brazil, but do not pay the tax due. For the senator, this situation needs to be investigated, and he asked the secretary if the Revenue Secretariat carries out any kind of cross-checking of data in relation to means of payment.

Barreirinhas said that the Revenue Secretariat's risk management works by cross-checking data, focusing on the search for inconsistencies in financial transactions and declarations, due to the lack of practical conditions to inspect tens of millions of Brazilians.

‘The inspection is focused on those who need to be inspected, so as not to disturb those who should be at ease. And how do we select the target of this inspection? By looking for inconsistencies in the data submitted’.
The secretary admitted that the Inland Revenue is concerned about the illegal movement of funds by the gambling sector and lamented the popularisation of fake news about possible collections by the agency. He also praised the work of the IPC and expressed his willingness to work together.

Requests

At Tuesday's meeting, the Gambling IPC also approved seven requests for hearings and requests for information. One of the approved requests is to summon businesswoman and lawyer Adélia de Jesus Soares, owner of Payflow Processadora de Pagamentos Ltda (REQ 383/2024).

The request comes from Senator Soraya Thronicke. According to her, investigations indicate that the lawyer collaborated with a foreign organisation to structure and operate illegal gambling in the national territory, using the company Playflow as a front.

Adélia also acts as a lawyer for influencer Deolane Bezerra, who is accused of setting up a gambling website to launder money from illegal gambling.

The committee also approved a request from Senator Izalci Lucas (REQ 388/2025) asking the Ministry of Finance's Secretariat of Prizes and Gambling (SPA) for information on the criteria and reasons that led to the classification of certain online gambling companies as ‘unauthorised’.

CPI Gambling

The CPI Gambling was created to investigate the influence of virtual online gambling on the budgets of Brazilian families, the association with criminal organisations involved in money laundering practices and the use of digital influencers to promote and advertise these activities. With 11 titular and seven substitute members, the commission is authorised to work until 30 April.

Agência Senado

Categoría:Legislation

Tags: Sin tags

País: Brazil

Región: South America

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