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GAMBLING

Swede beats tax agency in landmark gambling case

A poker player from Sweden has won an important decision against the Swedish Tax Agency (Skatteverket), freeing him from paying taxes on a portion of his online poker winnings.

Swede beats tax agency in landmark gambling case

The county administrative court (Länsrätten) in Östergötland ruled that Sargon Rüya did not have to pay Swedish taxes on the 650,000 kronor ($80,900) he won playing online poker on a site based in the Isle of Man, reports the Östgöta Correspondenten newspaper.

However, Rüya was still liable for paying taxes on winnings earned while playing on a site based in Monaco.

The difference in tax treatment stems from European Union rules stipulating that winnings from games such as poker are free from taxes within the EU.

As the Isle of Man site was operated by a company based in Cyprus, which is a member of the EU, poker winnings earned there are tax free, whereas those earned in Monaco, which is not a member of the EU, are subject to tax.

Skatteverket had originally requested that Rüya pay taxes on his Isle of Man winnings because only certain EU tax rules apply on the island, which is considered a dependency of the UK, but is not part of Britain or the EU.

If Rüya wanted to avoid paying tax, argued the agency, he would have to provide evidence that the winnings came from within the European Union.

Eventually, Rüya was able to show that the Isle of Man poker site was owned by a company based in Cyprus and thus that the winnings were indeed earned within the EU.

However, the court’s ruling obviated Skatteverket’s request, by tossing out Skatteverket’s line of reasoning altogether.

According to the court, even if a country doesn’t subscribe to all EU rules, an individual can refer to an EU rule which is sufficiently precise and unconditional, such as EU gaming rules.

In other words, the agency can’t place the burden of proving where a foreign company’s operations are based in order for them to avoid paying taxes.

“The resources for this ought to most appropriately lay with Skatteverket,” wrote the court in its ruling.

Rüya is happy to put the incident behind him, but doesn’t appreciate the way the case was handled by the authorities.

“It’s not easy for an individual to fight Skatteverket and it feels as if I’ve been a lab rat in their attempt to tax gaming,” he told the newspaper.

Rüya believes that Sweden should reclassify poker from a game of chance to a game of skill but is hesitant to do so because of the country’s own gaming monopoly.

“The reason the state doesn’t want to is that it wants to protect its [Svenska Spel] gaming monopoly. If poker becomes a game of skill then the state would be forced to let other gaming companies operate and allow poker tournaments in Sweden,” said Rüya.

GAMBLING

Spain to force gamblers to set time and spending limit before playing online

The Spanish government wants to limit the amount of time and money gamblers spend on online betting and gambling platforms by making them set limits before they start playing. 

Spain to force gamblers to set time and spending limit before playing online
Photo: PAUL ELLIS/AFP

This is the proposal in the latest draft decree of Spain’s General Directorate of Gambling which could be approved at the end of 2021 or early 2022.

Under the new rules, people who play online games such as bingo, roulette, black jack, baccarat and virtual fruit machines would have to first set how much money they intend to gamble and how long they intend to play. 

Whichever of the two limits runs out first would end the gambling session. 

If the law is approved, online gamblers in Spain will still be able to start another session straight afterwards, as the objective of the law is to help prevent players from losing control over what they’re spending and to give them a break to let the adrenaline rush drop and a moment to reconsider their options. 

In any case, online gamblers in Spain would have a daily spending limit of €600 or €1,500 a week if the draft law is approved.

With this clause, lawmakers hope to distinguish “serious” gamblers – those who surpass the 50 percent daily limit of €300 – from those who don’t play online as regularly. 

Once an online gambler was classified as “serious” (intensivo), they would not be allowed to pay for their gambling sessions with a credit card in order to prevent them from piling up debt. 

Spanish authorities are particularly concerned about the increasing number of young people who are becoming addicted to gambling and betting sites, often lured in by the promise of free bets when signing up.  

A 2019 report by Spain’s Federation of Rehabilitated Gamblers found that Spain has the highest rate of young gamblers (aged 14 to 21) in the EU. 

READ MORE: Spain has Europe’s highest rate of teen gamblers

The pandemic, including the lockdowns, restrictions and boredom that have come with it, have only served to intensify the trend. 

The average annual spending per player in Spain went from €312 in 2016 to €533 in 2020.

Under the new rules, young people would be considered “serious” gamblers if they spent 25 percent of the limits set: €150 for two days in a row, or €375 over the course of two weeks. 

More than 8.5 percent of online gamblers in Spain (of the 1.5 million total of active players) do not reach the mentioned levels that signal addiction.

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