Gambling License, Sports Betting, Online Casino
Our law firm - i.e. the network partners of the Low Tax Network - form companies with gambling licenses on the Isle of Man, Malta, Gibraltar, England and other countries (for example: Belize, Antigua, Barbuda, Costa Rica, Kahnawake) for our clients, … key to the realization of an online gambling offering (online casino, online betting, lottery, sports betting, the company offers services itself or as a reseller). We welcome the opportunity to provide these services to companies who provide gambling software. We provide consulting in the selection of the seat country and the required license, as an additional service within the scope of the "tax planning" (seat country and/or "affiliated companies").
Do not underestimate the costs!
In some Internet forums one can read entries which state, for example, that a license can be purchased in Malta for approximately 7,000 Euro per annum. This is of course total nonsense; one cannot just develop a lucrative business "on-the-fly". He who wishes to be a successful entrepreneur must make certain investments. The following fees and taxes must be considered when pursuing a gambling license:
- Preparatory steps regarding the submittal of the approval process at the relevant agency in the seat country (these services are provided by our partner attorneys in the seat country). For this process numerous documents/proofs must be submitted depending on the seat country: Business plan and profit and loss plan for the first years, software, general terms and conditions of the gambling operation, measures for child and youth protection as well as addiction prevention, excellent credit record of the managing director, sufficient paid in capital in the event of distributions and many more considerations.
-Approval process / accompaniment up to receiving the license
-Formation of a company in the seat country, no bogus firms [as defined by term/act/provision]. In this process, for example, Gibraltar mandates a commercially structured organization.
- Government fees to be paid to the relevant agency in the seat country, gambling taxes, corporate/company taxes
-In many countries: Fees for the prescribed auditor, fees for accounting, preliminary value added tax return and annual financial statement.
Fundamental Differences and Issues
Within the context of Internet gambling or betting offerings one must first differentiate if the client only acts as an "agent", i.e. as a reseller of existing web offerings or if the client wishes to realize its own platform/service. In the event a client wishes only to pursue "reseller activities", in this case the client could, for example, form a Cypriot Limited which offers such services. It is true that gambling is illegal in Cyprus, however, reseller offerings are legal. In the event the client wishes to offer its "own offering" the laws of the target countries must be considered. Of course the domestic laws of the respective seat state must also be taken into account. Within the EU the a license can be obtained in an EU state (for example Malta), and that said license must , under certain conditions, be recognized by the other EU states. The legal basis for this opportunity is the effect of the EU freedom of establishment and the judicial decisions of the European Court of Justice The situation can become legally problematic, if the offering is to be made available to customers in different countries, also outside of the European Union. If a license is realized in a EU state (for example in Malta), then one must consider that the only applicable law is the law of the seat country and that no permanent establishment exists, as defined by an applicable double taxation agreement. This could lead to the application of the target country’s domestic law, which as a rule should be avoided., Consequently, at most only a representation may be installed "in other countries outside of the seat country" (no permanent establishment as defined by a an applicable double taxation agreement, only consulting activities). Based on different legal considerations we however are inclined to recommend against maintaining any connection to a target country, for example Germany or Austria (as a rule the seat country of the beneficiaries).
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