Online Casino Licence from Portugal

Licensed Gambling Activities

The following types of online gambling and betting are subject to licensing:

1. Sports betting with fixed odds.
2. Betting on horse racing (mutual and fixed odds).
3. Gambling entertainment:
4. Baccarat
5. Game of dice
6. Blackjack / 21
7. Bingo
8. gambling machines with one or more rotating reels, which, when stopped on the payline (s), form combinations of symbols or graphic elements
9. Poker in tournament mode
10. Poker no deposit
11. American roulette
12. French roulette

Jurisdiction

In accordance with Decreto-Lei n.º 66/2015 dated the 29th of April 2015 (latest amendment the 29th of December 2017), the Portuguese government approved the legal regime for the organisation of online gambling and betting, the Regime Jurídico dos Jogos e Apostas Online (RJO).

Responsibilities for the control, inspection and regulation of online gambling and betting are vested in the Instituto de Turismo de Portugal, I.P. These functions are performed through the Gambling Commission (Pela Comissão de Jogos) and the Gambling Regulator and Supervision Officer (Serviço de Regulação e Inspeção de Jogos - SRIJ).

Responsibilities of the authorised bodies:

1. The Gambling Commission is the body that controls the activities of the SRIJ. It has the right to issue, renew, suspend and revoke a licence to operate online gambling and betting.
2. The SRIJ supervises and directly controls and regulates the activities of online gambling in Portugal.

SRIJ is coordinated by a Director and consists of 4 departments:

• planning and control of gambling activities
• gambling regulation
• game project management
• online entertainment

Tax Rates

In Portugal, the tax on gambling and horse racing (mutual odds) is levied on the Gross Income of the operator and amounts to 15%.

If the annual Gross Income exceeds 5 million euros, the taxable amount is divided into two parts:

• amounts up to 5 million euros - 15%
• more than 5 million euros - the rate is calculated according to the formula (15% x the amount of the annual Gross Income / 5 million euros), the maximum rate is 30%

Sports betting and horse racing with fixed odds in Portugal is taxed on the proceeds of bets placed at 8%.

The taxable amount is divided into two parts:

• amounts up to 30 million euros - 8% rate is applied to amounts up to EUR 30 million
• more than 30 million euros - the rate is calculated using the formula (8% x the annual amount of bets made / 30 million euros), the maximum rate is 16%.

How to Get an Online Casino Licence in Portugal

The licence can be obtained by private limited liability companies that are registered in Portugal, Headquartered in an EU state or are a Member State of the Agreement on the European Economic Area.

Licence Application procedure in Portugal:

1. Submit an application to the SRIJ on the prescribed form with accompanying documents. The application and documents must be in Portuguese (they can be in a foreign language that has been translated into Portuguese and certified).
2. If any of the documents are missing or there are errors, the applicant must provide the documentation and make corrections within 10 days.
3. Upon approval of the application, the applicant receives a notification indicating the requirements that must be met in order to issue a licence.

Legal entities wishing to apply for a licence must have the technical, financial and economic capabilities provided by law.

In addition, the following conditions must be met:

1. Pay fees: for the approval of the technical gambling system (hereinafter - TIS), the issuance or renewal of a licence, permission to organise new types of games in Portugal
2. Pay fines (if any)
3. Make deposits:

• in the amount of 500 thousand euros to guarantee legal obligations (payment of estimated balances on players´accounts, any penalties applied under the RJO) can be met
• In the amount of 100 thousand euros to guarantee the payment of tax

4. Submit documents on TIS certification

When organising online gambling in Portugal, operators must take protective measures to ensure that they practice responsible gambling. Participants are notified of the consequences of participating in gambling activities and can use the self-exclusion mechanism.