Te second possible amendment is a withholding tax system. Tere have been several discussions between online operators and the fiscal and gambling regulators about the reintroduction of withholding tax on players’ winnings from online gambling activities.
At the moment although players’ revenue tax is held at landbased casinos but for online gambling activities the player is expected to pay the tax for any revenues obtained from gambling based on their annual tax declaration.
Under the new proposals the operator will be obliged to withhold the tax and transfer directly to the state budget.
Ana-Maria Baciu, Partner at Nestor Nestor Diculescu Kingston Peterson Attorneys and Counsellors Romania said: “In order to offer a counter measure to the promoters of the legislative proposal introducing a total ban for gambling ads in the audiovisual field, the President of the Gambling Office is considering issuing an order which will regulate certain criteria for conducting advertising campaigns for gambling services.
“While at this moment the draft of such an order was not published for consultations, the approach of the regulator’s president expressed in a recent meeting of the NGO’s Consultative Committee seems to be that advertising campaigns should observe certain conditions, most of them being similar to the gambling advertising guidelines of the UK Gambling Commission.”
Meanwhile a responsible gambling programme was launched recently to raise awareness amongst youngsters about gambling problems and various events were due to be held in schools throughout the country.
Te ONJN are keen to make sure advertising is done in a responsible way in accordance with the legislation principles. Tis includes refraining from unsubstantiated claims about odds of winning or the profits players can gain from gambling, not suggesting that skill can influence a result of a game, not suggesting gambling can contribute to a social success or solve personal or professional problems and so on.
Another goal, which is already imposed by the NEWSWIRE / INTERACTIVE /
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regulation, is to set up the Foundation of Responsible Gambling which is currently being discussed in the industry. At the moment the association is drafting various acts which will then go through a public debate to find the best proposals for this foundation.
In addition Romania is in the process of transposing into national legislation the 4th AML Directive. Te draft law is due to be enacted and this could have a significant impact on the gambling industry as operators will be required to undertake various risk assessment procedures to ensure the prevention of money laundering and terrorism financing.
Tere are several other issues considered detrimental to the gambling market. Bureaucracy in terms of licensing is making the procedure unpredictable and cumbersome due to the request of additional information or documentation, a lack of coherence between the various authorities whilst some say the gambling industry is also not correlated with other legislations which can have an impact on this sector, such as the anti money laundering legislation.
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