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Gaming tax delegation, Lawyer Stefano Sbordoni: "The government does not leave physical gaming behind, it would be an aid to illegality"

Tomorrow, Friday 26 May, the deadline for the presentation of amendments to the draft enabling law on tax matters in the Finance Committee in the Chamber expires. As regards the gaming and betting sector, the text of the fiscal delegation in article 13, "confirming the organizational model of the system constituted by the concession and authorization regime, as indispensable for the protection of public faith, order and security, for the prevention of money laundering of the proceeds of criminal activities, as well as to guarantee the regular flow of the tax levied on gaming", envisages, among other things: the introduction of technical rules aimed at preventing pathological gambling disorders (ADI); the ban on collecting game in amateur sports competitions reserved exclusively for minors under the age of 18; the introduction of rules aimed at guaranteeing the application of transparent and uniform rules throughout the national territory, ensuring binding forms of participation of the Regions and local bodies responsible for the authorization and planning area, "which takes into account distance parameters from sensitive places valid for the whole national territory, of the local location of gaming halls and points of sale in which the offer of bets on sporting and non-sporting events is carried out as their main activity", as well as on the subject of equipment installation suitable for lawful gaming, "the strengthening of the regulatory framework on transparency and on the subjective and integrity requirements of subjects who, directly or indirectly, control or participate in the capital of public gaming concessionaires"; the reorganization of the current provisions regarding the tax levy on individual games, in order to ensure the rebalancing of the related tax levy; the introduction of regulations aimed at guaranteeing the application of transparent and uniform rules throughout the national territory, ensuring forms of participation of the local authorities competent for the territory in the authorization and planning procedure in view of the principle of loyal collaboration between the State and local authorities and imagining the Unified Conference as a venue for institutional discussion; the revision and simplification of the regulations concerning the qualifications for the exercise of the gaming offer and the prohibition of the issue of such qualifications, as well as symmetrically the absolute nullity of these qualifications if issued in territorial areas other than those planned for the location of gaming halls and gaming points of sale, as well as for the installation of the devices referred to in article 110, paragraph 6, letter a) R.D. no. 773/1931-T.U.L.P.S., without prejudice to the powers of the Ministry of the Interior pursuant to articles 16 and 88 of the same royal decree; a strengthening of the regulation of controls and assessment of taxes levied on gaming, as well as other violations on the subject; the reorganization of both the criminal and administrative sanction system in order to increase its dissuasive effectiveness and effectiveness and a tightening of administrative or criminal sanctions and new powers to control remote gaming. Once the parliamentary process has been concluded and the delegation approved, the government, through the MEF, will have two years to draft and approve the delegated decrees. Lawyer Strefano Sbordoni, interviewed by Agimeg.it on the sidelines of the recent public seminar on "Regulation of the gaming sector: state of the art and future scenarios" in which he spoke as an expert in this sector, remarked the goodness of the government work with regard to the aforementioned Fiscal Delegation, but highlighted the need not to forget the territory, as "one must not make the mistake of thinking that everything is moving online and therefore leave the the physical game because this would all benefit illegality, as demonstrated by the wrong and ineffective tool of the distance meter which has reduced or canceled the legal offer in some places and prevented, with its effects, the new tenders representatives of the so-called last mile, first of all merchants", he continued, "must be involved in the decision-making process because being the figures present in the area they represent one of the fundamental fulcrum of the entire supply chain". "A very important reminder that I intend to make to decision-makers - continues Sbordoni - is to put in place flexible rules, since what we see today as the near future is actually almost the past. The sector moves quickly and we need to have adequate legislation in this sense".