The D.L. Budget - The amnesty Ter

The examination of the amendments to the D.L. Budget was resumed yesterday, Tuesday 21 November, while the arrival in the House is scheduled for Monday, November 27, p.v.

After the inadmissibility of some (call for tender scratch cards for which there is now an extension of the Tax Law in the conversion), and persisting the very high number of amendments, the various parliamentary groups have proceeded to report those which will in fact be discussed and voted on. It is a file of about 700 amendments. The amendment proposes "the absolute prohibition (...) to implement: audiovisual and radio commercial communications (...) that encourage the purchase of products or participation in gaming activities (...), any form, direct or indirect, of advertising propaganda (...), awareness campaigns that spread logo, company name or entrusted to exponents of the game and betting industry".

We also propose the amnesty ter, which this time provides for the payment of a one-off payment of 6,000 euros for each point that emerged. Specifically, below, the detail of the amendment on the amnesty: "In art. 90, after paragraph 2, insert the following: 2.bis - In order to ensure that the betting market with money winnings on sporting events, including horse racing, and non-sporting events, including simulated events, as defined in the tender from the previous paragraph 2, is effectively accessible without discrimination in fact also for subjects currently not holders of the concession for bets or qualification referred to in Article 1, paragraph 643, of the Law of 23 December 2014, n. 190, and referred to in Article 1, paragraph 926, of the Law of 28 December 2015, n. 208, is allowed to subjects not yet connected to the national totaliser of the Customs Agency and the Monopolies, to operate the collection of bets in the period between the entry into force of this law and the start of the concessions granted following the tender referred to in paragraph 2 above.

To this end: a) by 31st January 2018, the Customs and Monopolies Agency, has the rules for the assignment of up to 3,500 authorizations to the opening of points of sale whose main activity is the marketing of public gaming products. , in favor of both subjects and de facto already collect bets, even without any authorization, both those who currently do not collect either directly or indirectly bets and who, having similar requirements to those provided for the current betting operators, intend to exercise the collection in view of any subsequent participation in the tender referred to in paragraph 2 above. The rules for the allocation of authorizations to persons who actually already collect bets will be similar to those defined in the regularization procedures provided for in Article 1, paragraph 643, of the law December 23, 2014, n. 190, and to the article 1, comma 926, of the law 28 December 2015, n. 208, including a further obligation to forecast the precise location of the points of sale already operational as of October 31, 2017, for which authorization is requested. The rules for the assignment of authorizations to subjects who do not collect bets either directly or indirectly, must contain the subjective requisites required and the procedures envisaged for their verification. Each subject must also indicate the number of authorizations requested; the cost of each authorization is € 6,000 (six thousand) annually; b) by March 31, 2018, the interested parties must present the documentation indicated by the Customs and Monopolies Agency; firstly, to subjects who, even without any authorization, actually already exercise the collection of bets; subsequently, for the authorizations remaining available, subtracting the 3,500 authorizations provided for in letter a) those assigned under the i., to persons who currently do not collect bets; if the overall authorizations requested by these subjects are higher than the authorizations available, the authorizations must be assigned reducing those requested in proportion to availability (...)".

It would seem that the SANATORIA TER - which is said to be a due act, seeing what happens on the territory where many points without authorization work undisturbed - is more detailed and detailed than the previous ones (the first in 2015, and the second after a calendar year in 2016). A maximum limit of 3,500 points is established. Emerging subjects will have to demonstrate that they are already operational as of 31 October 2017; the term is borrowed from the first amnesty, while in the second it was not foreseen. If then by the end of March 2018 the questions do not reach the ceiling, anyone - even those who have never collected bets - will be able to apply, which at this point will no longer be an amnesty but a sort of assignment of the right. A temporary transition, therefore, from the concession regime to the authorization regime. Still subject to the barbarities of regional laws and municipal regulations.

Regarding the economic aspect, perhaps in anticipation of the race, here we require the operator or the owner of the emerging network (it is likely that we show both figures as already happened before) a commitment of six thousand euro instead of ten thousand of previous amnesties.

Whether you agree or not, the SANATORY TER arrives late anyway. To make the market, or attempt to make it, more transparent, the Legislator should have foreseen it in the 2016 Stability.

It is always better to call for tenders in a regime of fair competition rather than forcing candidates, who have always operated in the law, to make an unequal comparison with competitors who have liquidity only because they do not correspond to a single tax. Candidates c.d. .it, if the amnesty should be effective and not a mere attempt to give the appearance of legality to subjects who always work with the double channel, will at least understand who will be the protagonists of the next race.