Moreover, in the 2022 RMC, PAGCOR’s tax exemption extends only to those that have contracted with PAGCOR in connection with PAGCOR’s gaming operations. This effectively excluded PAGCOR Licensees, resulting in their revenue from gaming operations being considered subject to VAT. This is contrary to a 2021 SC decision that affirmed that the tax exemption under Section 13(2)(b) of Presidential Decree No. 1869 (or the PAGCOR Charter) extends to both Contractees and Licensees of PAGCOR. Following the hierarchy of laws, the 2022 RMC should have followed the 2021 SC decision. Currently, there are two main types of offshore gaming licensees in the Philippines. Foreign-based POGO Licensees must have an appointed Local Agent which has to be PAGCOR-accredited.

Residents near POGO establishments have also expressed alarm about the establishments serving as breeding grounds for crime and human rights violations. Immigration violations are also a concern with foreign nationals employed by POGOs apparently illegally entering and residing in the Philippines. Add to these the potential national security concerns, many are now calling for a total ban of POGOs.

Philippine Amusement and Gaming Corporation(PAGCOR)

• “While PEZA is the highest  contributor to export income to the country through its economic zones program and its export enterprises engaged in IT/BPO services as the biggest job  provider; however, the agency does not include the registration of online gambling as it is not among those export-services provided in the PEZA law,” said Plaza.
• For a PAGCOR Licensee enjoying an ITH, such income is exempt from corporate income tax, but is subject to VAT.
• As such, the Licensees’ revenues from gaming operations, involving sale of goods and/or services in the course of trade or business, are generally subject to VAT.
• Let’s Talk Tax is a weekly newspaper column of P&A Grant Thornton that aims to keep the public informed of various developments in taxation.
• The BIR said the registration of offshore gaming operators with the BIR shall be done with the agency’s regional district office having jurisdiction over the place where the head office and/or branch of the POGO hub is located.
• However, after the floating casino was gutted by fire in 1979, PAGCOR shifted its focus to land-based casinos and entered into another contract with PCOC for the management of a casino at the Provident International and Resources Corporation (PIRC) building on Imelda Avenue, Parañaque City, Metro Manila, Philippines.

This amount represents the 5% franchise tax on PAGCOR and its Licensees/Proponents based on its annual audit report for the year 2020 posted on PAGCOR’s website. After its establishment, PAGCOR entered into a contract with Philippine Casino Operators Corporation (PCOC) for the operation of the floating casino in the Manila Bay in 1977. However, after the floating casino was gutted by fire in 1979, PAGCOR shifted its focus to land-based casinos and entered into another contract with PCOC for the management of a casino at the Provident International and Resources Corporation (PIRC) building on Imelda Avenue, Parañaque City, Metro Manila, Philippines. Then, under Presidential Decree 1869, decreed in 1983, it was mandated to act as the sole government corporation conducting and establishing gaming pools and casinos in the country.

In a report to Finance Secretary Carlos Dominguez III, the BIR also said it has signified its intention to join the interagency task force led by the Department of Labor and Employment (DOLE) and the Bureau of Immigration (BI) that aims to check and monitor the number of Chinese nationals who are working in the on-line gaming industry. Funding.�The amounts necessary to carry out the provisions of this Order shall be taken from available appropriations in the CY 2017 General Appropriations Act of the concerned agencies , subject to applicable budgetary rules and regulations. Thereafter, appropriations for the implementation of this Order shall be incorporated in the regular budget of the concerned agencies. These incomes are subject to regular CIT, VAT, and other applicable taxes under the Tax Code. On the other hand, income from “other related operations/services” shall be subject to CIT, VAT, and other applicable taxes under the Tax Code.

In short, PAGCOR is exempted from corporate income tax (CIT), VAT, and other direct or indirect taxes. Under its Charter, the Philippine Amusement and Gaming Corporation (PAGCOR) was given the mandate to regulate, operate, authorize, and license games, particularly casino gaming in the Philippines. Through this mandate, PAGCOR is expected to generate revenues for the Philippine Government’s socio-civic and national development programs, as well as help promote the Philippine tourism industry.

Key Steps to Success in the Philippine Online Gaming Market

With the applicability of the 5% franchise tax, for PAGCOR’s Licensees located in Ecozones/Freeports, the Special Corporate Income Tax (SCIT), Income Tax Holiday (ITH), or corporate income tax, no longer applies to income from gaming operations. The incentives granted by the concerned Investment Promotion Agency (IPA) will only apply to their income from other related services/operations or non-gaming operations that are covered by their registration with the IPA. For a PAGCOR Licensee electing to pay 5% SCIT, its income from other related services/operations or non-gaming operations is exempt from regular corporate income tax and VAT.

Understanding the Online Gaming Market in the Philippines

Significant provisions require that licensees must have a capital of P100 million, of which P25 million must be paid up. As the troubled industry generates news that ranges from controversial at best to illegal at worst, it would be good to know more about POGOs gcash casino and how they affect us. The main regulatory bodies for the industry are PAGCOR and the Cagayan Economic Zone Authority (CEZA).

Repeal.�All executive orders, rules and regulations and other issuances or parts thereof which are inconsistent with this Executive Order, are hereby revoked, amended, or modified accordingly. Let’s Talk Tax is a weekly newspaper column of P&A Grant Thornton that aims to keep the public informed of various developments in taxation. Apart from its mandatory contributions to various agencies and entities, PAGCOR has also been undertaking major Corporate Social Responsibility projects under the leadership of its present management.