Modification and completion of some normative acts from the gambling field
Series of articles from “The Practice of Gambling” by Anchidim Zagrean, Rombet Vice-President
Recently a series of modifications and completions have been brought to the special regulations of the gambling activity, as well as to their related activities.
Thus, in the Official Gazette no. 116 from December 29th 2018, it was published the EMERGENCY ORDINANCE no. 114 from December 28th 2018 regarding the establishment of some measures in the field of public investments and of some fiscal-budgetary measures, the modification and completion of some normative acts and the prorogation of certain terms.
In essence, the modifications and completion brought refer to:
1. It is being established, starting with 01.01.2019, a monthly tax representing 2% calculated to the total amount of taxes of participation collected monthly, for online gamblers, which is to be calculated, declared and paid to the state budget until the 25th of the following month after the month when the participation taxes were collected. The calculation modality of the tax is established by the order of the president of the National Gaming Office, and the modality of declaration and payment is established by the order of the president of the National Agency for Fiscal Administration.
2. It is being established, attached to O.N.J.N., an activity financed integrally from own funds, for the promotion of the adherence to the principles and measures regarding the socially responsible gambling.
These own incomes are established from the contributions of the licensed gambling organizers, with the following annual contributions:
– Remote licensed gambling organizers class I – 5.000 euro annually;
– Remote and traditional licensed legal persons directly involved in the gambling field class II – 1.000 euro annually;
– Remote gambling state monopoly class III – 5.000 euro annually;
– Traditional licensed gambling organizers – 1.000 euro annually.
The own incomes have the juridical nature of a budgetary debt and are executed in accordance with the provisions of the Fiscal Procedure Code, based on the O.N.J.N. notice, which represents an enforceable title.
The incomes from the own activities are used for the prevention of the gambling addiction and will be attributed for the activities and programs for the protection of the young and of the gamblers from gambling, the prevention and treatment of the gambling addiction, performance of the responsible promotion and advertising, promptly and efficiently solving any disputes between gambling organizers and gamblers, in the conditions and in accordance with the procedure established by the order of the president of O.N.J.N.;
3. There have been abrogated the provisions regarding the 10% bonuses awarded for the integral payment in advance of the annual tax afferent to the authorization of exploitation of the gambling activities;
4. it has been increased the annual authorization tax for slot-machines, traditional games with unlimited gain, from 2.600 euro to 3.600 euro, to which the annual vice tax amounting to 400 euro is to be added;
5. There have been eliminated the special annual allocations, with monthly payments, which were to be established by the state budget law, for: the Ministry of Culture for the Cinematographic Fund and for the National Program for the Restoration of Historic Monuments, the Ministry of National Education, the Ministry of Youth and Sports and the Ministry of Health for the supplementation of the sums for the Program of rehabilitation of the hospitals.
6. It is being provided that, within 30 days from the enforcement of the emergency ordinance, the National Gambling Office will notify the economic operators who have performed activities between 2015-2018 and which owe contributions to the Fund of prevention of the gambling addiction, provided by the law for this period, to pay it in the account opened with the State Treasury, indicated in the notice, within 5 days from the receipt of the notice.
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