Finance Act 2024
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Amendment of section 67A of Finance Act 2002 (application of betting duty to remote bookmakers) | ||
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73. (1) The Finance Act 2002 is amended by the substitution of the following section for section 67A: | ||
“Remote betting duty | ||
67A. (1) There shall be charged, levied and paid on and by every licensed bookmaker who makes, lays or otherwise enters into any bets by remote means with persons in the State an excise duty (in this Chapter referred to as ‘remote betting duty’) at the rate of 2 per cent on the amount of every bet entered into by him or her. | ||
(2) For the purpose of this section the amount of a bet shall be— | ||
(a) the sum of money or the open market value of other consideration which by the terms of the bet the licensed bookmaker will be entitled to receive, retain, or take credit for if the event the subject of the bet is determined in his or her favour, or | ||
(b) where the amount cannot be determined in accordance with paragraph (a) at the time the bet is placed, the amount of the unit stake. | ||
(3) Notwithstanding subsection (2), where a bet is placed by a person in pursuance of an offer which permits the person to pay nothing or less than the amount which that person would have been required to pay without the offer, the amount of the bet shall be equal to the amount of the unit stake. | ||
(4) Whenever it is proved to the satisfaction of the Revenue Commissioners— | ||
(a) that a bet in respect of which the duty imposed by this section is chargeable has become void for any reason other than the mutual consent of the parties thereto, or | ||
(b) that the amount of a bet in respect of which the said duty is chargeable is calculated in accordance with subsection (2)(a) has not been and is not likely to be collected by the licensed bookmaker, | ||
the Revenue Commissioners may, subject to such conditions as they may think fit to impose, either (as the case may require) repay the duty paid or remit the duty chargeable in respect of such bet. | ||
(5) (a) Subject to paragraph (b) and to such conditions as the Revenue Commissioners may prescribe or otherwise impose, a licensed bookmaker shall not be liable for remote betting duty on a bet made, laid or otherwise entered into by the licensed bookmaker where it is shown to the satisfaction of the Revenue Commissioners to have been transferred by that licensed bookmaker to another licensed bookmaker and accepted by the other licensed bookmaker. | ||
(b) Where paragraph (a) applies, the bet so transferred shall, from the time it is accepted by that other bookmaker, be liable to remote betting duty under subsection (1) and that other bookmaker shall be liable for payment of the remote betting duty. | ||
(6) Every person who fails or neglects to pay, any sum payable by him or her in respect of remote betting duty imposed by this section within the prescribed period, shall be guilty of an offence and shall be liable on summary conviction to an excise penalty of €5,000.”. | ||
(2) Subsection (1) shall have effect from 1 January 2025. |