GMB - What effect will the destination of most of
the taxes collected with gaming, as predicted by the Senate bill, bring to the
pension system, considering that annual collection estimate is about R$ 15
billion (US$ 4.85 billion)?
André Bittencourt - It
should be noted that Brazil still has very restrictive and archaic legislation
regarding gambling. Only in the lottery market, according to the World Lottery
Association, gaming move 400 billion dollars worldwide in 2014, of which Brazil
had only 1% share with lotteries managed by Caixa. Although I understand that
there is no deficit in social security, the legalization of a series of games
that already exist illegally would certainly bring a significant range of
resources to the Social Security system and would help increase the revenues
that are destined to payment of services in the health area, since the revenues
from gambling in the form of social contribution are used to pay social
security benefits, assistance and also to health care in Brazil.
What is the importance of the people who
work illegally today and that, with the legalization of gaming, can also
contribute to social security?
Under Brazilian law, every worker who performs paid work must pay social
contribution. The quota of this worker varies from 9% to 11% depending on the
salary range and the employer's is 20% of the income paid, due or credited to
the worker. Thus, many people currently working in an informal way may, after
legalization, have recognized their employment relationship or in the case of
those who work autonomously, be included in the list of individual
contributors, and therefore the contributions resulting from this paid activity
will be important for increasing the collection of the system.
In your opinion, should there be some
kind of specific rule for gaming industry workers when it is in operation?
The contributions resulting from this exploitation will result both from
the result of the betting values and from the remunerations of the workers
and employers. A differentiated taxation can certainly be created with respect
to the result of the values resulting from the bets placed. About the
contribution of workers and employers, I believe that taxation would follow the
general rule (20% of the employer plus 8, 9 or 11% of the employee), thus
respecting the principle of equality arising from the Federal Constitution of
1988.
Taking as an example countries that
already have a strong gaming industry, what is the best model of foresight for
the sector?
In fact, what will be fundamental for effective collection of revenue is
the way of monitoring both the outcome of the bets, the resulting labor
relations and the activities of the self-employed in the sector. If that
control is not efficient, even with a very strong gaming system, the evasion
could cause great damage to the system. The IRS today presents a good system of
data crossing. By linking such a system to effective and strong monitoring of
employment relationships, the whole system will be strengthened.
Today there are many professional bettors in sports betting, lotteries,
among other modalities. What is the best path to this activity when it comes to
providence? Is there any way for these professionals to contribute?
The lotteries authorized
by the Caixa Econômica Federal and the work activities resulting from this
activity, since they are already legalized, are included in the social
contribution system and, therefore, are already part of the Social Security
fund. Those that are still illegal are the ones that would bring new
contributions to the system. Every bettor who cashes bets is indirectly
contributing to the Social Security system, since a percentage of the amounts
resulting from the bets is paid as a contribution.
Many
international investors are expected to come to Brazil after gaming
legalization. Can the momentum experienced by pension funds in Brazil influence
the decision of these investors in any way?
What will be fundamental
to attract investors is the legalization and the establishment of clear rules
regarding the form of effective employment contracts and the payment of taxes
and social contributions. What often distances the international investor is
the difficulty of understanding the Brazilian tax system. If clear rules are established
to allow the investor to make a medium and long-term forecast, there will
certainly be a large increase in the sector, which will bring fresh air to the
economy, an increase in employment and income, and consequently in the public
budget.
To conclude, what is your perspective of
the Brazilian pension system with gambling being a source of income, both
through the transfer of taxes and the contribution from the generation of new
jobs?
Since the amounts contributed by the Social Security system are destined
for benefits and health payments, the entire population can feel the positive
effects of both the distribution of income and the improvement of public health
that is currently seeking relief.
Source: GMB
Author: Pedro Henrique Feitosa