Key Takeaways
- Unlicensed offshore betting sites are gaining ground by circumventing Peru’s tax system and regulatory requirements
- Legal gaming operators face a 12% levy on gross gaming profit alongside an additional 1% charge on each wager
- Congress approved legislation targeting sports integrity, but presidential veto has left it in legislative limbo
- Industry advocates recommend shifting focus from punitive measures to making legal channels more competitive
- New tourism legislation may officially recognize casinos as registered tourism service entities
Peru’s legitimate gaming sector continues to expand, yet persistent challenges from unauthorized operators and match-fixing vulnerabilities threaten its progress.
This assessment comes from Carlos Fonseca, a legal expert specializing in gaming regulations and head of Gaming Law SAC, who examined these issues in an article published by Peruvian publication El Peruano.
Unauthorized Platforms Creating Market Imbalance
Betting websites operating from overseas without proper Peruvian authorization represent a significant threat, Fonseca emphasized. These operations sidestep the taxation and regulatory obligations that licensed companies must shoulder, creating an uneven playing field.
Licensed operators in Peru are subject to a specialized industry levy of 12% calculated on gross gaming proceeds. This translates to an actual tax burden equivalent to 11.76% of total gaming revenue.
Additionally, authorities implemented a Selective Consumption Tax imposing a 1% fee on each individual wager. According to Fonseca, such fiscal demands risk driving both companies and customers toward unregulated alternatives.
He cautioned that excessive regulatory obligations on authorized businesses create economic incentives for both operators and consumers to migrate to unlicensed platforms.
Fonseca contended that regulatory bodies should prioritize enhancing the legal market’s appeal rather than emphasizing punitive actions. The primary objective, he suggested, should be channeling customer activity toward authorized operators.
Betting appetite in Peru remains “consistent and relatively price-insensitive,” particularly during prominent international competitions, he observed. This characteristic underscores the importance of establishing a robust legal marketplace.
Match-Fixing Legislation Remains in Limbo
Competition manipulation and fraudulent activity represent another critical issue Fonseca highlighted. Peruvian lawmakers approved legislation designed to bolster protections against match-fixing, yet the executive office rejected it. The proposed law now awaits subsequent parliamentary consideration.
Fonseca emphasized the need for sustained collaboration among regulatory authorities, gaming companies, athletic organizations, and global entities to safeguard competitive integrity.
He also commended Law No. 31557, which established Peru’s inaugural framework for regulating online gambling and wagering. He characterized this legislation as a watershed moment for the nation’s regulatory structure.
Concurrently, Peru is examining revisions to its tourism regulations. A draft Supreme Decree would incorporate casino establishments and slot parlors within the General Tourism Law’s scope, placing them under the Ministry of Foreign Trade and Tourism’s oversight.
The draft legislation would not authorize gambling in additional locations. Instead, it would mandate that gaming businesses register officially as tourism service providers.
According to the official documentation, the casino and gaming machine industry already operates under full legal authorization and monitoring through real-time surveillance systems that document financial and tax data electronically.
Should the modification be approved, casinos would be formally added to the national tourism operator registry established under Law No. 32392.
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