Romania: Back-Tax (an update)

As we previously reported the law for the approval of GEO 92/2014 is currently discussed in the working commissions of the Chamber of Deputies in the Romanian Parliament.

The  website of the Chamber of Deputies now publishes the approval received on the Law for the approval of GEO 92/2014 with a suggested amendment from the Legal Commission on Discipline and Immunities. While the final form to be adopted may turn out to be significantly different the text that received the approval from the legal commission is the following:

“By exception from the provisions of GEO 77/2009 for the organization and operation of games of chance, approved with amendments and supplementations under Law no. 246/2010, as subsequently amended and supplemented, performance of remote gambling activities absent of license and authorisation until 1 August 2015 is not considered criminal offence as provided for under paragraph (1) of art. 23, if the remote gambling operators who have performed activities in Romania pay license fees for the period where such activities were performed as well as authorization fees of 20% of their revenues, as defined under art. 1^1 (DLA note: under this article revenues are defined as GGR) of the present emergency ordinance. In order to compute the aforementioned authorization fees, the gambling organizer has the obligation to make available to the Surveillance Committee of NOG a financial audit to reveal the amounts cashed from the players as participation fee and the prizes awarded (including jack-pot) differentiated for each type of gambling and respectively day/calendar month or, upon case, for gambling games where the organizer cashes a commission from the participants/winners of gambling games, the amounts cashed (the commissions withheld from the game participants), respectively the share from the amount cashed by the organizer according to the game regulations for one calendar day/month. The payment of the two fees in the amounts previously mentioned, criminally and fiscally exonerates from liability the operators who have performed remote gambling activities until the term set forth in the present paragraph.”