Czech Republic Gambling Regulation

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Gambling RegulationInformally known as Czechia, the Czech Republic is a landlocked European country encompassing the historical regions of Moravia, Bohemia, and Czech Silesia. The country was part of the Eastern Bloc under the influence of the Soviet Union until 1989, when it transitioned to a liberal democratic regime. Today, the Czech Republic boasts membership in the EU and a thriving economy whose performance is driven mainly by the manufacturing, services, and agriculture sectors.

The country had several forms of legal gambling during its communist period, including government-controlled horse and sports wagering, lotteries, and scratch cards. Slot machines and casino gambling became legal in the Czech Republic toward the end of the communist era. Remote lotteries and online sports wagering became legal in 2012, but it was not until 2016 that the country legalized other forms of online gaming.

Gambling is a popular recreational activity among Czech residents, which is unsurprising considering the country had 299 brick-and-mortar casinos as of 2017. Estimates also suggest Czechia ranks second worldwide in terms of the number of slot machines per capita. This is hardly surprising, as the country is one of the largest slot machine manufacturers in Europe.

The local gambling industry has experienced consistent growth over the past decade, with casino gaming revenue increasing from €136 million in 2010 to €240 million in 2017. Czech players can legally enjoy various forms of casino gambling, including slots, roulette, baccarat, and blackjack. Poker is also hugely popular in the Czech Republic, so much so that the capital, Prague was chosen as a stop on the PokerStars EPT tournament series.

Czech gambling regulators have introduced various changes over the last few years, including a registry of excluded persons and higher tax rates. Stick with us as we explore Czech gambling legislation in more detail.

Laws That Govern the Czech Gambling Industry

During Czechia’s communist period, the only legal forms of gambling were state-owned lotteries, scratchcards, and the totalizator. The landscape changed following the passage of Act № 202/1990 Coll. on Lotteries and Other Similar Games, which legalized brick-and-mortar casino gambling in the country. More than two decades later, in 2012, lawmakers amended the legislation to permit remote sports wagering and online lotteries.

The Czech Gambling Act of 2016
Licensing Requirements

Tax Rates for Czech-Licensed Gambling Operators

1The Tax Model

All licensed gambling operators must pay taxes in line with the provisions of Act № 187/2016 Coll., also known as the Czech Gambling Tax Act. As stated in Article 4 of the legislation, tax rates depend on the type of gambling activity offered. The Czech Republic has adopted a widely used tax model based on operators’ gross gambling revenue (GGR).

2Tax Rates

GGR represents the difference between the total amount wagered (that is, the overall turnover) and the amount returned to patrons as winning bets. Technical game operators are subject to a 35% tax rate. As of January 2020, tote betting, raffles, fixed-odds betting, and smaller tournaments are taxed at 25% (previously 23%), whereas lotteries, live games, and bingo incur a 30% tax. For clarity, the term “technical games” refers to slot and video poker machines.

Article 5 of Act № 187/2016 states that land-based slot operators must pay a minimum quarterly tax of Kč9,200 for each slot machine on their premises. This minimum applies even when the 35% GGR tax would be lower. In addition, a 19% corporate income tax applies to licensed gambling firms.

3Players Must Also Pay Taxes

One notable aspect of Czech gambling law is that players must also pay taxes on their winnings. In many European jurisdictions, including the United Kingdom, players are not taxed because gambling is not considered a professional occupation and, therefore, is not viewed as a source of income.

Unfortunately for Czech gamblers, Act № 586/1992 Coll. (Act of the Czech National Council on Income Taxes) requires them to pay a 15% tax on raffle and lottery profits that exceed Kč1 million. Winnings from other legal gambling activities are also subject to a 15% annual tax rate. However, this applies only when the difference between the player’s total profits from the gambling activity and the wagers made during the relevant year is greater than Kč1 million.


Social Responsibility Policies in the Czech Republic

The Czech gambling watchdog is strict about compliance with its social responsibility requirements. Under local regulations, gambling operators may offer their products only to customers aged 18 or older, as this is the age of majority in the country.

For online gambling, all players must register accounts and provide licensees with identification documents that confirm they are legally old enough to gamble. Part IV, Title I, Article 77 of Act № 186/2016 stipulates that all online players must set self-restrictive measures when they register.

Responsible Gambling Measures
The Excluded Persons Register
Policies for Landbased Operators

Gambling Advertising Requirements in the Czech Republic

Gambling AdvertisingThe marketing of gambling activities falls under the scope of Act № 40/1995 on the Regulation of Advertising. Its provisions prohibit the advertising of unauthorized gambling products that lack operating permits granted by the Ministry of Finance. Licensed operators can market their services, but with some restrictions. Ads must not leave people with the impression they can use betting as a source of income, for example.

Accordingly, marketing materials should not target or appeal to underage individuals and must make it clear that minors cannot take part in such activities. Each ad must contain a warning stating that frequent and irresponsible betting may lead to gambling addiction. Similar restrictions are in place for land-based gambling operators.

The Advertising Act disallows promotional messages and materials on the exterior of brick-and-mortar gaming venues. Meanwhile, the interior of the betting premises should not be visible to passersby from the outside. All casinos, card rooms, and betting shops should be clearly designated as such.

Sanctions for Violating Act № 186/2016

SanctionsSome offshore operators serve Czech players without licenses issued by the Ministry of Finance. The regulatory watchdog works to impede such businesses by maintaining a blacklist of unauthorized gambling sites. Czech internet service providers (ISPs) have been instructed to restrict access to unlicensed operators.

ISPs that fail to comply also risk sanctions from the local authorities. The same applies to local payment service providers, who must block financial transactions to and from blacklisted gambling sites. Local companies that contravene the provisions of Act № 186/2016 risk various penalties, including license suspension or revocation, gambling equipment confiscation, and administrative fines of up to Kč50 million.

The heaviest sanction violators face is imprisonment for a maximum of ten years, depending on the severity of their contravention. Such criminal sanctions are enforced under the provisions of the Czech Criminal Code (Article 252) and Act № 418/2011 on the Criminal Liability of Legal Entities and the Proceedings Against Them. Last but not least, players should be aware that gambling debts are enforceable under Czech law, but only if the debt is owed to an authorized gambling business.

Conclusion

ConclusionAs you can see, the Czech Republic is very strict when it comes to enforcing gambling regulations. The tougher regulatory climate and the relatively high taxes on certain betting activities have caused large gambling operators like William Hill to exit the Czech market.

Despite these strict rules, gambling remains a widespread form of entertainment in the country. Because of the limited number of locally licensed online operators, many Czechs turn to offshore betting sites and are generally not prosecuted for doing so.