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Regulation Update

A potential EU tax on online gambling could pave the way for wider harmonisation

A new European levy could force member states to agree on common definitions and tax rules for the iGaming sector

The possibility of introducing an EU-wide tax on online gambling could have consequences that go well beyond generating additional revenue for the European budget.

As EU member states negotiate the bloc’s 2028-2034 financial framework, online gambling has emerged as a potential source of new EU revenue. However, introducing such a levy would first require governments to address a much broader issue: the lack of common definitions and taxation rules across the European gambling market.

One industry, 27 regulatory approaches

Online gambling operates across borders, but its regulation remains largely under the control of individual member states.

Licensing requirements, tax structures, compliance obligations and enforcement practices vary significantly between jurisdictions. The result is a fragmented European market in which operators must navigate different national frameworks.

According to European gambling legal expert Claire Pinson-Bessonnet, an EU gambling tax would require member states to agree on what exactly should be taxed and how the taxable base should be calculated.

At present, the EU does not have a common legal definition for key industry concepts such as Gross Gaming Revenue (GGR).

Taxation could trigger a wider harmonisation debate

This is what makes the proposal potentially significant for the wider iGaming sector.

Before an EU-wide contribution could be introduced, governments would need to establish common rules covering the activities included, the tax base and potentially the method used to calculate the levy.

Possible models examined by the European Commission include taxation based on GGR, gambling turnover or player stakes. Policymakers would also need to decide whether the measure should cover all online gambling or only specific verticals such as sports betting, casino, poker and bingo.

Another unresolved question is whether land-based gambling should also fall within the scope of a future EU resource.

Unanimity could be required

The legislative process would be complicated and could involve two separate stages requiring agreement between member states.

Articles 113 and 115 of the Treaty on the Functioning of the European Union provide possible legal routes for harmonising taxation or bringing national legislation closer together.

A separate decision would then be required to establish gambling as a new EU own resource under Article 311.

Both stages would involve significant political hurdles, with unanimity among member states required.

The debate is therefore not simply about whether gambling operators should contribute more money to Brussels. Governments would first have to agree on common rules for defining and taxing gambling activity.

Concerns over the impact on licensed operators

The potential introduction of another layer of taxation also raises concerns about Europe’s regulated markets.

Licensed operators already compete with offshore businesses that do not face the same taxation, licensing and compliance costs. A new EU levy could increase the burden on regulated companies while leaving illegal operators largely unaffected.

Any European tax initiative could therefore lead to wider discussions around enforcement, illegal gambling, payment restrictions, advertising and cooperation between national regulators.

No immediate move towards a single gambling market

An EU gambling tax would not automatically create a single European licensing or regulatory system.

However, agreeing on a common tax base could represent an important first step towards greater coordination. Member states would have to establish shared concepts in an industry that has traditionally remained firmly under national control.

That is why the current debate could prove more significant than the potential tax itself.

If EU governments agree on common definitions and taxation principles for online gambling, the process could reopen a much broader discussion about whether the fragmented European iGaming market is ready for greater regulatory harmonisation.

Source: SBC News