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O presidente Luiz Inácio Lula da Silva sancionou parcialmente o Projeto de Lei nº 3.626 de 2023, que regulamenta apostas esportivas de quota fixa, as chamadas bets.
A medida, publicada neste sábado (30) em edição extra do Diário Oficial da União, tributa empresas e apostadores e define regras para a exploração do serviço, além de determinar a partilha da arrecadação.
As apostas esportivas de quota fixa são aquelas em que o apostador sabe exatamente qual a taxa de retorno no momento da aposta. De acordo com o Palácio do Planalto, com a nova lei, ficam regulamentadas apostas virtuais, apostas físicas, evento real de temática esportiva, jogo on-line e eventos virtuais de jogos on-line.
O texto fixa expressamente a cobrança de 15% de Imposto de Renda da Pessoa Física (IRPF) sobre o valor líquido dos prêmios obtidos. A lei determina ainda que, do produto da arrecadação após deduções, 88% serão destinados à cobertura de despesas de custeio e manutenção do agente operador da loteria.
Os 12% restantes terão as seguintes destinações: 10% para a área de educação; 13,6% para a área da segurança pública; 36% para a área do esporte; 10% para a seguridade social; 28% para a área do turismo; e 1% para medidas de prevenção, controle e mitigação de danos sociais advindos da prática de jogos, nas áreas de saúde.
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“A sanção presidencial também é importante porque atende ao objetivo do governo brasileiro em ampliar a arrecadação com a regulamentação das apostas esportivas, contribuindo para a meta de déficit zero”, destacou o Palácio do Planalto, por meio de nota.
Ainda de acordo com o comunicado, por meio de regulamentação do Ministério da Fazenda, serão estabelecidos requisitos e diretrizes para expedição e manutenção da autorização para explorar apostas de quota fixa, condicionados à comprovação da implementação de políticas que incluem prevenção à lavagem de dinheiro, ao financiamento do terrorismo e à proliferação de armas de destruição em massa; e integridade de apostas e prevenção à manipulação de resultados e outras fraudes.
A lei também determina que os valores dos prêmios não reclamados serão revertidos em 50% ao Fundo de Financiamento Estudantil (Fies) e em 50% ao Fundo Nacional para Calamidades Públicas, Proteção e Defesa Civil (Funcap), observada a programação financeira e orçamentária do Poder Executivo federal.
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