Gambling legislation in the Peruvian market: updates for 2025
The sports betting industry is one of the fastest-growing sectors in the world, and Peru is no exception. The Peruvian market is already valued at over 4.5 billion soles – equivalent to approximately 1.2 billion dollars, according to official data from the Ministry of Foreign Trade and Tourism (Mincetur), as reported by the newspaper Gestión.
This growth prompted a process to establish a regulatory framework for betting operators, culminating in Law 31557, later amended by Law 31806. These measures aim to regulate the Peruvian gambling market, with the final steps being completed recently to enable tax collection from January 2025.
Although the law’s regulation was published in October 2023 via a supreme decree, and the tax technically came into effect in April 2024, the National Superintendence of Customs and Tax Administration (SUNAT) had yet to collect it. This delay was due to the absence of an established process for both domestic and international companies to pay the tax.
Additionally, more than 145 companies had applied for licences to operate in Peru by June, according to Yuri Guerra, Peru’s Director General of Casino Games and Slot Machines. These operators, both large and small, national and international, have recognised the potential for growth in Peru. “We’ve managed to bring nearly all operators into compliance with the regulations, whether they are established players or newcomers from other markets,” Guerra commented.
Peru as a regional leader
Peru has become the third South American country to regulate sports betting, following Colombia and Argentina. Brazil is set to implement its legislation on 1 January, while Chile is progressing towards similar regulation. This step highlights Peru’s commitment to formalising the industry.
Tax revenues from the sector will be distributed as follows: 20% to the Public Treasury, 20% to the Peruvian Sports Institute (IPD), 20% to the Ministry of Health (MINSA), and 40% to Mincetur, with the latter primarily allocated to controlling betting establishments.
Taxes to be paid from 2025
On 14 December, the Ministry of Economy and Finance (MEF) issued provisions for taxing online gambling operators, including regulations for the Selective Consumption Tax (ISC). These rules, detailed in Supreme Decrees No. 253-2024-EF and No. 254-2024-EF, will come into effect in January 2025.
Previously, Congress had debated a bill (8697-2024), proposed by Diana Gonzales of the Avanza País party, to delay tax collection until after the necessary administrative processes were in place. Ultimately, under the MEF’s guidance, companies with licences will only begin paying taxes in 2025, avoiding retroactive payments from 2024.
In November, SUNAT published a draft resolution to regulate the registration of foreign companies in the Single Registry of Taxpayers (RUC). Legislative Decree 1644, issued in September 2024, clarified procedures for collecting taxes from companies that already held licences, ensuring parity across operators.
With the MEF’s regulations now in place, SUNAT estimates that taxes from around 50 companies could generate 70 million soles annually.
Impact on users
The introduction of a 12% monthly tax on net profits and a 1% ISC on bets will not directly affect users, according to experts. However, operators may adjust prize levels to offset these costs.
Even so, the legislation has been well-received by the public. A study, Responsible Gambling: Perspectives and Consumer Trends in Latin America by Playtech, revealed that 75% of Peruvians believe the State should regulate the sector. Furthermore, 82% of Peruvian players reported gambling online in the past six months, the highest rate among participating countries.
A step towards formalisation
The changes to Peru’s gambling legislation are a significant milestone, with tax collection set to begin in 2025. The revenue generated will allow the Peruvian government to better regulate and control this fast-growing industry, solidifying its position as a leader in the Latin American gambling market.
