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The legal view: What are the knock-on effects of the UK's gambling tax hike?

Comments from legal experts including Peter Wilson and Richard Williams - alongside the UK's Gambling Commission - shed light on the potential implications of these legislative changes.

5 min read
 What are the knock-on effects of the UK’s gambling tax hike?
Key Points
The UK Government's new Budget spells trouble for the remote sector
Legal opinions highlight that taxation on the remote sector could have knock-on effect on retail
Horseracing and bingo are the two key positives of the new system
The UK's Gambling Commission has reacted positively to its £26m anti-illegal market grant

Indeed, gambling's day of reckoning in the UK has officially made windfall - leaving industry stakeholders reeling in its wake.

The UK's Chancellor of the Exchequer Rachel Reeves confirmed today that remote gaming duty would be rising from 21% to 40% and that online duty would be rising from 15% to 25% as part of the government's attempt to raise £1.1bn+ ($1.45bn) from the gambling industry per year by 2031.

External pressures

Despite the announcement that there would be no change on retail and horseracing, and that the UK Government would be abolishing bingo duty from April 2026, gambling law expert and Keystone Law Partner, Richard Williams, has stated that the "Government has bowed to pressure from Gordon Brown and thinktanks the Social Market Foundation (SMF) and Institute for Public Policy Research (IPPR), who were calling for online gaming and betting duties to be raised significantly.

"The SMF had asked for gambling taxes to be raised to bring in an additional £2.0bn, whilst IPPR went further, asking for £3.2bn. These proposals were resisted by the gambling industry and the Betting & Gaming Council (BGC), which calculated that these proposals would risk 40,000 jobs and a £3bn hit to the economy."

Williams further points out that a mandatory levy of $100m to address harms has, evidently, not scratched the UK Government's itch for the industry. Despite this, land-based operators have been left alone, with Reeves favouring the remote sector as, stated in her Budget, she believes this is the area of the industry that causes the most harm.

Building on Williams' statement and speaking exclusively to Global Gaming Insider, Peter Wilson of PW Legal states: "The increases in remote gaming from 21% to 40% and betting duties from 15% to 25% (from April 2027) will be a sharp shock to the sector. But should we be really that surprised?

"We have known for a long time that the government has been looking around for the least unpopular ways to raise extra tax to plug the hole in finances, and the gambling sector was always going to be a soft option. These increases don't seem to have much to do with tackling gambling harm, although that is the main justification relied on, and more to do with the wider political climate.

"Sensibly, the government has left the hard-pressed land-based sector alone and as expected, the duty on bingo (more of a low stake social game that other gaming) has been abolished."

Ripples in the pond

Prior to today's confirmation, the industry was swirling with fears of tax hikes on the remote sectors high as 50% alongside increased duties on land-based gambling and other struggling areas such as horseracing or machine games. "Some sectors of the industry will be pleased to have been spared, for now," says Williams. "

However, the absence of tax raises is not the absence of impact for the land-based sector, which has been utilising online wagering profits to subsidise its own operations for some time."

Williams continues: "I expect that these measures will lead to significant consolidation in the online industry and closure of large numbers of betting shops, which has been accelerating over recent years."

Wilson chimes in with the potential impact of the Budget on the remote sector, underlining that he feels it is "unlikely that operators will be able to pass on much, if any, of the cost of the duty increases to customers without risking losing market share to other operators, who are prepared to take the hit on their margins. After all, until Covid, many land-based casinos were still highly profitable despite a progressive gaming duty of up to 50%.

"Some smaller remote operators may go to the wall, especially if they are wholly UK based, and do not have a spread of licenses and risk across other European and wider world markets."

Taking the bitter with the better

All of this has not, of course, come without some positives for the industry. Bingo duty of 10% has been abolished entirely - and the UK's Gambling Commission has been given a £26m grant over the next three years specifically to tackle the illegal market.

Nevertheless, the complexity of the UK's legal system - particularly with regard to gambling - has likely been compounded by this new levy. Wilson's closing statement alludes to this fact: "The remote licensed gambling sector in Britain is arguably the most complicated and heavily policed regime in Europe, now it's probably the most stiffly taxed. At a time, when the Gambling Commission is working out how to effectively combat the ever-growing unlicensed sector, it's likely that their job has just got much harder."

On the subject of the Gambling Commission, the regulator also provided direct comment to Global Gaming Insider on the above grant to combat the illegal market, stating: ""We welcome the commitment in the Budget to support our efforts to tackle illegal gambling. The investment of £26m over the next three years will allow the Commission to build on and strengthen the work that we have already undertaken to disrupt illegal operators to protect consumers and the legitimate licensed industry."

Good to know

In anticipation of this Budget, Sky Bet moved its HQ from the UK to Malta, with Flutter having also moved to the US, some now fear bet365 and more will follow suit

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