In 2026, a licensed fixed-odds betting operator in Brazil lives with four layers of fiscal and parafiscal cost: the grant paid for the authorization, taxation on gaming revenue, the monthly supervision fee and ordinary corporate taxation, over which the transition to the consumption tax reform now casts its shadow. The news of the year is the staged increase in the rate levied on betting revenue, introduced by Complementary Law No. 224 of December 26, 2025, after an earlier attempt to raise it by provisional measure failed in Congress. Understanding what is actually in force, and what fell by the wayside, is the difference between a reliable budget and a cash flow surprise.
The licensing grant: cost of entry and of renewal
Authorization to operate commercially comes at a price. Under SPA/MF Ordinance No. 827 of May 21, 2024, issued by the Secretariat of Prizes and Betting of the Ministry of Finance (SPA/MF), the grant is up to R$ 30 million (Brazilian reais), the authorization runs for five years and the act allows the exploitation of up to three commercial brands, all on .bet.br domains. Financially, that amount is not a current expense: it is an investment with a defined horizon, to be amortized across the authorization cycle and reconsidered when planning renewal. Add to it the requirement of minimum paid-in capital stock of R$ 30 million, a financial reserve of R$ 5 million and minimum net equity of R$ 30 million, which tie up funds and shape the group's capital structure. There is also a governance point that is often missed: because the authorization expires, the cost of renewal should already appear in long-term projections, alongside the realistic possibility that requirements will be tighter by the time renewal comes around.
Taxation on GGR: what changed in 2026
Law No. 14.790/2023 set the levy on gross gaming revenue, or GGR, meaning total amounts collected from bets less prizes paid to bettors, with an original rate of 12% and proceeds earmarked for areas such as sport, public security, education and health. SPA/MF Ordinance No. 41 of January 10, 2025 regulated the distribution of those social earmarkings.
In 2025 the government tried to raise the rate through Provisional Measure No. 1.303/2025, which at one point contemplated a rate of up to 18%. The measure was pulled from the agenda in the Chamber of Deputies and lapsed, so the increase never materialized by that route.
The increase arrived by another path. Complementary Law No. 224 of December 26, 2025 established a gradual rise in taxation on the revenue of online betting houses, moving from 12% to 13% in 2026, 14% in 2027 and 15% in 2028. The changes take effect on January 1, 2026, except for taxes subject to the ninety-day rule, such as PIS, COFINS and CSLL, whose effects shift to April 2026. The same complementary law introduced joint liability for financial institutions and payment companies that enable transactions with unauthorized operators, as well as for anyone publishing advertising for illegal betting brands, which ties the tax agenda to compliance and to advertising.
The practical warning: revenue models built on a 12% GGR rate must be rebuilt along the 13%, 14% and 15% curve through 2028.
Supervision fee: a monthly obligation by bracket
On top of revenue taxation, the operator pays a monthly supervision fee, governed by SPA/MF Normative Instruction No. 9 of February 5, 2025. The fee is tiered into eight brackets according to amounts collected, starting at R$ 54,419.56 for monthly collection of up to R$ 30,837,749.76 and reaching R$ 1,944,000.00 for collection above R$ 660,960,000.01. Payment is made through a federal collection form by the 10th day of the month following the distribution of prizes.
Two effects deserve attention. The first is relative regressivity: because the amount is fixed within each bracket, the fee weighs proportionally more on smaller operations. The second is the step effect: an unusual month of collection can push the operator into the next bracket and raise the outlay in a non-linear way, which calls for monthly tracking rather than an annual projection alone.
Income tax on bettors' prizes
Taxation of the bettor affects the operator directly, because it creates ancillary obligations and friction in the user experience. The rule was detailed in RFB Normative Instruction No. 2.299 of December 18, 2025, issued by the Federal Revenue Service:
- A rate of 15% on the annual net prize, calculated by consolidating the bettor's gains and losses across all operators.
- Calculation segregated into three categories: real sporting events, virtual online games and fantasy sport.
- The levy applies only to amounts above the first bracket of the annual individual income tax table, stated at R$ 28,467.20.
- Assessment in March and payment by the last business day of April of the year following the bets.
- Platforms must issue the ComprovaBet, a statement of gains and losses segregated by type, by the last business day of February.
Issuing the ComprovaBet on time demands integration between product, data engineering and tax teams. An error here does not only create an ancillary liability: it creates user complaints and regulatory exposure.
Tax reform: what lies ahead
Complementary Law No. 214 of January 16, 2025 created the CBS, the IBS and the Selective Tax. For the betting sector, the relevant points are:
- 2026 is a test year, with rates of 0.1% for the IBS and 0.9% for the CBS, creditable against PIS and COFINS due in the same period provided ancillary obligations are met, with no effective increase in burden.
- From 2027, the IBS and the CBS apply to operators' own revenue, after deducting prizes actually paid and statutory earmarkings.
- Lotteries and betting are among the activities reached by the Selective Tax, and that tax forms part of the IBS and CBS calculation base, an effect that must enter the model now.
- PIS and COFINS are extinguished from 2027, and ICMS and ISS are phased out between 2029 and 2032.
Because the specific Selective Tax rates for the sector still depend on definition and regulation, any figure circulating today should be treated as an estimate under discussion, not as a budgeting parameter. Prudent planning works with scenarios.
Tax checklist for 2026
- Rebuild the margin model along the 13%, 14% and 15% GGR curve through 2028.
- Track the supervision fee bracket monthly and the 10th-day deadline.
- Make sure the ComprovaBet is issued by the last business day of February.
- Review contracts with payment institutions in light of the joint liability created by Complementary Law No. 224/2025.
- Map the impact of the Selective Tax and of the IBS and CBS transition from 2027, with scenarios rather than a single number.
- Document the social earmarkings under SPA/MF Ordinance No. 41/2025.
How our firm can help
Oliveira & Jacobovitz works at the intersection of regulatory and tax law in the betting sector: review of GGR calculation and statutory earmarkings, classification and control of the supervision fee, compliance with the ancillary obligations tied to bettors' prizes, analysis of payment provider contracts in light of joint liability, and construction of scenarios for the tax reform transition. We also track bills that may change the sector's burden, so business decisions rest on what is actually in force. Every matter is analyzed individually, with no guarantee of outcome.
