Bill seeking to impose clear tax rates for POGOs pushed in Senate

Robie de Guzman   •   February 11, 2020   •   558

MANILA, Philippines – Senate President Pro-Tempore Ralph Recto on Tuesday said he has filed a bill seeking to impose a 30 percent income tax and five percent franchise tax on Philippine offshore online gaming operations (POGOs).

In a statement, Recto said he recently filed Senate Bill No. 1295 proposing the establishment of a tax regime for POGOs which are duly licensed and authorized by the Philippine Amusement and Gaming Corporation (PAGCOR).

Despite the fact that POGO is a growing industry in the Philippines, the lawmaker said the nature of its business activity creates confusion in the enforcement of the country’s existing laws.

Recto said that under PAGCOR rules and regulations on POGO operations, licenses are issued to Filipino-based or foreign-based operators. Service providers that form part of the components of the POGO operations such as gaming software provider, business outsourcing provider and content streaming provider are likewise required to secure a license.

“Both Philippine-based and foreign-based POGO operators are taxable on their income from gaming operations and other related services,” he said.

“Establishing the tax regime of POGOs and incorporating the same in the National Internal Revenue Code (NIRC) of 1997, as amended, is necessary to remove any doubt and avoid the confusion as to whether or not POGOs are taxable in our jurisdiction,” he added.

Under the bill, licensed Philippine-based POGOs, local gaming agents and service providers shall be subjected to a 30-percent income tax, the taxable amount will be derived in the preceding taxable year from all sources within and outside of the Philippines.

Foreign-based POGOs shall also be subjected to a 30-percent income tax based on their gross income derived from game offerings or facilities located within the Philippines.

On top of the 30-percent income tax, Recto’s bill also proposed the imposition of a five-percent franchise tax on all gross receipts derived from gaming operations of both Philippine and foreign-based POGO operators.

The proposal is pending before the Senate ways and means committee.

Senate probe into PAGCOR’s alleged lobby for POGO’s quarantine exception sought

Robie de Guzman   •   May 8, 2020

MANILA, Philippines – Opposition Senators Francis Pangilinan and Risa Hontiveros are calling on their fellow lawmakers to conduct an inquiry in aid of legislation into the alleged lobbying of the Philippine Amusement and Gaming Corporation (PAGCOR) to exclude Philippine Offshore Gaming Operators (POGO) in the COVID-19 quarantine.

In a joint statement, Pangilinan and Hontiveros said they have recently filed Senate Resolution 396 after PAGCOR allowed POGOs to resume partial operations, subject to strict conditions, purportedly to boost government revenues amid the COVID-19 pandemic.

The senators said that the gaming regulator’s “actuations in lobbying for an exception in favor of the POGO industry threaten to unduly put the health and well-being of the Filipino people at risk by undermining the enhanced community quarantine (ECQ).”

“Even going by the official estimate, allowing more than 50,000 workers in the online gambling industry to return to work represents a substantial exception to the ECQ rules,” they said.

PAGCOR chairman Andrea Domingo earlier argued that licensed POGOs should be allowed to resume operations as these are part of the Business Process Outsourcing (BPO) sector.

BPOs have been allowed to operate amid the quarantine period.

Domingo earlier assured that before POGOs were allowed to resume partial operations, they would have to meet safety and health requirements.

But Pangilinan and Hontiveros both expressed apprehension that the partial reopening of POGO operations could “reverse the efforts put in place to stem the spread of COVID-19”as there is no assurance that POGOS will follow the Department of Health’s guidelines on physical distancing, wearing of masks, and frequent handwashing and sanitation.”

The IT and Business Process Association of the Philippines (IBPAP) have also rejected that POGOs are part of the BPO industry, citing four key differences:

  • BPO companies are registered with the Philippine Economic Zone Authority (PEZA) or the Board of Investments, while POGOs are registered with PAGCOR,
  • the offshoring nature of POGOs are allegedly because they are unable to practice their betting or gambling functions in their respective shores,
  • IT-enabled jobs BPO companies create are of much higher value, requiring a range of technical, domain, and soft skills, and
  • BPOs come to the Philippines to leverage off the country’s human capital, like strong English and technical skills, customer service orientation, malasakit, and ability to adapt to foreign cultures. On the other hand, majority of POGO staffing comes from foreign labor brought into the country to support their operations.

According to IBPAP, POGOs are not part of the annual IT-BPO Headcount and Revenue report, which in 2019 ended with 1.3 million direct employees and $26.3 billion in revenues, the senators said.

PAGCOR also argued that revenues from POGO operations can be a significant source of funds for the government’s COVID-19 response.

It also said that operators are ordered to pay all tax obligations up to March 2020 before they will be allowed to resume operations and only registered workers cleared in COVID-19 rapid tests to report back to work.

But Hontiveros and Pangilinan pointed out that during a Senate hearing in February 2020,

the Bureau of Internal Revenue revealed that POGOs failed to pay the government an estimated P50 billion in withholding and franchise taxes in 2019.

The senators said the uncollected taxes of POGOs could be a source of additional government funds for COVID-19 response.

“[But these] taxes need to be collected regardless of the industry’s status of operations during the community quarantine,” they said.

The senators also pointed out that the resumption of POGO operations will have minimal impact on the country’s economy.

They cited records from the Anti-Money Laundering Council (AMLC) showing that the industry only accounts for 0.04% of the domestic economy.

Earlier this week, a group of House lawmakers filed a bill seeking to have POGOs declared illegal by prohibiting the operations of any offshore gaming by any means or device within Philippine territory.

Malacañang denies ‘favoritism’ claims in partial resumption of POGO ops

Marje Pelayo   •   May 4, 2020

MANILA, Philippines — The national government has recently allowed partial resumption of operations for Philippine Offshore Gaming Operators (POGO) in the country despite the prevailing enhanced community quarantine (ECQ) against the spread of the coronavirus disease (COVID-19).

Malacañang has been accused of favoritism over its decision but Presidential Spokesperson Secretary Harry Roque said the business process outsourcing (BPO) sector has long been allowed to partially operate and that covers the POGO industry. 

He added that the decision as to which industry will be allowed partial opening depends on the Bureau of Internal Revenue (BIR) and the Philippine Amusement Gaming Corporation (PAGCOR) especially when POGOs do not have liabilities such as tax issues to settle.

Wala pong favoritism diyan, [There is no favoritism here,]” Roque said.

“On the contrary, the equal protection clause that provides that all those similarly situated must be treated alike so dahil isang klase ng BPO ang POGO, kinakailangan mapabuksan din sila [and so, since POGO is a type of BPO, they should be allowed to open] be it ECQ or GCQ,” he added.

But the IT and Business Process Association of the Philippines (IBPAP) countered this claim, saying POGOs cannot be considered as part of the BPO sector.

“The IT and Business Process Association of the Philippines (IBPAP) would like to have it clarified that as far as the IT-BPM industry is concerned, Philippine Offshore Gaming Operators or POGOs, as they are commonly called, cannot be considered as Business Process Outsourcing (BPO),” said IBPAP president and CEO Rey Untal on Saturday..

Untal said though BPOs and POGOs may have similarity in the nature of operation which is offshore, he said POGOs primarily do so because they are unable to practice their gambling functions in their own shores.

“BPOs come to the Philippines to leverage off our human capital, i.e. our strong English and technical skills, customer service orientation, malasakit, and ability to adapt to foreign cultures,” Untal said.

“This, in turn, has directly benefited millions of Filipinos by providing them with better employment opportunities throughout the years,” he added.

IBPAP also stressed that BPO operations are regulated by the Philippine Economic Zone Authority (PEZA) while POGOs are only monitored by PAGCOR.

Senator Ronald Dela Rosa, for his part, expressed support for the resumption of POGOs as they are deemed essential as a source of additional funding to support the national government response amid the COVID-19 crisis. MNP (with reports from Rosalie Coz)

PH gov’t allows POGO partial operations amid community quarantine

Robie de Guzman   •   May 1, 2020

MANILA, Philippines – The government has allowed the Philippine Offshore Gaming Operators (POGO) to resume partial operations amid the enforcement of community quarantine against novel coronavirus disease (COVID-19).

The Philippine Amusement and Gaming Corporation (PAGCOR) said POGOs have been allowed to partially reopen, subject to stringent conditions.

PAGCOR said that prior to the resumption of operations, POGOs and their service providers are ordered to strictly adhere to the following pre-requisites:

  • Updating and settlement of all their tax liabilities, as certified by the Bureau of Internal Revenue;
  • Updating of their payments for any regulatory fee, license fee, performance bond or penalties due to PAGCOR;
  • Remittance of regulatory fees for the month of April;
  • Must pass the readiness to implement safety protocols

The PAGCOR also assured they will impose safety protocols on POGOs to ensure that its employees will be protected from infections and the spread of the virus in their communities will be avoided.

These safety measures include:

  • The permission of only 30 percent workforce per shift in authorized operating sites;
  • Provision of shuttle services for employees from their places of residence to their offices;
  • Temperature checks upon entry at the office premises;
  • Practicing social distancing, proper sanitation and disinfection, and
  • Wearing of mask at all times, among other important guidelines to curb the infection

Meanwhile, POGO employees who are confirmed COVID-19 cases, including those who are suspect or probable cases, will not be allowed to work.

“The vulnerable groups, including the sick, immunocompromised, seniors, pregnant women, and those with co-morbidities will not be deployed,” PAGCOR said.

“Those who will report back to work – whether Filipinos or foreign nationals – must be tested for COVID-19 and must obtain a negative test result from a testing facility duly-registered with the Food and Drugs Administration,” it added.

POGOs are also required to establish an isolation room for employees who may start to exhibit symptoms of the virus.

“Even with the partial resumption of POGO operations, we will put premium on the safety of their employees, and the gaming industry as a whole,” the agency said.

“While we recognize their huge contributions to nation-building, and their great viability as a funding source in these difficult times, we still have to practice extra precaution in striking a balance between health and economic benefits,” it added.

PAGCOR Chairman and CEO Andrea Domingo said the decision to allow POGOs’ partial operations was reached with the intention of helping the national government raise necessary funds to combat the novel coronavirus (COVID-19) pandemic.

Citing the revenues from POGOs as a significant source of funds that would supplement efforts to curb the health crisis, Domingo assured that the management followed the  guidelines provided by the government under the Enhanced Community Quarantine (ECQ).

The agency said that its decision likewise seeks to preserve the employment of 31,556 Filipinos who were directly hired by said industry; and create ripples in the country’s economic activity such as the real estate industry as POGOs occupy 1,000,000 square-meter of office space.

Domingo said POGO operations were allowed to partially reopen under Information and Communication Technology-Business Process Outsourcing (ICT-BPO) exemption.

Businesses classified under ICT-BPO are those that are involved in non-primary business and functions, which will be allowed to operate under the existing community quarantine rule.

With the partial resumption of POGOs, Domingo said that functions of law enforcement agencies will continue, and sanctions and penalties will apply to POGO licensees and service providers who will be found in violation of PAGCOR’s pre-requisites and security protocols, and of the Inter-Agency Task Force’s (IATF’s) orders.

PAGCOR will also coordinate with local government units in monitoring POGOs compliance to protocols while the IATF will conduct inspections.

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