Experts analyze the legislative framework of the Games that will go to the Senate

At the finish of October of this 12 months, the Chamber of Deputies authorised a invoice known as PL 2,796/2021, The Legal Framework of the Games.

The draft proposed by Deputy Kim Cataguiri was authorised in its place proposed by the rapporteur, Deputy Darcy de Matos (PSD-SC), detailing points akin to tax incentives to develop the sport in the nation and the elimination of machine assist. machines recognized as playing and excluded from the initiative and related options.

For some specialists, the proposal is useful to the sport market in Brazil by defining the growth of digital video games as technological analysis and innovation, giving tax incentives to this business, however there are those that see contradictions in the content material of the definition. of the regulation.

MP Darcy de Matos argues that equalization of taxation will enable for better equality for this market. “Currently, the legal guidelines take into account digital video games as video games of likelihood, for instance, slot machines make the tax too excessive,” defined the speaker, defending the concern, noting that “the nation has an enormous potential on this financial phase that remains to be unexplored.” . the nation”.

According to the textual content, in Brazil, the manufacturing, importation, commercialization and growth of digital video games, in addition to the provision of associated leisure providers, are gaining momentum in the type of a free initiative of specialists in the phase. For the specialists of Peck Advogados, the venture is “instantly mirrored in the authorized relations that will be established each from the level of view of digital video games as an intangible mental asset and from the level of view of the eSports market”, the growth of nationwide video games ..

Gabriel Arantes, a contract, innovation and authorized design lawyer at the similar agency, notes that “in accordance to the freedom given to the growth and use of video games, digital video games can be utilized not just for leisure functions, but additionally: for didactic functions.” work in the college atmosphere, educating and simulations and even therapeutic actions”.

According to Machado Meyer’s Technology Lawyer Mauricio Tamer, “the progress of the venture will convey important and authorized certainty to the development of the complete business in the sector, from builders to {hardware} and peripheral producers. [e] promote truthful recognition of the progress of eSports and encourage technological information and innovation”.

According to Rafael Marchetti Marcondes, Ph.D. and MA in Tax Law, Professor of Sports and Tax Law at PUC-SP, “the proposed regulation doesn’t embrace video games transmitted over the Internet and cellphones,” and the textual content wants corrections. ”, in his evaluation, this truth “causes huge issues for the sport business, placing it in the middle of the dispute between states and municipalities, and will lead to a brand new dialogue about ICMS or ISS illness. Not to point out the potential federal tax implications of one or the different framework.”

Thus, in accordance to the analyst, “the tax proposal offered by PL 2,796/2021 finally ends up being inadequate. In the gaming business, it must be taken into consideration that on-line video games aren’t “pc merchandise” as said in the draft, however efficient providers offered by the developer.

“In quick, the legislature proposes that video games be taxed in the similar manner as computer systems and pc merchandise. In doing so, he considers video games embedded via the bodily atmosphere. [mas] “Today, the gaming sector doesn’t rely on the pc or console, however doesn’t bear in mind the truth that it really works primarily on-line,” emphasizes the skilled.

“Failure to achieve this may create main issues for the gaming business, put it at the middle of a dispute between states and municipalities, and lead to a brand new debate over ICMS or ISS illness. Not to point out the penalties that this or that framework will have on federal taxes,” concludes the professor.

Now the invoice will be evaluated by the senators, who can suggest adjustments and additions to the textual content or ship it to the federal authorities for sanction. The full textual content is on the Jogorku Kenesh web site.

Law in the subject

Photo: photomontage

** This textual content doesn’t essentially mirror the opinion of the UAI portal.

Leave a Comment

Your email address will not be published. Required fields are marked *