Law Summary
Regulation and Taxation of Sweepstakes
- Sweepstakes related to charity and horse racing are to be held under rules set by the governing Board in accordance with Republic Act No. 309.
- In cases where a sweepstakes race cannot be held due to war, calamity, or insufficient horses for prize determination, the Board may prescribe an alternative prize distribution method that is just, equitable, and expeditious.
- Sweepstakes and ticket sales are exempt from all taxes except:
- Each ticket must bear a government-issued internal revenue stamp costing twelve centavos.
- A 5% deduction from the total prize fund must be remitted to the Bureau of Internal Revenue within 10 days after each sweepstakes as a substitute for income tax on prize winners.
- Prizes paid from the remaining prize fund after the 5% deduction are exempt from income tax.
- Tickets are government-printed and considered government securities, providing legal protection against forgery or alteration.
Purpose and Justification for Tax Measures
- The increased taxes on gambling winnings are aimed at generating additional government revenue to support accelerated national development.
- Gambling facilities are justified primarily due to their contribution to charitable projects and government upkeep.
- Moral and economic considerations support imposing higher taxes on legalized gambling to ensure social equity and public welfare.
Implementation and Effectivity
- The decree amends specific sections of existing laws, namely Section 260-A of the National Internal Revenue Code and Section 4 of Republic Act 1169.
- The provisions became effective immediately upon promulgation on June 3, 1977.
- Authority to enforce and administer the tax collection is vested in the operators, managers, Boards, and the Bureau of Internal Revenue.
Penalties and Compliance
- While the decree mandates withholding taxes and remittance, it implicitly relies on government enforcement mechanisms for compliance.
- Illegal alteration or forgery of sweepstakes tickets is subject to stringent penalties because these tickets are classified as government securities.
- The decree highlights the government's interest in regulating and taxing all forms of gambling winnings uniformly to prevent tax evasion and abuse.