Coljuegos rejects operators' objections to new settlement protocol
The Colombian regulator, Coljuegos, has sent a message of technical and legal firmness to the local games of chance and luck (JSA) sector. After concluding the review period of the draft resolution for the new Comprehensive Settlement Protocol, the entity published the consolidated responses to the industry's observations, rejecting the vast majority of modification requests made by the operators.
For Coljuegos, the proposals from companies in the sector —which sought greater flexibility in tax calculation— "are not admissible" as they contravene the current legal framework, especially Law 643 of 2001.
No room for "negative results" or losses
One of the points of greatest friction between the regulator and casino operators was the request to recognize negative results or operational losses within the settlement base. Coljuegos’ response was clear: the settlement of exploitation rights must strictly adhere to the law, which defines gross income as the total value of bets minus the prizes paid.
In this regard, the regulator clarified two non-negotiable pillars:
- Gross Income: Only prizes duly recorded in the Online Connection System (SCL) may be deducted.
- Administrative Expenses: The protocol seeks to standardize this charge to avoid discretionary interpretations, eliminating any concept that is not strictly the prize derived from the game’s dynamics.
Machines under maintenance: The rigor of the historical average
Another concern of the private sector was the charge on slot machines (METs) out of service due to technical failures. Coljuegos was emphatic that the responsibility for the connection lies with the operator.
If a machine does not report data or is disconnected without a valid justification within the system, the regulator will not exempt the payment; on the contrary, it will apply estimation mechanisms based on historical averages or legal presumptions to prevent tax evasion.
Towards automatic and digital settlement
The new protocol is not only a control tool but also a modernization effort. Coljuegos is betting on the digital transformation of collection to reduce manual errors.
- Suggested Settlement: The system will make payment data available to operators in the first days of the month.
- Operator Responsibility: Although there are margins to submit objections, the accuracy of the data transmitted to the SCL is the sole responsibility of the operating company.
- Social Purpose: The regulator reminded that efficiency in this collection is fundamental to guarantee resources allocated to the Colombian health system.
The final resolution is expected to be published in the coming days. With this move, Coljuegos closes the door to negotiations on the taxable base and prepares for a much more aggressive technological oversight phase.
Tags: Colombia, casino Colombia, Coljuegos, Law 643 of 2001 Colombia