The Legislative Secretariat of the National Congress has included Veto 49/2023 in the agenda of the next session, which will take place next Wednesday (24). Law 14.790/2023 was sanctioned on December 30 by President Lula, when six articles were vetoed, three of which dealt with taxation on bettors. Since March 3, the Plenary cannot vote on any matter before the veto is considered.
The Order of the Day for the Joint Session of the National Congress will analyze on the next Wednesday (24), at 7 PM, the vetoes of President Lula to Law 14.790/2023, which regulates sports betting and online games in Brazil.
After the presidential sanction, the Civil House sent to the president of the Senate, Rodrigo Pacheco (PSD-MG), the message 749/2023, indicating the reasons for the vetoes to three paragraphs that deal with the taxation of bettors and another three on commercial promotions.
In the reasons pointed out for the veto on taxation to bettors, the message informed:
“The maintenance of §§1º and 3º of art. 31 of the PL would entail a taxation of Income Tax different from that seen in other lottery modalities, thus having a distinction of tax conduct without a motivating reason for such. Moreover, the maintenance of §2º of art. 31 of the PL would also go against tax equality, under the terms of art. 150, II, of the Federal Constitution, since it would bring a logic of Income Tax exemption in disagreement with the ordinary rules existing in the scope of receiving prizes from lotteries in general, established by art. 56 of Law No. 11.941, of 2008.”
The paragraphs provided for the collection of Income Tax on winnings of bettors that exceeded R$ 2,100 annually, calculated gains and losses, that is, the net result of all bets.
Presidential vetoes lock the agenda of the National Congress and no matter can be considered before they are accepted or rejected in Plenary, as determined by § 6º of art. 66 of the Federal Constitution.
Since March 3, the final deadline according to the Internal Regulations of the National Congress, Veto 49/2023 has locked the agenda.
To reject the vetoes, an absolute majority of the votes of deputies and senators is required, that is, 257 votes of deputies and 41 of senators, counted separately. If a lower number of votes for rejection is recorded in one of the Houses, the veto is maintained.
As soon as the vetoes are deliberated, the corresponding parts of the project are sent for promulgation by the President of the Republic, who has 48 hours to do so. If he does not do so within this period, it is up to the president of the Senate to promulgate the law.
Source: GMB
