HM Treasury Consultation: Tax Treatment of Remote Gambling
On 28 April 2025, HM Treasury launched a consultation on Tax Treatment of Remote Gambling (the “Tax Consultation”). The Tax Consultation aims to create a simpler, streamlined system by proposing a new, single Remote Betting & Gaming Duty which would replace the current tax regime for online operators.
Background and purpose of the Tax Consultation
Since 2014, remote gambling operators in the UK are subject to the following taxes:
- General Betting Duty (“GBD”) – Due at 15% of gross profit for fixed-odds bets, totaliser bets on horse or dog races, and bets taken on betting exchanges, 10% for sports spread bets and 3% for financial spread bets.
- Pool Betting Duty (“PBD”) – Due at 15% of gross profit on bets not at fixed-odds apart from those on horse and dog racing.
- Remote Gaming Duty (“RGD”) – Due at 21% of gross profit and is payable on the provision of online gaming to a UK customer.
In the Tax Consultation, HM Treasury proposes to move to a single tax called Remote Betting & Gaming Duty (“RBGD”) for UK-facing remote gambling in order to harmonise the existing duties into a single rate. This tax would have in its scope betting and gaming activities offered remotely, such as online casino, bingo, and remote betting, including general and pool betting.
HM Treasury notes that “as remote gambling has matured, the distinctions in tax treatment between general betting, pool betting and remote gaming are less reflective of real-life distinctions in customer experience of the products”. Given the common features across the different forms of remote gambling, HM Treasury’s view is that “there is no longer a strong rationale to maintain this historical distinction” in the duty rates.
The Tax Consultation seeks views from stakeholders on the shape, scope, coverage, administration, and enforcement of the new proposed RBGD.
Consultation themes
- The proposal of a single remote gambling tax
This chapter explains why the government is considering introducing a single RBGD and a high-level view of how the tax would operate. For instance, the government acknowledges that operators providing gambling to UK customers have limited familiarity with the UK tax system and its administration, therefore simplification is at the heart of this proposal.
As explained above, the proposal is to harmonise the current duty rates for RGD, GBD and PBD in a single rate. Should the government proceed with the RBGD, the rate will be set as part of the Budget process.
- Basic framework and scope of the tax
This chapter details the proposed approach to use the existing ‘place of consumption’ (“POC”) framework. POC in this context means that a gamble or bet is subject to UK gambling duties if:
- the person making the bet is a ‘UK person’;
- it is made on UK premises where betting facilities are available.
This chapter also sets out the basis for calculation of taxable profits. Under the existing RGD, GBD and PBD regimes, gambling tax liability is calculated by applying the appropriate tax rate to taxable profits. Taxable profits are calculated based on stakes paid in, less prizes paid out. The government does not see the need to add unnecessary complexity by changing this and will mostly retain the current approach to establishing taxable profits (beyond the issues around freeplays, free bets and prizes discussed below).
Regarding the scope of RBGD, it is proposed that the government will be led by existing legal definitions of ‘remote’ gambling, as contained in section 154 of the Finance Act 2014, which reflect the definition of ‘remote gambling’ in section 4 of the Gambling Act 2005 and its regulatory licence structure.
Given the definition of ‘remote gambling’, all ancillary activities other than those covered by Bingo Duty, Gaming Duty or Machine Games Duty (and therefore already subject to other duties) would be in scope of RBGD. The remote betting activities of an on-course bookmaker and remote spread betting would also be activities included in RBGD. However, HM Treasury is seeking views on whether the inclusion of spread betting is appropriate, or whether alternative treatment is required.
- Consistency of treatment of free bets, freeplays, and prizes
As freeplays and free bets are subject to tax-specific treatments, HM Treasury wants to test whether RBGD should adopt a common treatment for freeplays and free bets offered for all remote gambling.
Free bets
The government proposes to align the tax treatment of remote free pool bets with the treatment of free bets as stakes for GBD purposes. This means that when a customer places a free pool bet, the value of that bet would be included in the licensee’s taxable amount. Any winnings paid to UK customers from these taxable free pool bets would count as deductible expenditure in their duty calculation.
Freeplays
Currently, there is an exception for re-wagering under RGD, where only the first use of a freeplay has a notional value for the purposes of tax calculation. The introduction of RBGD provides an opportunity to consider the application of the re-wagering exception, alongside the introduction of a re-wagering cap taking effect on 19 December 2025, following the Gambling Commission’s Autumn 2023 consultation response.
The Tax Consultation welcomes suggestions for options to reform the treatment of freeplays and remove opportunities for avoidance.
Prizes
The government proposes to align the tax treatment of prizes by extending the current RGD provisions, including rules about valuation of prizes to all activities under RBGD. This would give betting providers scope for the deduction of non-money prizes and provide opportunities for innovation regarding prize offerings made to customers.
Under RBGD, it’s proposed to align the tax treatment of prizes with the approach under GBD and PBD, so that only winning prizes can be deducted.
- Registration, returns and sanctions
This chapter sets out the government’s proposals for the RBGD administrative framework, including registration, remote filing, sanctions and enforcement.
To keep administrative changes for businesses to a minimum, the government intends to adopt the existing administrative framework for RBGD.
The government considers that the current sanctions available for enforcement of the tax regimes and unlicensed gambling are sufficient.
Next steps
The Tax Consultation will be open for 12 weeks, closing at 11:59pm on 21 July 2025. Responses can be submitted online, or by email to [email protected].
Please get in touch with us if you would like to discuss this matter further or require our assistance preparing responses.