COLOMBIA Trends and Developments Contributed by: Juan Camilo Carrasco and Juliana Duque, Asensi Abogados
procedural nullities in actions against illegality and to ensure that future measures preserve interinstitutional coordination and operators’ procedural safeguard. VAT and tax sustainability Decree 175 of 2025, which introduced a 19% VAT on online gaming deposits, continues to dominate the sector’s fiscal agenda. Despite the negative impact observed on the online channel, evidenced by the decline in collections throughout 2025, the tax reform bill proposed by the government for 2026 maintains the levy. However, there is little likelihood that the current administration will secure approval of the reform before the change of government expected in August 2026. This legislative uncertainty extends the VAT’s application until 31 December 2025 and postpones any structural review of the tax scheme, creating a holding pattern for both operators and the regulator. The underlying debate centres on the need for a more balanced and sustainable tax model – one that taxes actual profitability rather than player transactions. International experience shows that systems apply- ing VAT on deposits tend to discourage formality and reduce tax revenue, whereas GGR-based mod- els enhance competitiveness and the stability of the regulated market. It is expected that the new regulator will assess the impact of the VAT and open a regulatory agenda to examine a framework for tax sustainability in the Colombian gaming sector. Inspection and certification system reform During 2025, Coljuegos held several technical round- tables with operators, laboratories and providers to review the inspection system and the technical requirements applicable to online games. Although the last sessions scheduled for August were suspended, all indications suggest that the regulator is advancing towards a structural reform of the inspection model, envisaged as part of the outgoing government’s final measures. Among the issues discussed were the technical archi- tecture of the new online inspection system, the defin-
itive elimination of XML files, and real-time operation through secure connections to operators’ datamarts. The meetings also addressed data storage and sov- ereignty in Colombia, software certification, controlled technological transition, and international benchmark- ing with models from Brazil, Peru and Argentina. Subsequent sessions focused on the certification of games, providers and payment gateways, the possi- ble creation of an authorised games catalogue and a registry of certified providers, as well as the simplifica- tion of processes and extension of certification validity periods. Initially, the regulator had indicated its goal to issue the new inspection and certification framework in the first half of 2026 as part of the government’s regulatory legacy. Nevertheless, the critical issue lies in the transfer of data from existing systems, and, given that as of October no drafts have yet been published, it is likely that the regulatory agenda will be postponed until the second half of 2026. Transformation of the compliance model In the medium term, a transformation of the compli- ance framework applicable to operators and provid- ers is expected, with a gradual transition towards a model aligned with the SAGRILAFT system used in the financial sector. This shift seeks to standardise risk management prac- tices related to money laundering, terrorism financing and transnational bribery, imposing greater technical and operational rigour in the identification, assess- ment and monitoring of risks. The adoption of the SAGRILAFT approach will entail increased operational and reporting obligations for operators, particularly concerning the documentation of internal controls and the supervision of third parties and suppliers. Although the transition may initially present operation- al complexity and higher compliance demands, it also represents an opportunity to enhance the international credibility of Colombia’s gaming regulatory framework by aligning it with the due diligence and governance standards of the financial sector.
140 CHAMBERS.COM
Powered by FlippingBook