The SC has affirmed with finality its decision issued last year which declared that the government’s imposition of a 5-percent franchise tax on gross bets from gaming operations of the POGOs is unconstitutional. Know more:
The Supreme Court has affirmed with finality its decision issued last year which declared that the government’s imposition of a 5-percent franchise tax on gross bets from gaming operations of the Philippine offshore gaming operators is unconstitutional.
“It is evident that not to order a refund will result in injustice and inequity on the part of the POGO licensees. Thus, any amount that was collected from the POGO licensees based on the implementation of the Bayanihan 2 Law, and prior to the passage of Republic Act 11590 should be returned,” the SC said.
“After a judicious review of the allegations raised in the motion for reconsideration, the Court finds the same bereft of merit,” the SC ruled. Section 11 and of the Bayanihan 2 Law provides a list of sources of fund to address the Covid-19 pandemic which include the amounts derived from the 5 percent franchise tax on the gross bets from POGOs and income tax, value-added tax and other applicable taxes on income from non-gaming operations earned by POGO operators, agents, service providers and support providers.
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