Brazil Enforces Shared Tax Liability for Irregular Betting Operations Under New Decree

A conceptual image showing a smartphone displaying social media ads with a judge's gavel in the background, symbolizing the new legal risks for influencers promoting betting.

The Brazilian government has significantly widened the scope of its regulatory enforcement with the publication of Decree No. 12808/2025. 

Signed by President Luiz Inácio Lula da Silva and published in the Official Gazette, this new legislation introduces a strict framework of “shared responsibility” for the online betting sector. The decree targets the entire ecosystem surrounding unauthorized bookmakers, explicitly extending tax liability to financial institutions,payment processors, and advertising partners.

Financial Institutions on the Hook 

A central pillar of the new decree is the accountability placed on the financial sector.Under Article 16, banks and payment initiators can now be held jointly liable for unpaid taxes and prizes derived from irregular betting activities. This liability is triggered if these institutions fail to implement restrictive measures or continue processing transactions for unauthorized operators after receiving formal notification from federal authorities. The government’s intent is clear: to cut off the financial lifelines of the black market by forcing payment providers to act as gatekeepers.

Advertisers and Influencers Face New Risks 

The decree also casts a wide net over the promotional landscape. Any natural or legal person who broadcasts advertising for unauthorized operators now faces joint tax liability. This includes advertising agencies, media outlets, and digital influencers. By targeting those who drive traffic to illegal sites, the government aims to dismantle the marketing funnels that sustain the grey market.

Ministry of Finance to Define Rules 

While the decree establishes the legal basis for these measures, the operational details will be codified by the Ministry of Finance. The Secretariat of Prizes and Betting (SPA) is tasked with establishing the procedural guidelines,

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