The tax authorities are giving betting sites three business days to report bettors' balances and have set December 15th as the final closing date.
The Ministry of Finance's Prize and Betting Secretariat (SPA/MF) published in an extra edition of the Official Gazette of the Union this Friday (2) the SPA/MF Ordinance No. 3.005, which establishes the procedures, operational flows and deadlines for compliance with the obligations of fixed-odds betting operators whose authorizations will be terminated under the terms of Provisional Measure No. 1.394, of September 25, 2026. The rule is signed by Secretary Daniele Correa Cardoso and entered into force on the date of publication.
The text establishes two milestones. The first is immediate: operators must determine the final balances of bettors' wallets at 23:59:59 on Monday (5) and transmit the information to SPA by Wednesday (7). The second is December 15, 2026, the deadline for full compliance with the regulatory, pecuniary, registration, accounting and informational obligations provided for in the MP.
Refunds to bettors
According to article 3, the operator must send to SPA, through the Betting Management System (SIGAP), the final balances of the bettors' wallets and the balance of the transactional account used to move the betting funds.
The submission must include the financial or payment institution that holds the transactional account, the operator's CNPJ (Brazilian tax ID), and the trademarks used. For each bettor, the company must provide their CPF (Brazilian individual taxpayer ID), date of birth, the amount to be refunded, and the destination account details (institution code, branch, and account number). It must also indicate the date on which it sent the necessary information to the financial or payment institution to process the refund.
The ordinance stipulates that the data must be submitted exclusively in the formats and structures defined by SPA, "which will be made available on its website." There are three business days between the publication of the regulation and the final submission deadline.
The text regulates the submission of information to the regulator, but does not set a deadline for the amounts to be effectively credited to bettors. It also does not address situations such as open bets on events after October 5th, bonus balances, bettors without a registered bank account, or unclaimed amounts. The ordinance also makes no reference to the rules for the processing, storage, and disposal of the personal and banking data that will be delivered to the Secretariat.
What the ordinance determines
| Topic on | Obligation | Term |
|---|---|---|
| Registration (art. 2º) | Keep the designated legal representative for the closure updated; communicate any changes. | 48 hours after each change |
| Bettors' balances (art. 3º) | Send the final balances of the portfolios and the transactional account via SIGAP. | Position at 23:59:59 on 5/10; shipping due by 7/10 |
| General regularization (art. 4º) | Fulfill all obligations of the Provisional Measure and the transmissions to SIGAP. | 15/12/2026 |
| Legal destinations (art. 5º) | To determine, issue payment slips, collect and report amounts collected and not collected (Law 13.756/2018) | 15/12/2026 |
| Sanctions (art. 6) | Penalties under Article 41 of Law 14.790/2023; partners and administrators are liable "to the extent of their culpability." | |
| Processes suspended (art. 7º) | Permanent archiving for those who comply with all requirements; resumption of the process for those who do not comply. |
Financial obligations
By December 15th, operators must complete the calculation, issue the payment slips, and collect all installments due to the legal recipients stipulated in Law No. 13.756/2018, applicable to the proceeds collected up to the final date for accepting bets. They will also have to report the amounts calculated, collected, and not collected, and respond to summons and inquiries from the SPA (Securities and Exchange Commission of Brazil).
Fulfilling these obligations does not close the account. According to paragraph 1 of article 5, it "does not prejudice the subsequent investigation of any differences eventually identified by the Prizes and Bets Secretariat or other competent bodies". Paragraph 2 establishes that the termination of the authorization, the dissolution or the liquidation of the company do not eliminate the enforceability of the obligations constituted during its operation, observing the legislation on the liability of partners and administrators.
Operators must also keep the details of the legal representative designated to be responsible for the closure obligations up to date, communicating any changes within 48 hours. Notifications sent to registered email addresses will be considered valid.
Sanctions and dismissal of cases
Failure to comply, in whole or in part, with the deadlines and procedures subjects the operator to the penalties of article 41 of Law No. 14.790/2023. Partners and administrators will be held liable "to the extent of their culpability".
Conversely, Article 7 stipulates that administrative sanctioning processes suspended based on Article 13 of the Provisional Measure will be definitively archived for the operator who demonstrates timely and complete compliance with all obligations. Archiving depends on the issuance of a Conclusive Regulatory Compliance Statement by the SPA, after inspection of the SIGAP databases and the collection of legally mandated funds. The ordinance does not set a deadline for issuing the statement nor the criteria for inspection.
The consequence of non-compliance is automatic: if the requirements of articles 3, 4, and 5 are not met by the December 15th deadline, the Secretariat will order the "immediate lifting of the suspension" of the proceedings.
Open points
The wording is ambiguous. Article 7 uses only the December 15th deadline as a trigger, although the submission of balances has its own deadline of October 7th. It is unclear whether a delay in this step already compromises the right to archiving. The preamble, in turn, bases the ordinance on articles 8, 10, and 11 of the Provisional Measure, but article 7 relies on article 13, which is not cited among the justifications.
There is also the issue of the schedule. The entire timeline expires on December 15th, while Provisional Measure 1.394 is still being processed in the National Congress and is being challenged in the Supreme Federal Court in ADIs 8024, 8027, and 8028, under the rapporteurship of Minister Luiz Fux. If the provisional measure loses its effectiveness, is rejected, or suspended, the operators will have already returned balances, handed over their databases, and dismantled their operations.
Ministry of Finance Ordinance SPA_MF No. 3.005, dated October 2, 2026
