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Key facts (as of 29 October 2026)
- Brazil: fixed-odds betting banned by Provisional Measure 1.394 on 25 September 2026; payment institutions, including instant-payment participants, may not process betting transactions except refunds. See Brazil's betting ban and payments.
- Colombia: Legislative Decree 0240 of 12 March 2026, in force from 13 March, created for 2026 a 16% national consumption tax on gambling operated exclusively online, triggered by each deposit, including transfers of money or cryptoassets, with GGR as the tax base. It also says financial entities and payment service providers "must refrain from providing services to unauthorised operators" (Decree 0240, DIAN text; Senate legal database).
- Mexico: the excise tax (IEPS) on betting and draws rose from 30% to 50% from 1 January 2026. The reform expressly covers betting and draws offered online by non-residents without a Mexican establishment; they, or intermediary platforms, must meet digital-service tax duties, including withholding and reporting, and non-compliance can lead to temporary blocking (DOF, 7 November 2025; Deloitte summary).
- Peru: on 21 October 2026 MINCETUR pre-published a draft supreme decree (Ministerial Resolution 382-2026-MINCETUR) amending the remote gaming regulation. It would require payouts, by bank or in cash, within three business days of the player's request, and checks that each user uses one payment method per transaction. Comments close on 5 November 2026 (MINCETUR; Estudio Rodrigo). The current rule already caps bank payout execution at three business days.
- Chile: on 26 October 2026 the government filed a 114-page set of amendments to the online betting bill (bulletin 14.838-03), in its second reading in the Senate. They would ban all betting advertising, apply 19% VAT to monthly GGR plus an additional 3% tax, and treat contracts with Chilean payment providers as one indicator of having operated without a licence (Diario Financiero; Emol). The bill is not law.
Market overview
| Market | Status (October 2026) | What reaches PSPs | Source |
|---|---|---|---|
| Brazil | Fixed-odds betting banned; licences ended | Payment institutions barred; MP 1.394 tells the central bank to set up a reject-and-return mechanism for instant payments | Planalto |
| Colombia | Concessions from Coljuegos, the state body administering the gambling monopoly | PSPs must not serve unauthorised operators; 16% consumption tax for 2026 | Decree 0240 |
| Mexico | Permits under the Federal Law on Games and Draws | 50% IEPS from 2026; foreign online operators and platforms have registration, withholding and reporting duties | DOF reform text |
| Peru | Authorised by MINCETUR under Law 31557 | Draft (21 Oct 2026): payouts within three business days of request; one payment method per transaction | MINCETUR draft |
| Chile | Bill pending in the Senate | Proposed: contracts with Chilean payment providers are an indicator of unlicensed operation | Diario Financiero |
WarningSeveral of these rules name payment providers directly. Serving an unauthorised operator in Colombia, or betting transactions in Brazil, is a legal risk for the PSP itself, not just the operator.
Colombia's Decree 0240
The decree, issued under the economic emergency declared by Decree 150 of 11 February 2026, treats the deposit as the taxable event: "cash payment or transfers of money or cryptoassets made by each betting user to the operator… from the national territory or abroad". The base is GGR (stakes minus prizes) for each two-month period, at 16%. It reserves operation, payment intermediation and advertising to companies with a valid authorisation and concession contract (Decree 0240, Article 2).
NoteThe decree is a legislative decree issued under a declared state of economic emergency, and the tax applies "for 2026". Its continuation depends on that legal basis. Take Colombian advice on its current status.
Chile's proposed model
| Feature | Proposal (26 October 2026) |
|---|---|
| Advertising | Banned for all platforms, licensed or not |
| Bonuses | Banned |
| Tax | 19% VAT on monthly GGR (stakes minus prizes) plus an additional 3% tax |
| Licence | Five years; annual fee of 1,000 monthly tax units |
| Unlicensed operators | Rejected if they operated without a licence in the previous 12 months, except via a transitional fee of 3,000 monthly tax units |
| Indicators of unlicensed operation | .cl domain, local sponsorship, contracts with Chilean payment providers |
| Player protection | Default deposit and time limits; reinforced authentication including biometrics |
Sources: Diario Financiero (26 October 2026); Emol (27 October 2026); Infoplay (28 October 2026). The Senate economy committee began studying the amendments on 27 October; the bill is not law.
How a PSP should decide
flowchart TD
A[Operator wants LatAm coverage] --> B{Market legal for this product?}
B -- No, e.g. Brazil fixed-odds --> X[Decline]
B -- Yes --> C{Operator authorised in that market?}
C -- No --> X
C -- Yes --> D{Payment rules: tax, payout deadlines, methods}
D --> E[Onboard with market-specific controls]
E --> F[Monitor licence status and new laws]Illustrative example: a regional PSP's review
Illustrative example. The PSP and figures are invented.
A PSP processes for eight operators across Brazil, Colombia, Peru and Mexico. After 25 September it stops Brazilian betting volume except refunds. It checks each Colombian operator against Coljuegos' authorised list and offboards one without a concession. In Peru it tests whether its payout rails can meet a three-business-day deadline. For Chile it waits: under the current proposal, its own contracts could be evidence of unlicensed operation.
Timeline
| Date | Event |
|---|---|
| 29 Dec 2023 | Brazil's Law 14.790 regulates fixed-odds betting |
| 7 Nov 2025 | Mexico publishes IEPS reform in the DOF: betting rate from 30% to 50%, in force 1 January 2026 |
| 12 Mar 2026 | Colombia Legislative Decree 0240 issued; in force 13 March |
| 25 Sep 2026 | Brazil MP 1.394 bans fixed-odds betting |
| 21 Oct 2026 | Peru pre-publishes draft amendments (RM 382-2026-MINCETUR) |
| 26 Oct 2026 | Chile files government amendments |
| 5 Nov 2026 | Peru comment period closes |
| 23 Nov 2026 | Brazil MP 1.394 initial 60-day deliberation period ends (extendable by 60) |
Q/A
Can stablecoins solve LatAm payment gaps for gaming?
Only where the operator is licensed and the rail is permitted by the market and the provider's licence. Colombia's tax explicitly covers cryptoasset deposits. Brazil's ban covers every rail.
Which market is most open?
Each has trade-offs. Check current law; this area changes quickly.
Does Colombia's rule apply to foreign PSPs?
The decree refers to any third party participating directly or indirectly. Take local advice.
What about Argentina?
This article does not cover Argentina. Take local advice.
Sources
- Planalto, MP 1.394 (25 September 2026): https://www.planalto.gov.br/ccivil_03/_ato2023-2026/2026/mpv/mpv1394.htm
- Congreso Nacional, MPV 1394/2026 status: https://www.congressonacional.leg.br/materias/medidas-provisorias/-/mpv/175871
- DIAN, Legislative Decree 0240 of 12 March 2026: https://www.dian.gov.co/normatividad/Decretos/Decreto-0240-12032026.pdf
- Coljuegos (state administrator of the gambling monopoly): https://www.coljuegos.gov.co/
- Secretaría del Senado, Decreto 0240 de 2026: http://www.secretariasenado.gov.co/senado/basedoc/decreto_0240_2026.html
- La República, Decree 0240 (13 March 2026): https://www.larepublica.co/economia/gobierno-incorporo-nueva-tasa-de-16-en-el-iva-para-las-apuestas-en-plataforma-digitales-4348777
- DOF, decree reforming the Ley del IEPS (7 November 2025): https://www.dof.gob.mx/nota_detalle.php?codigo=5772359&fecha=07/11/2025
- DOF text, print copy hosted by IMCP: https://imcp.org.mx/wp-content/uploads/2025/12/LIEPS-2026-DOF.pdf
- Deloitte, Paquete Económico 2026 summary (betting rate 30% to 50%): https://www.deloitte.com/content/dam/assets-zone4/latam/es/docs/services/tax/2025/Paquete-economico-2026-Espa%C3%B1ol.pdf
- MINCETUR, Ministerial Resolution 382-2026-MINCETUR (21 October 2026): https://www.gob.pe/institucion/mincetur/normas-legales/8744194-382-2026-mincetur
- MINCETUR, exposición de motivos of the draft decree (signed June 2026): https://cdn.www.gob.pe/uploads/document/file/10830488/8744194-r-m-n-382-2026-exposicion-de-motivos_reglamento-31557_-03-06_firmado.pdf
- Estudio Rodrigo, MINCETUR proposes changes (26 October 2026, law-firm note): https://www.estudiorodrigo.com/publicaciones/alerta-contratacion-tecnologica-y-derecho-digital-octubre-2026
- Diario Financiero, government files amendments (26 October 2026): https://www.df.cl/empresas/industria/gobierno-ingresa-indicaciones-a-proyecto-de-casinos-online-fin-a-la
- Emol, government proposes advertising ban (27 October 2026): https://www.emol.com/noticias/Economia/2026/10/27/1215319/apuestas-online-indicaciones-publicidad.html
- Infoplay, Chile bill amendments (28 October 2026): https://www.infoplay.info/en/2026-10-28/chile-opens-the-door-to-regularizing-operators-who-already-work-without-a-license-in-exchange-for-a-toll-of-almost-200000-euros/37806/new/
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