With UIGEA Reform Stymied, a Web-Gambling Tax Bill Emerges

The struggle over the controversial Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA) continues. Late last month, H.R. 5767, which blocked implementation of the UIGEA, was defeated in the U.S. House Committee on Financial Services. Meanwhile, a new bill related to online gambling was introduced this week by U.S. Rep. James McDermott, D-Wash. H.R. 6501 amends the Social Security Act to establish a trust fund from the proceeds of taxing Internet gambling. The trust fund would be used to provide education, job training, public-transit subsidies and other services to individuals in foster care or in declining sectors of the economy. The bill was referred to the House Committee on Ways and Means and Committee on Education and Labor. UIGEA, which bans gaming sites from accepting money transfers of any kind for bets deemed to be unlawful gambling, directs the U.S. Treasury Department and the Federal Reserve Board to create regulations that would require banks and processors to block payments to those sites. Two critics of the UIGEA, Rep. Barney Frank, D-Mass., chairman of the House Financial Services Committee, and Rep. Ron Paul, R-Texas, senior committee member, on April 10 introduced H.R. 5767, which would have prohibited the Federal Reserve and Treasury Department from implementing the regulations called for in UIGEA. The bill was defeated in committee on June 25. A bill offered as a substitute to H.R. 5767 also was defeated at the June 25 committee meeting. Dubbed the “Payments System Protection Act of 2008,” the bill would have prohibited implementation of UIGEA until the Treasury Secretary, the Federal Reserve, and the U.S. Attorney General jointly developed regulations defining the term “unlawful Internet gambling.” That bill was sponsored by Rep. Peter T. King, R-N.Y. Banks, processors, the Fed, and the Treasury Department have said the regulations for implementing UIGEA are unworkable and will hurt the financial industry while having little impact on illegal online gambling (Digital Transactions News, April 21 and March 24). Critics say the regulations fail to define what constitutes unlawful Internet gambling, leaving it to each financial institution to reconcile conflicting state and federal laws and court decisions, as well as inconsistent Department of Justice interpretations, when determining whether to process a transaction. In addition, some of the information needed to determine whether a transaction is illegal is unavailable to banks. It's unclear how H.R. 6501, the bill that would tax Web-based gambling, would impact the UIGEA. McDermott did not return calls for comment. However, one UIGEA critic says the bill might gain more support than H.R. 5767 because taxes on gambling would be used for programs to help the disadvantaged. “Maybe this angle might be more palatable,” says Jay Lakin, vice president of PokerSourceOnline.com.