Gambling Laws in Spain

Spain is well-renowned as a country passionate about football, but are they also a nation of bettors? How does the country handle online gambling regulations? In this article, we'll examine the ins and outs of every type of gambling activity as well as check out the country's chequered history for betting.

Which Gambling Activites Are Legal in Spain?

All sports betting and casino gaming are covered under the 2012 Spanish Gambling Act, regulated by the Dirección General de Ordenación del Juego (DGOJ), or the General Directorate for the Regulation of Gaming Activities. 

Operators must hold a licence to offer services in the country, with several available depending on the activity.

Betting in Land-Based and Online Casinos

Land-based casinos are regulated by the 17 autonomous regions of Spain, each of which is permitted to determine its stance on gambling. As a result, the legalities of activities can vary from one region to the next. Many operate land-based casinos offering players the opportunity to play a wide range of games.

In terms of online gambling, legislation is determined by the central government on a national level because the activity has a much broader reach. 

Spain is regarded as very much on the ball regarding its online gambling regulations though. There are robust rules which licensees must follow to offer their games in the country. Online gambling sites must be from EU-based companies, obtain a licence to offer their services to residents, and their core operations must be based in Spain.

Playing Poker With Cash

Spain permits poker at offline venues to varying degrees, depending on the stance of each of the 17 autonomous regions. Where allowed, poker is one of several games permitted to be offered at land-based casinos.

Regarding online gameplay, operators can offer poker with either a Category 2 general or a Category 13 singular licence.

Bingo Gambling

As with other offline activities in Spain, the 17 regions of the country define their stance on the legality of bingo, with many allowing the game to be offered at various halls.

Regarding online bingo gambling, operators holding a category two general licence or a category 14 singular licence can offer this service to residents.

The Spanish National Lottery

Only two organisations are legally permitted to sell lottery tickets. The Organización Nacional de Ciegos Españoles (ONCE) and Sociedad Estatal Loterías y Apuestas del Estado (SELA).

Because of this exclusive status, lotteries are not permitted by any other operators in the country.

Social Gambling and Online Crypto Casinos

The Spanish Act No. 13/2011 defines gambling as "any activity that involves risking sums of money or economically assessable objects on future and uncertain results that depend to some degree on chance, and that grant prizes in cash or kind." The result is that many games played on a social basis that lack one or more of these elements cannot be classed as gambling and are defined instead as gaming and not subject to regulations in Spain.

Interestingly, the Spanish government prohibits online crypto casinos from operating within the country.

Is Sports Betting Legal in Spain?

Yes, and is widely accessible in the country thanks partly to the Spanish love of football. As a result, there are numerous sports betting shops. Many of these were opened very quickly around 2008 in conjunction with existing UK giants such as William Hill.

In terms of licensing for online betting, operators must hold either a category one general licence or one of the singular licences to be legally permitted to offer this to residents in Spain.

Spanish Gambling Age Restrictions

This is 18 years old and above. The restriction applies to entry into gambling venues such as land-based casinos, sports betting shops, bingo halls and access to online gambling websites.

Do Residents in Spain Pay Tax on Gambling Winnings?

Spain's regulations mean online operators are subject to various taxes based on their income from bets at different rates depending on their gambling activities.

Regarding players, those with winnings exceeding €40,000 from lotteries are subject to a 20% tax. All other gambling activity is taxed based on winnings, which must be declared as income on the annual tax return. This is then charged at the normal rate, but any gambling losses can be offset against the taxable amount.

History of Spanish Online Gambling Laws

Spain's first online gambling laws were passed in 2006, which permitted sports betting online. From around 2008, sports betting shops began popping up everywhere due to the new laws, with many well-known British bookmakers partnering with Spanish brands to open new licensed venues.

In 2011 the Spanish government commissioned further work on existing laws to fine-tune the regulations. With the subsequent 2012 Spanish Gambling Act being the culmination of that work. This piece of legislation opened the door to a more regulated environment.

The Dirección General de Ordenación del Juego (DGOJ), or the General Directorate for the Regulation of Gaming Activities, allows operators to apply for licences on a tender basis. Only three such instances have taken place to date: November 2011 (1 month), October 2014 (1 month) and December 2017 (1 year). General licences are valid for ten years, while singular ones are valid for three or five years.

Key Facts

• Online gambling is permitted largely due to the country's passion for the activity, especially in football. As a result, Spain's regulations are strict but all-inclusive, with most forms of betting and gaming permitted both offline and online.

• Both sports betting and casino gaming are abundant, with each of the 17 autonomous regions in the country determining its stance on offline activities. The Spanish government decides the national stance for online gambling activities.

• Only licensed operators may offer their services to players, with the government cracking down on unlicensed operators through fines.

• The only activity that involves extra restrictions is lotteries. Just two government-approved entities can legally sell tickets. Online gambling companies are not permitted to offer any lotto services to players in the country.