Opinion column
During the World Cup the betting apps market themselves as just another service, but the Chilean bettor plays from a fragile legal position: if they win, they have no way to demand payment, and the recent VAT charge by the SII does not change that diagnosis.
Every World Cup arrives with an avalanche of advertising from online betting houses. Promotions, welcome bonuses and familiar faces invite people to “play” from their phones as if it were just another digital service, equivalent to signing up for a streaming platform. It is worth saying plainly: it is not. Behind that friendly interface, the Chilean bettor is in a much weaker legal position than they imagine, and the problem is not moral but strictly legal.
A “contract” the law does not back
The starting point often comes as a surprise. When it comes to games of chance, our Civil Code (Código Civil) gives no tools to the winner. Article 2260 is categorical: games and betting give rise to no right of action, only to a defense (excepción), and the winner cannot demand payment. In turn, Article 2259, read together with Article 1466, places debts incurred in games of chance within the sphere of unlawful object (objeto ilícito). Translated into practice: if the platform decides not to pay out winnings, the bettor has no civil action to collect them.
To that inherent fragility a decisive fact is added. The Supreme Court (Corte Suprema) confirmed during 2025 the illegality of online betting houses and ordered them blocked, and the Superintendency of Gambling Casinos (SCJ) has reiterated that their operation is not authorized. In Chile today, the only entities authorized to offer games of chance are Polla Chilena de Beneficencia, Lotería de Concepción, the racetracks (hipódromos) and the casinos governed by Law No. 19,995 (Ley N° 19.995). Everything else operates outside the law.
The consequence is uncomfortable for the user: when the platform fails to pay, withholds or freezes their funds, there is no regulated provider to complain to. The Superintendency does not supervise these operators, and Law No. 19,496 (Ley N° 19.496) on consumer protection runs up against a counterparty that is illegal and, as a rule, domiciled abroad. The bettor bears, almost entirely, the risk of never seeing their money again.
Withholdings and rules that change on their own
In day-to-day operation the problem becomes concrete. Withdrawal limits that appear only at the moment of cashing out, “verifications” that freeze the balance for an indefinite period, terms and conditions that the platform modifies unilaterally. These are practices against which the user of a regulated service would have defenses; against an illegal, offshore operator, by contrast, the user is left at the mercy of the counterparty’s goodwill. This is not a matter of fine print: it is the rule of the game.
The VAT paradox
To this picture was added, in June 2026, a decision that in my view adds more confusion than certainty. Chile’s Internal Revenue Service (SII) decided to charge value added tax (IVA) to these platforms, treating them as digital content providers, in the manner of streaming services. The State, by one route, declares the activity illegal and orders it blocked; by another, it charges it taxes. The drive to raise revenue is understandable, but levying a tax neither legalizes the activity nor, much less, protects the bettor.
For the user, the nuance matters. That IVA falls on the service the platform provides; it is not a withholding on the winnings the bettor may eventually receive. There is currently no clear regime that withholds taxes on those winnings at the time of payment, which leaves the bettor in a gray area before the tax authorities as well. And there is an additional risk that is rarely mentioned: moving significant sums whose origin is hard to document through the financial system can trigger checks on the source of the funds, under money laundering prevention rules (Law No. 19,913, Ley N° 19.913). The “prize” may end up generating more questions than peace of mind.
What should change
There is no sense in indefinitely sustaining this limbo, in which a mass activity is at once illegal, advertised without counterweight and now taxed. The reasonable way out is to legislate. The bill regulating online betting platforms (Bill No. 14,838-03 (Boletín N° 14.838-03)), currently under top legislative priority (suma urgencia), points in that direction: licenses, operators incorporated in Chile, oversight and clear rules on payment and protection. Serious regulation would give certainty to those who take part and real tools when something goes wrong.
Until that happens, my professional recommendation is direct. A prize offered by an illegal platform is, legally, a promise with no backing: if they pay, it was their decision; if they do not, no court will compel them. Before depositing money amid the euphoria of the World Cup, it is worth remembering that the house, besides always holding the advantage, in this case also has the law on its side, for the simple reason that the legal system does not protect these debts.
If you are facing the withholding or freezing of funds by one of these platforms, contact us to review your options.
This column reflects the opinion of its author, is general and informational in nature and does not constitute legal advice for any specific case. The legislation and case law cited should be verified in their current version.
