Offshore online casinos — legal status and risks

An offshore online casino is a site run by an operator holding a licence issued outside Poland — most often by Curaçao, Anjouan, Malta or another supervisory authority. Such a licence is valid in the jurisdiction that issued it, but it does not replace a Polish Ministry of Finance licence and does not entitle anyone to offer casino games to players in Poland.

We say this plainly, because the phrase “legal foreign casino” is searched constantly in Poland and is a contradiction in terms. Below we set out the legal position and the practical consequences. We are not a law firm and this is not legal advice. 18+, gambling can be addictive.

The legal position in brief

The Gambling Act of 19 November 2009, as amended with effect from 1 April 2017, brought internet casino games under a state monopoly. The monopoly is exercised by Totalizator Sportowy under the Total Casino brand, which launched in December 2018 and operates under a Polish Ministry of Finance licence. Outside the monopoly, the only operators lawfully active online are licensed bookmakers and lotteries.

• Article 29 — a ban on advertising and promoting casino games. That is why we publish reviews and comparisons, not offers.
• Article 15f — the Register of Domains Used to Offer Gambling Contrary to the Act. Internet providers block listed domains and payment service providers stop settlements. The detail is on our MF domain register page.
• Article 107 of the Fiscal Penal Code — taking part in foreign gambling carries a fine. Proceedings are brought mainly against organisers, but the risk on the player’s side formally exists, and it depends on where you play rather than on your nationality.
• Tax — a single win up to PLN 2,280 is exempt from income tax; above that the rate is 10 %. With a foreign operator the settlement is the player’s own responsibility: tax on winnings.

What a foreign licence does and does not give you

Aspect	MF licence (Total Casino)	Foreign licence
Supervision of the operator	a Polish authority, under Polish law	the issuing jurisdiction’s authority, under foreign law
Complaints route	domestic, in Polish	through the terms, usually in English, outside Poland
Tax on winnings	settled by the operator	the player’s own obligation
Domain availability	stable	possible entry in the MF register and DNS blocking
Payments	settlements are not subject to suspension	settlements may be blocked

The differences between individual supervisory authorities matter too — capital requirements, game auditing and duties towards players look one way in Malta and quite another in Curaçao. The comparison is on our licences page.

The risks a player carries

• Sudden loss of access. Once a domain is entered in the register the site stops opening at Polish internet providers, often overnight and without warning.
• Blocked payments. Payment service providers are obliged to stop settlements with a registered domain — and that covers withdrawals as well as deposits.
• No domestic route of appeal. In a dispute over a payout there is no Polish authority to turn to.
• Settling the tax yourself. The obligation, and the risk of getting it wrong, sit with the player.
• Shifting terms. A foreign operator’s terms can be changed unilaterally, and the governing law is rarely Polish law.

For someone who has moved to Poland there is an added wrinkle: once you are tax resident here, the Polish rules on winnings apply to you the same as to any Polish citizen, whatever passport you hold. Residence, not nationality, is what decides.

How we describe these brands

We publish reviews in an “opinions” format with an unambiguous verdict on the absence of a Polish MF licence, the date the facts were checked and a note on the domain’s status in the register. We never use wording about guaranteed wins or playing “risk-free”. Below is a short summary of the brands we cover; the full review base is in our reviews section, and the comparison with the domestic offer is on the Total Casino versus offshore casinos page.

Total Casino holds a Polish Ministry of Finance licence for online casino games. Every other site operates on a foreign licence and is not covered by Polish supervision. We may earn a commission when you sign up through links on this page. It never changes the order or the scores — see how we rate. 18+, gambling can be addictive.

Frequently Asked Questions

Can an offshore online casino be legal in Poland?

Not for casino games — those are covered by the state monopoly. A Curaçao, Anjouan or Malta licence is valid in the jurisdiction that issued it, but it does not entitle the holder to offer casino games to players in Poland.

What happens after a domain is entered in the MF register?

Internet providers block access to the address and payment service providers stop settlements with the site. For a player that means losing access to the account and possible problems recovering funds.

Can a player be penalised?

Article 107 of the Fiscal Penal Code provides for a fine for taking part in foreign gambling. Enforcement focuses on organisers, but the risk formally extends to players as well. In an individual case it is worth consulting a lawyer.

Who settles the tax on a win at an offshore casino?

The player. Single wins worth up to PLN 2,280 are exempt from income tax; above that amount the rate is 10 %. At Total Casino the operator withholds the tax for you.

Is a Malta licence better than a Curaçao one?

Requirements on the operator, game auditing rules and complaints procedures differ between supervisory authorities, and the Maltese system is regarded as the stricter one. Neither licence, however, changes the legal status of the offer in Poland.