[Update September 2013]:It is interesting to note that the UK Government is strongly opposed to the proposed Financial Transactions Tax (FTT) - (see e.g. "Blow to the FTT vindicates Treasury"). The UK may have difficulty on the one hand advocating going it alone for a POCT for online gaming but then claiming it may bring a legal challenge for any financial services tax brought in by other Member States if they are not agreed at EU level. EU tax law makes no such distinction between the two sectors and there is a real danger that with a POCT the UK is opening up the imposition of extra-territorial taxes by other European countries against the hugely important UK e-commerce and financial services businesses (and potentially undermining its position in any political or legal challenge against FTT).
A recent legal opinion from the Legal Service of the European Council stated that as currently specified the FTT, "exceeds Member States' jurisdiction for taxation under the norms of international customary law", is incompatible with EU law as it "infringes upon the taxing competences of non-participating Member States" and is “discriminatory and likely to lead to distortion”." 'via Blog this'