Indian Government Imposes 28% Tax on Online Gaming

Author

Moin Khot

Date

Jul, 12.2023

In a groundbreaking move, the GST Council has announced the imposition of a 28% tax on online gaming, casinos, and horse racing during its 50th meeting. This decision, set to reshape the financial landscape of the Indian gaming industry, aims to create a uniform tax structure for these activities. The move comes after a lengthy debate regarding the taxation of games of skill and chance.

India Imposes 28% Tax on Online Gaming, Casinos, and Horse Racing in Landmark Decision

The new tax regime will be applied to the full face value, encompassing the total value of bets placed on online gaming platforms, casinos, and horse racing events. This approach eliminates any differentiation between games of skill or chance when it comes to taxation. By opting for a broad-spectrum application, the GST Council aims to streamline the tax process and bring clarity to the industry.

The decision to impose a 28% GST on these activities follows the recommendations of the group of ministers' report, led by Meghalaya Chief Minister Conrad Sangma. However, the report did not specify the exact value to which the 28% tax should be applied, leaving the final decision to the GST Council.

The recent case involving Gameskraft Technologies Pvt. in the Karnataka High Court added a layer of complexity to the ongoing discussions. The court had to determine whether rummy, a game offered by Gameskraft, should be classified as a game of skill or chance. The GST department argued for a 28% tax, considering it as gambling, while Gameskraft contended that rummy requires skill and should be taxed at 18%. The court ruled in favor of Gameskraft, affirming that rummy is indeed a game of skill and should attract an 18% levy.

Recognizing the need for a clear tax and regulatory policy for the gaming sector, Union Finance Minister Nirmala Sitharaman assured the industry that both the GST Council and the Ministry of Electronics and IT are working towards providing further clarity. While the industry awaits more specific guidelines, the implementation of the 28% GST on online gaming, casinos, and horse racing has sparked a lively debate and speculation within the sector.

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This landmark decision to impose a 28% tax on online gaming, casinos, and horse racing in India marks a significant shift in the country's tax landscape. As the gaming industry grapples with the implications of this decision, it is hoped that the new tax structure will bring about a more streamlined and transparent regulatory environment for all stakeholders involved.