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Policy

Taxation of Online Gaming Income

  • Himanshu Cheeta
  • January 27, 2023
  • 5:53 am
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Online rummy, poker, and other online games that allow for real-money wagering have recently seen real-time development. Since individuals began purchasing smartphones and personal computers, which give them the freedom and opportunity to live in this new online world full of possibilities, the online gaming industry has experienced tremendous growth. Due to India’s gaming industry’s development, large investments have been made in businesses that provide these gaming services.

While players like playing rummy, poker, sports games, quizzes, and other games for the thrill, businesses see this as a way to make large profits. This has also allowed gamers to investigate a brand-new avenue for working from home. Today, a lot of people choose to become professional gamers. Tax must also be incorporated in this situation because making money is a factor.

Taxation on Online Gaming

Online rummy, poker, and other games can be used to make money in India. By stating that the game is permissible in India, the Supreme Court of India has approved the practice of playing rummy. However, you may be required to pay income tax on any winnings from online games. 

In accordance with Section 115B of the Income Tax Act, such income from these games is regarded as “income from other sources.” When you file your income tax returns, keep this in mind. The tax rate (TDS) is a flat 30%, excluding the cess of 31.2%, on the income. Note that now the basic exemption threshold is not considered in this. The following sources of income are included in the income subject to taxation under this section:

  • Lottery
  • Online Card Games
  • Crossword Puzzles
  • Betting and Gambling
  • Horse Races
Online Gaming Market

Online gaming and GST

The current GST system distinguishes between skill-based and chance-based online gaming. It can be challenging to differentiate between games of skill & games of chance since the line separating them is so thin. Gameskraft Technologies is one of these instances. The tax authorities have now combined the two types of games, namely games of chance, which has resulted in an increased GST rate of 28%.

Online gaming now uses a dual tax rate scheme.

  • The government imposes a tax of 18% on “games of skills” (does not include betting and gambling).
  • GST on “Games of Chance” is 28% (including gambling and betting).
  • “Online gaming apps” GST is 18%.“Casinos and horse racing” are subject to a 28% GST.
Online Gaming GST

Taxes on Gaming Tournaments

Online gaming competitions have yet to become widely popular in India. Sponsors of these competitions give away a variety of goods to the competitors, and the winner receives either cash or gifts. According to section 115BB of the Act, gaming tournament gains are taxed along the same lines as winnings from online gaming. Regardless of the item’s market value, professional income from business and profession includes all goods received. For others, income is only subject to taxation as per section 56(2) of the Act if the merchandise’s total market value reaches 50,000 INR.

Taxes on Referral and Joining Bonuses

Most real-money online video games offer their players a joining bonus upon logging in and referral bonuses for introducing friends. These sums are not taxable by section 115BB of the Act because of their different nature compared to prize winnings. In the case of individuals, earnings from joining bonuses or referral bonuses are taxed on a net basis at the applicable slab rates; if income earned is less than the maximum amount subject to tax, no tax is due. This income will be taxed for professionals under the heading “Income from business and profession.” Others will have to pay taxes on it as “Income from other sources.”

Budget 2023 and Online Gaming

Budget 2023 is expected to include funding for creating the “Game Development Fund” and putting the AVGC Task Force’s proposals into action. Additionally, the Budget 2023 would spell out a roadmap for future advancements throughout the online gaming industry and the path for self-regulatory development. For the sector to enter its next phase of expansion, it needs supportive regulatory policies and progressive taxation.

Conclusion

During the Coronavirus outbreak, online gaming has enabled many Indian players to make money from the convenience of their homes. This industry will only experience exponential expansion in the upcoming years. Since this industry has seen tremendous growth recently, a regular check on the income generated and taxation is necessary for the various parties involved. And also, it could open up new work possibilities and career paths for people.

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Himanshu Cheeta
Himanshu Cheeta

Policy

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