India Requests $12 Billion From All Online Gaming Providers

Anil Panesar - Senior WriterAnil Panesar - 01 November 2023 in News
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In a recent move, India has determined a 28% tax rate to be appropriate for all online gaming operators focusing on the Indian audience. Astonishingly, the government is now anticipating a total of INR 1 trillion in back-taxes from these operators. This amount, according to sources, represents unpaid taxes over an extended period.

A noteworthy revelation from Reuters emphasised the magnitude of this expected sum. Intriguingly, this tax imposition comes just two months after the official declaration of the 28% tax rate. State officials are firm on their stance, suggesting that operators would face significant consequences, potentially being ostracised, if they fail to comply.

Although there's no official statement from the various online gaming companies targeting the Indian market, there's a tangible sense of unease. This could be underlined by the fact that some operators have already ceased their operations in India, hinting at a potential larger departure from the market.

Breaking Down the GST for Online Gaming

The Goods and Service Tax (GST) will be uniformly applied across all gaming platforms, regardless of whether the games are based on skill or luck. With the revised Central Law on Goods and Services now in effect, online gaming and online gambling both come under its jurisdiction.

To further clarify:

  • Online gaming covers a vast spectrum of games available on the internet.
  • Online gambling pertains specifically to games where players place bets, be it monetary or virtual, aiming to gain more in return.

Significant changes have been incorporated into the Integrated Goods and Services Act. One crucial amendment dictates that international online gambling providers must levy a GST on all Indian users. Therefore, it becomes imperative for these corporations to re-evaluate their tax obligations, ensuring their Enterprise Resource Planning (ERP) system and tax computation align with the renewed GST stipulations.

Is the Expected Revenue Realistic?

Despite the government's optimism about this potentially substantial revenue influx, the numbers don't seem to corroborate the anticipation. Data from Statista, as of June, suggests that India's online gaming industry was valued approximately at INR135 billion the previous year. Given these figures, the feasibility of extracting the demanded amount appears questionable, leading to speculations that many operators might find an exit more economical than meeting these demands.

A Tax Reformation or An Imposition?

Gaming companies have previously claimed a contribution of an 18% GST from platform fees derived from each game. However, the authorities contend that these fees form just a tiny segment of the total revenue, which, in their view, mirrors the genuine income.

This has led the GST Council to undertake substantial reforms regarding online game tax protocols. Now, all online games, irrespective of their classification as skill or chance-based, will be subject to a uniform 28% GST. In the past, the rates varied: skill-based games like rummy or fantasy sports attracted an 18% GST, while luck-based ones, such as gambling or sports betting, were taxed at 28%.

The forecast, however, appears gloomy. It's plausible that India might not secure even a small portion of the anticipated GST, with many operators opting to bypass the regulated, taxable market.

Official Statements and Developments

As reported by Reuters on October 25th, Indian tax officials have dispatched notices to online gaming companies, alleging evasion of taxes amounting to nearly 1 trillion rupees. This follows the decision made in August to impose a 28% tax on online gaming based on total funds deposited. As a result, some companies, including the Mobile Premier League, have had to resort to staff redundancies.

While the finance ministry hasn't commented on this development yet, the gravity of the situation is palpable in the online gaming industry in India.

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