04.08.2023: GST Council recommended 28% GST on deposits with companies

The goods and services tax (GST) council on Wednesday gave partial relief to online gaming companies clarifying that 28 per cent GST will be applicable on the actual cash or equivalent deposits made by players and not on the winning amounts being redeployed by them or on repetitive bets.

It has also brought the payments received and winnings paid in virtual digital assets (VDAs) by the online gaming companies and casinos when considering the valuation for imposing tax.

This will bring both overseas and domestic online gaming companies that accept and make payment in VDAs such as cryptocurrency under GST, and will avoid any future complications.

It has also defined the “online gaming” and “online money gaming” separating the two.

The council will review the decision after the implementation of the GST council decision, which is likely by October 1.

The valuation of supply of online gaming and actionable claims in casinos may be done based on the amount paid or payable to or deposited with the supplier, by or on behalf of the player (excluding the amount entered into games/ bets out of winnings of previous games/ bets) and not on the total value of each bet placed, Finance Minister Nirmala Sitharaman told reporters after the GST council meeting.

The GST Council, which approved a 28% levy on July 11 on online gaming on full face value. However it met virtually again to decide on the manner in which the supply value will be determined for the purpose of levy of GST, after the online gaming companies requested the centre to look into the issue of repetitive taxations.
In case of casino the actionable claim will be the the total amount paid by or on behalf of the player for purchase of the tokens, chips, coins or tickets for use in the casino.

After the July meeting online gamers had expressed their apprehensive that the law committee of the GST Council may go for repetition taxation, which may be a death blow to industry, already facing the highest tax slab of 28%. According to estimates by industry executives, this could add up to 50-60% indirect tax burden on the users under certain conditions.

KEY DECISION

  • Council approved all amendments proposed by the law committee
  • 28% tax will be levied on the amount deposited with supplier
  • Industry gets breather on repititive taxation
  • Amendments to be implemented by October 1
  • Distinguishes online money gaming and online gaming
  • Virtual digital asset included in determining valuation
  • GST on for casino on total amount paid by player
  • Mandatory for offshore players to register in India 
  • They can be blocked under IT Act for non compliance

Source: The Economic Times 
https://economictimes.indiatimes.com/news/economy/policy/gst-council-recommended-28-gst-on-deposits-with-companies/articleshow/102359866.cms?from=mdr

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