In a significant move, the GST Council, during its 50th meeting, has agreed to impose a 28% tax on online gaming, casinos, and horse racing. This decision, announced by West Bengal Finance Minister Chandrima Bhattacharya, is set to reshape the financial landscape of the Indian gaming industry.
The new tax structure is expected to be applied to the full face value, or the total value of bets placed on a platform. This approach eliminates any differentiation between games of skill or chance when it comes to taxation. Maharashtra Minister Sudhir Mungantiwar confirmed this broad-spectrum application of the tax.
The group of ministers’ report, led by Meghalaya Chief Minister Conrad Sangma, had proposed a 28% GST on all three activities. However, the GoM couldn’t agree on the value to which this 28% should be applied, leaving the final decision to the GST Council.
As the issue was being deliberated, a high-stakes case involving Gameskraft Technologies Pvt. reached the Karnataka High Court. The GST department argued that rummy, a game offered by Gameskraft, is a game of chance, thus qualifying as gambling and attracting a 28% tax. Gameskraft, however, contended that rummy is a game of skill and should be taxed at 18%. The court sided with Gameskraft, ruling that rummy is indeed a game of skill and should attract an 18% levy.
Union Finance Minister Nirmala Sitharaman has assured the industry that both the GST Council and the Ministry of Electronics and IT are working towards a clearer tax and regulatory policy for the gaming sector. As the industry awaits further clarity, the new tax paradigm continues to stir debate and speculation.
The imposition of a 28% GST on online gaming marks a significant shift in India’s tax landscape. As the industry grapples with the implications of this decision, the future of online gaming in India hangs in the balance.
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