GST – A New Landscape on Online Gaming, Casinos, Horse Racing w.e.f. October 1, 2023

Categories: GST Law, Our Articles

Effective from October 1, 2023, significant changes have been implemented on taxation of specified actionable claims, which includes betting, casinos, gambling, horse racing, lottery, or online money gaming in the GST structure. GST will now be applied at a rate of 28% on all specified actionable claims viz. horse racing, casinos, online gaming regardless of whether an activity is considered a game of skill or chance.

The Government has taken needful steps through various notifications to levy and regulate the applicability of this 28% GST rate on all specified actionable claims. These measures include:

  1. Bringing betting, casinos, gambling, horse racing, lottery, or online money gaming under the scope of taxable supplies.
  2. Expanding the definition of virtual digital assets within the GST framework.
  3. Formulating procedures for registration of persons engaged in online money gaming, OIDAR services.

Subsequent changes have also been made to the CGST Rules to ensure that persons providing Online Information and Database Access or Retrieval (OIDAR) services from outside India to non-taxable online recipients or offering online money gaming from outside India to individuals in India are required to register compulsorily.

Additionally, clarity has been provided regarding the valuation of supplies in the domains of online gaming and casinos by introducing Rules 31B and 31C of the CGST Rules. Furthermore, it is now mandated that tax invoices must include the recipient’s state name as per the address specified on the book of accounts of the recipient. Recommendations have also been made regarding the form and manner for submitting returns by persons providing OIDAR services.

These changes represent a comprehensive overhaul of the GST system, impacting various sectors and activities, with the aim of enhancing regulation, taxation, and compliance in these areas.

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