How will the 28% GST on online gaming impact the industry?

HIGHLIGHTS
- Council deferred GoM report for now
- The online gaming industry is still in its infancy – Nitish Mittersain, Nazara Technologies
- Tax Levy Uncertainty Hovering Over Industry – Tech and Gaming Lawyer Jay Sayta
The report suggests making no distinction between a game of skill and a game of chance. Keeping this in mind, online gaming, casinos and horse racing may soon be subject to 28% GST.
Related News

JK Paper expects demand to grow as capacity increases
GST Council comes for aam aadmi’s wallet: curd, rice, same hospital, hotel rooms will get more expensive
Sources say the board has postponed its decision to accept the report, meaning online gaming could still be in the 18% bracket. But what will be the impact of the 28% slab, if the report is accepted?
Impact on the Indian online gaming market?
The rate change may hamper the expansion and growth of online gaming companies. Having smaller prize pools for fantasy sports businesses will impact their commissions and return revenue. Due to higher prices, existing paying customers might leave gambling platforms.
This will allow foreign players to enter the market, which can lead to gray market substitutes that can generate black money.
Talking about the details of the change, according to sources, the tax will be charged on the gross value of the games. It includes all expenses incurred / all money players wager in the game as opposed to current earnings. This means that the tax must now be paid on the total amount, and no longer just on the income that companies make as part of their commission. It is said to increase overall taxes by 900%.
Other challenges for the online gambling industry in India:
Gambling laws in India remain dated. On top of that, the industry is constantly changing and evolving. Thus, it becomes increasingly difficult to reform the laws to support these changes. The application of gambling laws to online structures remains complex.
States also have differing views on online and physical versions of real-money gambling, making it difficult to enforce the law. Advertising is prohibited for foreign online betting platforms in India, which limits their exposure to Indian audiences.
The outcome of the meeting will bring out the details of this rate change and whether players’ fears will come true.