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All States Adopt 28% GST on Online Money Gaming from 1st Oct 2023

Last updated: 09 October 2023


Revenue Secretary Sanjay Malhotra provides clarity on GST implementation timeline during GST Council meeting

In a significant development, 18 Indian states have successfully passed legislative changes to implement a 28% Goods and Services Tax (GST) on various forms of online gaming, horse racing, and casino activities. This announcement came during a briefing by Revenue Secretary Sanjay Malhotra after the recent GST Council meeting.

According to Mr. Malhotra, all the remaining states have also agreed to make the necessary legislative adjustments, with the changes set to take effect from October 1st. The states that are yet to pass legislation for this taxation will do so either through amendments to existing state laws or by way of Ordinances.

All States Adopt 28  GST on Online Money Gaming from 1st Oct 2023

This clarification is crucial in light of certain states initially facing challenges in passing the required state GST law changes when the new tax regime for online money games was scheduled to commence on October 1st, as previously decided by the GST Council. The lack of uniformity had caused some confusion within the industry.

Finance Minister Nirmala Sitharaman addressed reporters during the meeting, highlighting that Delhi State Finance Minister Atishi raised concerns about the impact of a 28% tax rate on online gaming platforms. Atishi expressed her apprehension that such a high tax rate could potentially stifle a burgeoning industry.

Minister Atishi further emphasized that the tax notices, which amounted to approximately ₹1.5 trillion, issued to online gaming companies should be withdrawn. She argued that proceeding with the 28% GST rate on these companies could not only harm the online gaming sector but also have detrimental effects on the entire startup ecosystem in India.

It's worth noting that the central government did not confirm the specific ₹1.5 trillion figure. The government's stance is that these notices were issued by the Directorate General of GST Intelligence (DGGI), an independent agency.

The development underscores the evolving landscape of taxation in India, especially in industries related to online gaming and startups, as the government aims to strike a balance between revenue generation and fostering economic growth. With the majority of states now aligned with the GST implementation timeline, the gaming industry and its stakeholders will be closely watching the impacts of this tax regime change, set to take effect from October 1st.

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