Bill defines online money gaming, avoids new tax costs

It introduces specific definitions for these activities and mandates registration for foreign entities supplying online money gaming to people in India.

Who it concerns: The Bill affects persons or entities that organize, arrange, own, operate, or manage digital or electronic platforms for the supply of betting, casinos, gambling, horse racing, lottery, or online money gaming. It also specifically applies to persons supplying online money gaming from outside India to persons in India.

What the bill does

• Defines 'online gaming' as offering a game on the internet or electronic network, including online money gaming.
• Defines 'online money gaming' as online gaming where players pay or deposit money or virtual digital assets in expectation of winning money or virtual digital assets.
• Defines 'specified actionable claim' to include betting, casinos, gambling, horse racing, lottery, and online money gaming.
• Deems a person who organizes or manages a platform for specified actionable claims as the 'supplier' liable to pay tax, regardless of whether they directly supply the claim or receive the consideration.
• Substitutes 'lottery, betting and gambling' with 'specified actionable claims' in Schedule III, paragraph 6, which lists activities treated as neither supply of goods nor services.
• Mandates GST registration for every person supplying online money gaming from a place outside India to a person in India.

Also in the document

• The Bill states that its amendments are without prejudice to any other law for the time being in force that prohibits, restricts, or regulates betting, casino, gambling, horse racing, lottery, or online gaming.
• The Bill does not involve any recurring or non-recurring expenditure from the Consolidated Fund of India.