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Valuation Of Supply - Online Gaming and Casinos

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Valuation Of Supply - Online Gaming and Casinos
Rupesh Sharma By: Rupesh Sharma
September 8, 2023
All Articles by: Rupesh Sharma       View Profile
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The CBIC has vide Notification No.45/2023 Dt.06.09.2023 introduced the Central Goods and Services Tax (Third Amendment) Rules, 2023 which will come into force on a date that will be notified by the Central Government in the Official Gazette.

The above mentioned amendment inserts two new rules i.e. Rule 31B and Rule 31C in the Central Goods and Services Tax Rules, 2017.

Rule 31B – Value of supply in case of online gaming including online money gaming:

  • The value of supply of online gaming including supply of actionable claims involved in online money gaming, shall be the total amount paid or payable to or deposited with the supplier by way of money, money’s worth or virtual digital assets by or on behalf of the player;
  • Any amount returned, refunded to the player or an amount not used by the player will not be deductible from the value of supply.

Rule 31C – Value of supply of actionable claims in case of casino:

The value of supply of actionable claims in casino shall be the total amount paid or payable by or on behalf of the player for:

  • Purchase of tokens, chips, coins or tickets for use in casino; or
  • Participating in any event, game, competition or any other activity or process in the casino, where the tokens, chips, coins or tickets are not required.
  • Any amount returned, refunded by the casino to the player on return of tokens, chips, coins or tickets or otherwise will not be deductible from the value of supply of actionable claims in the casino.

Explanation: An amount won by a player in any event, game, scheme, competition, or other activity or process and used for further gaming or betting without its withdrawal will not be considered an amount paid or deposited with the supplier for the purpose of Rule 31B and Rule 31C.

The effect of the Explanation is that any amount won by a player and used for further gaming or betting without its withdrawal will not form part of value of supply.

 

By: Rupesh Sharma - September 8, 2023

 

Discussions to this article

 

Some time casino himself act as one of the player, then how to calculate value of supply.

By: ajay chharia
Dated: September 9, 2023

Dear Ajay ji,

If the casino wants to participate in a game, it will have to deposit money to become a participant, which will be added to the total amount at stake. Therefore, logically speaking, the casino will also be treated as a player, and the initial amount deposited by the casino should form part of the value of taxable supply.

The answer above is based on your question. The answer could be different based on the business model, transaction involved, etc."

Rupesh Sharma By: Rupesh Sharma
Dated: September 11, 2023

 

 

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