Wednesday, 20 September 2023

FAQ ON GST ON ONLINE GAME

 1: How is the value of supply determined for online gaming in this chapter?

Ans: According to this chapter, the value of supply for online gaming is calculated as the total amount paid or payable to the gaming service provider. This includes any form of payment, such as money, virtual currencies, or other assets of value, made by the player or on their behalf.

 

 

2: What exactly are "actionable claims" in the context of online money gaming?

Ans: In the context of online money gaming, "actionable claims" typically refer to the benefits, rewards, or virtual assets that players can legally claim as a result of their participation in the game. These could include in-game currency, virtual items, or monetary winnings that are redeemable.

 

 

3: Is there any exception to how the value of supply is determined in online money gaming?

Ans: Yes, there is an exception to this rule. Regardless of the circumstances, any amount that the gaming service provider returns or refunds to a player cannot be subtracted from the value of supply for online money gaming. This means that refunds do not reduce the overall value considered for tax purposes.

 

 

4: Who holds the responsibility for calculating the value of supply in online gaming transactions?

Ans: The responsibility for determining the value of supply in online gaming transactions typically falls on the gaming service provider or the platform that offers the online gaming services. They must assess and account for the total amount paid or payable by players.

 

5: Does this chapter apply to all types of online gaming?

Ans: No, this chapter specifically applies to online gaming, particularly online money gaming, where real money or money's worth is involved. It provides guidelines for calculating the taxable value of supply in these specific types of gaming activities.

 

 

6: Can players offset refunded amounts against the value of supply for online money gaming for tax purposes?

Ans: No, players cannot offset refunded amounts against the value of supply for online money gaming when it comes to tax calculations. Regardless of why a refund is issued, it does not reduce the total value considered for tax purposes in online money gaming transactions. The value remains unchanged for tax assessment purposes.

 

 

7: What happens if a player wins something in a game and uses those winnings to play in another game without cashing out?

Ans: If a player wins something in a game, like money or virtual items, and decides to use those winnings to play another game without taking the money out, those winnings won't be counted as money paid to the gaming service provider. In simple terms, it means the winnings used for playing again don't count as an additional payment to the game provider.

 

 

8: How is the value of supply determined in the case of actionable claims in a casino?

Ans: The value of supply in the context of actionable claims in a casino is determined based on the total amount paid or payable by or on behalf of the player. This includes two specific scenarios:

 

 

(i)   Purchase of Tokens, Chips, Coins, or Tickets: When a player buys tokens, chips, coins, or tickets for use in a casino, the total amount spent on these items is considered the value of supply. This means if you exchange real money for these casino-specific items, the money spent on acquiring them becomes the value for tax assessment.

 

 

(ii)   Participation in Casino Events: In cases where tokens, chips, coins, or tickets are not required, and players directly participate in casino events, such as games, schemes, competitions, or other activities, the value of supply is determined by the total amount paid or payable by the player to participate in these events. This can include entry fees or participation fees.

 

In simpler terms, whether you're spending money on casino-specific items (tokens, chips, coins, or tickets) or participating directly in casino events, the total amount you pay or are obligated to pay is what's considered as the value for tax purposes in the context of actionable claims in a casino.

 

Let us understand the below through a few Scenarios Scenario 1: Purchase of Tokens, Chips, Coins, or Tickets

Suppose a player visits a casino and purchases casino tokens worth Rs 5,000. They exchange Rs 5,000 in real money for these tokens. In this scenario:

The value of supply for tax purposes is Rs 5,000 because that's the total amount paid by the player to acquire the casino tokens.

Scenario 2: Participation in Casino Events

Now, let's consider a situation where the same player participates in a high-stakes poker game by purchasing casino chips worth Rs 1,00,000. During the poker game, they win a substantial amount of Rs 10,00,000. In this scenario:

The initial value of supply for tax purposes is Rs 1,00,000, which is the amount paid by the player to acquire casino chips.

However, the winnings of Rs 10,00,000 are not considered when determining the value of supply in this context. The value of supply is still Rs 1,00,000, which represents the amount paid for the casino chips. The winnings are treated separately and do not affect the tax assessment for the value of supply in this case.

So, even if the player wins a significant amount during the poker game, the value of supply related to the purchase of casino chips remains at Rs 1,00,000 for tax purposes.

 

Scenario 3: Participation in Casino Events with Refund

Imagine a player who decides to participate in a casino poker tournament by purchasing casino chips worth Rs 1,00,000, just as in the previous example. During the poker game, they win a substantial amount of Rs 10,00,000. However, after the game, the player decides to leave the casino and requests a refund for the remaining unused chips, which amounts to Rs 30,000.

Here's how this scenario would be handled:

The initial value of supply for tax purposes is Rs 1,00,000, which represents the amount paid by the player for the casino chips.

However, the player receives a refund of Rs 30,000 for the unused chips. This refund does not reduce the initial value of supply, which remains Rs 1,00,000. The value of supply for tax assessment is still based on the amount paid for the casino chips and is not affected by the refund.

So, even with the refund, the value of supply related to the purchase of casino chips remains at Rs 1,00,000 for tax purposes. The refund for unused chips is separate and doesn't alter the initial value of supply.

 

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