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Notification No. 03/2023 – IT: Supply of Online Money Gaming

by | Jan 22, 2024 | GST, 2023 Notifications, Integrated Tax 2023 Notifications, Notifications | 0 comments

Important Keywords: Notification No. 03/2023 – Integrated Tax, Supply of online money gaming as the supply of goods on import of which, integrated tax shall be levied and collected under Section 5(1) of the Integrated Goods and Services Tax Act, Section 5(1) IGST Act 2017, F. No. CBIC-20016/29/2023-GST, Notification No. 03/2023 – Integrated Tax,

Words: 343; Read time: 2 minutes.

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB- SECTION (i)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS

New Delhi, dated the 29th September, 2023

Notification No. 03/2023 – Integrated Tax: Seeks to notify the supply of online money gaming as the supply of goods on import of which, integrated tax shall be levied and collected under sub-section (1) of section 5 of the Integrated Goods and Services Tax Act,2017

G.S.R. (E):— In exercise of powers conferred under proviso to sub-section (1) of section 5 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017) (hereinafter referred to as the said Act), the Government, on the recommendations of the Council, notifies the supply of online money gaming as the goods on import of which the proviso to sub-section (1) of section 5 of the said Act shall not apply, but on which integrated tax shall be levied and collected under sub-section (1) of section 5 of the said Act.

2.This notification shall come into force on the 1st day of October, 2023.

[F. No. CBIC-20016/29/2023-GST]

(Raghavendra Pal Singh)
Director


Frequently Asked Questions (FAQs)

Q1. What is Notification No. 03/2023 – Integrated Tax, and why is it important?

Notification No. 03/2023 – Integrated Tax declares that the supply of online money gaming will now be treated as a supply of goods under the Integrated Goods and Services Tax (IGST) Act, 2017.
This means:
✅ Online money gaming services will be taxed as imported goods
✅ IGST will be levied and collected at the time of import
✅ It ensures fair taxation of foreign-based gaming platforms catering to Indian users
This regulation closes tax loopholes and strengthens GST compliance in the online gaming sector.

Q2. How does this notification affect foreign online gaming companies?

Foreign gaming platforms must:
📌 Register under GST in India
📌 Pay IGST on the supply of online money gaming services
📌 Comply with tax regulations to avoid penalties
Since online gaming is now treated as an import of goods, overseas gaming operators must follow Indian tax laws to continue offering services legally.

Q3. Why has the Indian government classified online money gaming as a supply of goods?

The classification ensures:
✔️ Higher tax compliance from foreign gaming platforms
✔️ Proper taxation on gaming transactions
✔️ A level playing field between Indian and international gaming operators
By treating online gaming as a supply of goods, the government can better regulate and tax cross-border digital transactions.

Q4. What IGST rate is applicable to online money gaming under this notification?

Under Notification No. 03/2023 – Integrated Tax, online money gaming is treated as imported goods, which means:
🎰 Games of chance (betting, gambling, casino games, etc.)28% IGST
💡 Games of skill18% IGST
Foreign gaming companies must ensure correct IGST compliance to avoid penalties.

Q5. Who will be responsible for paying IGST on online money gaming services?

IGST will be levied and collected from the importer, which in this case is:
✔️ Foreign online gaming platforms supplying services to Indian users
✔️ Payment gateways facilitating cross-border transactions for gaming
Foreign suppliers must comply with GST laws to continue operating in India without legal consequences.

Q6. How will this notification impact Indian players using foreign gaming platforms?

For Indian players:
📌 Foreign gaming services may become costlier due to IGST application
📌 More transparency in taxation for online gaming transactions
📌 Indian players may see price changes in subscription fees and winnings
This move ensures that foreign gaming companies contribute to India’s tax system, just like Indian-based operators.

Q7. What are the consequences of non-compliance with this notification?

🚨 Non-compliance can lead to:
Hefty penalties and fines for foreign gaming operators
Blocking of platforms that fail to register for GST
Legal action from the Indian government
To operate legally in India, foreign gaming companies must register for GST and pay IGST on online gaming transactions.

Q8. How can foreign online gaming companies comply with this notification?

To comply with Notification No. 03/2023 – Integrated Tax, gaming platforms should:
1️⃣ Register for GST in India as a foreign supplier
2️⃣ Charge and collect IGST on gaming transactions
3️⃣ File GST returns (GSTR-5 or other applicable forms) regularly
4️⃣ Appoint an Indian tax representative if required
For seamless GST registration and compliance, consulting a GST expert like Finodha.in can be beneficial.

Q9. How does this notification impact the Indian online gaming industry?

This notification:
✔️ Protects Indian gaming companies from unfair competition
✔️ Ensures all gaming operators (domestic & international) follow GST laws
✔️ Prevents revenue loss due to tax evasion by foreign gaming platforms
By applying IGST to imported gaming services, the government strengthens fair competition in the Indian gaming market.

Q10. Where can I find the official Notification No. 03/2023 – Integrated Tax and Expert Guidance?

You can read the official notification on:
🔗 CBIC website – Under ‘GST Notifications’
🔗 GST Portal (gst.gov.in) – Under ‘Legal Updates’
For expert GST compliance assistance, trusted professionals like Finodha.in can help foreign gaming suppliers register, file taxes, and stay compliant with Indian GST laws.


Download PDF: Notification No. 03/2023 – Integrated Tax


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More Information: https://taxinformation.cbic.gov.in/

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