Do Winnings From Casinos Are Taxable?

If you put the Indian Income Tax department in charge of the Thar Desert for 5 years, a shortage of sand would surely be noticed. Considering the demand for online games and their recent popularity, a proposal on behalf of the Legislature, vide Finance Bill, 2023, is given. It prescribes specific provisions regarding tax deduction under Section 194 BA, and the taxability of online games under Section 115 BBJ was noted.

Gamblers hop to different casino sites or land-based casinos with an urge to play real money games because they come with good payouts and winnings. Aren't they sound lucrative? Yes obviously. But do you know these winnings are very much taxable? Do you know how the winnings from gambling and betting at online or land-based casinos are being taxed in India? A country like India has allocated a 30% tax deduction from the winnings. The gambling companies will deduct the taxes on every win the player earns before paying them in India.

The gambler is responsible for deducting the amount of money from winnings when he strives to withdraw them from the user account registered with an online or offline gambling intermediary. Else, it is prompted at the end of the financial year or FY: Section 194 BA provides for TDS on net winnings from online games from the gamblers. Section 194B asserts a threshold of INR 10,000 applicable on a financial year basis to entreat the tax deduction liability.

Conceptualizing that the incomes earned from legal or illegal sources are put into income tax slabs, many gamblers agree that tax exemptions are provided when you play a social casino without real money. But it is noteworthy that all incomes from real money games are always taxed. Now this enters a debate between the game of skill and the game of chance, but ignoring it, the Indian government has asked the income tax authorities to implement the taxes to be deducted under Sections 194BA and 115BBJ.

Do you know what Section 194BA is stated in the Circular No. 5 of 2023, issued by CBDT, elaborates? This section states the ways to control tax payments on winnings. Here comes a big smile on gamblers' faces because Circular No. 5 of 2023, issued by CBDT, traces the computation of net winnings through different user accounts at different casino destinations, stating incomes from bonuses and incentives, cash relaxation from insignificant withdrawals, valuable winnings, etc.

For example, while playing online poker, if you manage to make any winnings, you have to pay tax based on the net amount of your winnings. If TDS is not deducted instantly from your winnings, you can file for income tax within 30 days after the winnings are in your account. Just like Mr. Minto has received INR 30,000 from gambling, he has to pay 30% of this amount, including the cess; a 31.4% tax will be deducted from his account for INR 30000.

Therefore, the said winnings of Mr. Minto from online casino games played on land-based casinos were hitherto taxable on account of Section 56(2) (ib). This amendment prescribes that income shall be taxable under the head' Income from other sources. This amendment also applies to the winnings from online games that would also fall under the head of IFOS.

Have you checked your winning amount? Yes, if it is more than INR 50 lakh, a surcharge of around 10% will be levied. It will be applicable over the normal winning rate. This surcharge will be 33%, which excludes the cess. After the cess is included, the total tax will be 34.32%.

The enhancement in income tax is causing a catastrophic burden on gamblers. Is it true? At some point, gamblers may get a severe blow, but on the other hand, the unlimited winnings from casinos would withstand paying that extra cost to the government.