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For an online money gaming supply covered by India’s GST rules, the post-1 October 2023 framework prescribes 28% GST, with valuation based on amounts paid or deposited with the supplier—not the cumulative value of every bet. Qualifying winnings reused in later games are excluded from that calculation. A separately described operator fee does not have a universal treatment established by the official materials; its character and terms need to be assessed separately.
This is a general explanation of the framework current as of 4 October 2026, not individualized tax advice. GST rules also do not establish that a particular gaming service is lawful to offer: the separate Promotion and Regulation of Online Gaming Act, 2025 is reported by India Code as having commenced on 1 May 2026.
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Which online games fall within the GST definition?
The Central Goods and Services Tax (CGST) Act defines online money gaming by reference to players paying or depositing money or money’s worth—including virtual digital assets—in expectation of winning money or money’s worth. The definition applies whether the result depends on skill, chance, or both, and whether or not the activity is permitted under another law. In the Act’s words, the outcome may be “based on skill, chance or both and whether the same is permissible or otherwise under any other law for the time being in force.”
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What is the GST rate and what amount is used to value the supply?
The applicable framework prescribes 28% GST for the specified online gaming supply. The GST Council’s 52nd meeting material described the rate as applying irrespective of whether the game is based on skill or chance. The Council recommended the framework in 2023, and the relevant amendments took effect on 1 October 2023 according to the Government of India’s year-end summary.
For valuation, the rule focuses on the total amount paid or payable to, or deposited with, the supplier by or on behalf of the player, in money or money’s worth, including virtual digital assets. It is not a rule to add up the face value of every stake or bet placed during play.
Are deposits, winnings and repeated bets treated the same way?
No. The valuation framework distinguishes funds paid or deposited with the supplier from qualifying winnings that a player reuses in later games. The GST Council’s meeting material records that amounts entered into games or bets out of winnings from earlier games are excluded from the stated valuation calculation.
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For example, where a player deposits funds, wins a round, and uses that win to enter another round, the deposit-based formulation does not treat the recycled winnings as a fresh deposit simply because they are staked again. It also does not mean that GST is recalculated on the same original deposit every time it is played. The supplier’s tax accounting still depends on the applicable rules and its transaction records, including how deposits and winnings are recorded.
Is an operator’s platform fee or commission included?
There is no universal answer established for every charge called a “platform fee,” “commission,” subscription, or similar fee. The specified gaming valuation base should be considered separately from a charge whose legal and commercial character may differ.
Whether a particular fee forms part of the consideration for the gaming supply or is consideration for a distinct supply depends on the arrangement and applicable law. The relevant facts may include the contract or platform terms, what the player is charged for, how the fee is presented and invoiced, and how the transactions are recorded. A label alone does not settle the treatment.
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Does GST treatment mean an online money gaming service is permitted?
No. GST treatment and permission to operate are separate questions. India Code’s text for the Promotion and Regulation of Online Gaming Act, 2025 states that it commenced on 1 May 2026 and applies to online money gaming services offered within India or operated from outside India. The existence of a GST valuation rule does not establish that a particular service may lawfully be offered. For a named service, its current status must be checked against the Act, applicable implementing rules, and official notices.
Is GST on the game the same as income tax on a player’s winnings?
No. GST addresses the gaming supply and its valuation. Income tax on an individual’s online-game winnings is a separate matter: the Income Tax Department’s material on section 115BBJ addresses income by way of winnings from online games. The 28% GST rate for the specified supply should not be described as a tax rate on a player’s net winnings or as the income-tax withholding rate.
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