The Online Gaming Sector praises the Government's New TDS Laws

 The E-Gaming Federation, representing leading online skill gaming operators in India, has praised the government's proposed changes to TDS regulations on net winnings from online gaming, which were announced in Budget 2023-24. The industry body has also urged the government to move the effective date for implementing these changes in the TDS regime to April 1, 2023.  

The Finance Bill 2023 includes two new sections, namely, 194BA for withholding tax on winnings from online gaming, effective from July 1, 2023, and 115BBJ for computing taxes for those who earn income from winnings of online games. For online gaming users, TDS will be deducted under Section 194B for the first three months, i.e., April 1 to June 30, 2023, of the financial year, based on the concept of "winning" (as per Section 115BB), and under Section 194BA for the remaining nine months, based on the idea of "net winning" (as per Section 115BBJ).  

At the end of the financial year, as part of the EGF’s ITR for the assessment year 24–25, all online game transactions (for the first three months period and the next nine months) will be required to be redrawn for computing 'net winning' by the users, owing to the applicability of Section 115BBJ concerning the assessment year 24-25. This would result in significant operational difficulties in administering the amendments, discrepancies, and inconvenience for the users.  

Secretary of EGF, Malay Kumar Shukla, has expressed appreciation for the government's three-month grace period to comply with the new tax regime. However, multiple regime changes within a short period could lead to confusion and inconvenience for online gaming operators and more than 200 million gamers in the country. This could cause an increase in user grievances and a significant reduction in the number of online gaming users. Moreover, there is a high probability that many users could move to unscrupulous operators, mainly offshore 

To prevent any revenue loss to the government and align with users' taxation based on 'net winnings' for the entire financial year starting April 1, 2023, under section 115BBJ, modifying the new TDS implementation date from July 1, 2023, to April 1, 2023, is necessary as per e-gaming federation. 

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