India Weighs Leveling Tax Rate for Fantasy Sports and Gambling Operators

India’s Supreme Court is currently weighing whether fantasy sports should be treated the same as gambling when it comes to taxation, according to CNBC TV18.

Government officials argue there’s no meaningful difference between fantasy platforms and traditional gambling operators — at least not when it comes to the Goods and Services Tax (GST).

“Any form of wagering on an outcome falls under the definition of gambling,” the government stated.

The authorities maintain that the distinction between games of skill and games of chance shouldn’t impact how the organizers are taxed. In fact, in their submission to the court, they noted that even in Indian states where skill-based games are separately regulated, fantasy sports still fall under the umbrella of gambling.

To support their stance, the government cited football betting as an example. A bettor can wager on how many goals a player will score in a game, but they have no control over the outcome. Similarly, fantasy sports users build virtual teams that earn points based on real-world performances — but, again, without any influence over the final results.

If the court sides with the government’s view, fantasy sports operators across India could be hit with a 28% GST rate — up from the current 18%.