Online casino owners face a difficult choice of a reliable jurisdiction, which provides licenses that are valid in many countries. As of today, the choice is not rich, and gambling business owners undergo licensing in one of the following countries and territories:. The advantages of this small Caribbean island are zero percent tax on casino profits, fast licensing process usually about 1.
A casino owner has to place computing power servers in the Curacao territory. Canada is famous for its very tolerant attitude towards gambling in terms of legislation. In , Kahnawake Gaming Commission was created, which, among other things, provides licenses for online casinos.
The licensing procedure is conducted in several stages: the Authority considers an application—this takes weeks—and then the casino obtains a temporary license for a period of six months. After that, based on the results of a thorough analysis, a five-year gambling license is given. Apart from the jurisdictions above, online casino owners can also obtain a license from the UK, Alderney, Macao, Belgium, Denmark, Isle of Man and some other countries. Getting a license will help a gambling operator to work in compliance with laws and regulations, attracting players by complete transparency, financial transactions safety and fairness of the gambling process.
To apply for a gaming license , open a bank account or ask a question , please, fill in the form:. As of today, the choice is not rich, and gambling business owners undergo licensing in one of the following countries and territories: Curacao The advantages of this small Caribbean island are zero percent tax on casino profits, fast licensing process usually about 1. Kahnawake Canada is famous for its very tolerant attitude towards gambling in terms of legislation.
Nov 14, What is a Gaming License? Gaming License Requirements. Gaming License Cost. Poker License. Only the State of Nagaland regulates online games of skill. The licensing authority in Nagaland is the Finance Commissioner. As stated in the corresponding column, poker can be argued to be a game of skill and therefore exempt from most Gaming Enactments.
This exemption would apply to even poker when played on physical premises. Depending on the exact format of bingo, it can fall within the definition of a lottery, or under the general definition of gambling under most Gaming Enactments, as it is a game of chance. In case of the latter, it would be prohibited in most Indian States.
If the betting is on games of chance, this is prohibited in most Indian States. If it is: i betting on casino games, please refer above; ii sports betting or fantasy sports, please refer to the relevant column below. Betting on horse racing has been held to be a game of skill. There is no regulator for betting on horse races online. However, a licence may be required from the relevant Turf Club.
Only the State of Sikkim permits sports betting under a licence through the intranet within the State of Sikkim only, under the Sikkim Act. Betting on physical horse races on race courses is regulated by the Turf Clubs, i. Certain skill formats of fantasy sports should be exempt from the prohibitions under most Gaming Enactments. Only the State of Nagaland has enacted a licence regime for virtual team selection games and virtual sport fantasy league games when offered online.
Please refer to the corresponding column apart from the discussion on the State of Nagaland, which only applies to online games. Depending upon the format and content of these games, certain other laws may be triggered, such as intellectual property laws, content laws, e. As discussed above, games of skill are exempted from the prohibitions under most Gaming Enactments. The SC has specifically recognised certain games as games of skill, as discussed in question 1.
No licence as such is required to operate such games in most Indian States. Only the State of Nagaland has enacted a licence regime for online games of skill under the Nagaland Act. Please refer to the corresponding column except for the discussion on Nagaland, which would only apply to online games.
It is not a settled position of law as to whether these prohibitions extend to the online medium. Operators take a conservative approach and do not offer their games in these States. Whether a game is of chance or skill is a question of fact to be decided on the facts and circumstances of each case.
There is no licensing regime for games of skill at a federal level. These games operate under the exclusion for games of skill. Certain games have been specifically recognised as games of skill under the Nagaland Act. Accordingly, even games of skill cannot be offered in Telangana.
The amendments introduced by the Ordinance appear to be very similar to the amendments introduced to the Telangana Amendment Act. The exemption for games of skill which formerly existed under the AP Act has also been substituted by a provision giving the AP Act overriding effect. Accordingly, games of skill appear to be prohibited by the AP Act. Under the Indian Constitution, an ordinance has the same effect as an Act of Legislature of the State Government, however such ordinances are required to be laid before the State Legislature for confirmation by passing a resolution to this effect.
An ordinance would lapse if 1 it is not confirmed within six weeks of the re-assembly of the State Legislature, or 2 a resolution disapproving it is passed by the Legislative Assembly of the State and agreed to by the Legislative Council.
Therefore, the AP Ordinance has the force of law unless either 1 or 2 occur in the next sitting of the State Legislature, the dates of which have not been released as of yet. There is a possibility that the AP Ordinance could be challenged in court. The PCA was enacted to regulate certain types of competitions.
In the case of R. However, due to the types of games covered under the PCA i. Certain other laws that would apply to gaming activities have been discussed in question 2. As games which are predominantly chance-based, casino games are treated as betting and gambling activities, and are therefore prohibited under most Gaming Enactments. It can be argued that certain variations of poker are games of skill for the purpose of most Gaming Enactments. Accordingly, such games should be permitted to be offered in most Indian States with an exemption for games of skill.
Ltd v. Accordingly, poker is currently prohibited in Gujarat. However, an appeal has been filed against this order and is pending before the High Court. For a discussion on lotteries, please refer below. However, if it is betting on casino games, please refer above. If it is sports or fantasy betting, please refer below. In the case of Dr. K R Lakshmanan v.
However, the Horse Racing Exemption is subject to certain conditions under the Gaming Enactments, such as when wagering or betting takes place on the day on which the horse has run, in an enclosure which has been sanctioned by the State Government, etc. In the case of online betting on real horse races, the conditions prescribed under the Horse Racing Exemption would need to be met.
Turf Clubs regulate betting on physical horse races within their premises. One of the conditions which the Racing Exemption is subject to is that such betting takes place within an enclosure which Turf Clubs have set apart for betting. Accordingly, betting on physical horse races must take place within the confines of Turf Clubs. Such betting would also be subject to the rules of the independent Turf Clubs.
The above conditions would be difficult to meet in the case of online betting on horse racing products. However, one can argue whether a horse racing product is a game of skill independent of the Horse Racing Exemption. While arguably the treatment of betting on horse racing as a game of skill should apply to sports betting as well, currently the status of sports betting as a game of skill is sub judice in the Geeta Rani Case, as stated above.
Only the State of Sikkim permits sports betting. An operator must obtain a licence to offer such games under the Sikkim Act. Such games may be offered through the intranet within the State of Sikkim only. In most other States, law enforcement authorities seek to prosecute players engaged in sports betting. It can be argued that certain versions of fantasy sports games are preponderantly skill-based games in the Indian context. Accordingly, such games can be treated as exempted under the Gaming Enactments.
Thereafter, the High Courts of Bombay and Rajasthan also recognised that the same format of fantasy sport was a game of skill in Gurdeep Singh Sachar v. The State of Rajasthan , respectively. However, as of September 8, , there has been a stay order imposed on the judgment of the High Court of Bombay by the SC. Accordingly, the SC may examine this issue now. The Nagaland Act expressly recognises virtual team selection games and virtual sport fantasy league games as games of skill.
If such games are sought to be offered online in the State of Nagaland, a licence would be required. The Lottery Laws permit State Governments to organise, conduct or promote a lottery, subject to certain conditions, as stated above. Some States regulate physical lotteries such as Sikkim , and lotteries have been banned in certain States such as Madhya Pradesh.
Some States specifically provide for online lotteries such as Punjab. Section A of the IPC specifically prohibits private lotteries. Certain other States have introduced legislation expressly banning lotteries in their States e. As stated above, games of skill are exempted from the prohibitions under most Gaming Enactments. Arguably, such games can be offered in both land-based and digital form in all the States in which there is such an exemption.
Only the Nagaland Act has enacted a licence regime to regulate the online versions of such games. The SC has recognised certain games as games of skill, such as betting on horse racing and the game of rummy. The issue of whether sports betting is a game of skill or not is before the SC. Depending upon the type of product, and the medium through which the Relevant Product is sought to be offered, licences may be required for certain products. We have mentioned these below:. In so far as betting on horse races online is concerned, there are also no licences required.
Based on the Lakshmanan Case, it can be argued that such games are games of skill and exempt under most Gaming Enactments. Innovative structures can be put in place for a foreign operator to offer such games. In the case of betting on physical horse races, the conditions under the Horse Racing Exemption would need to be fulfilled. As stated above, the question of whether sports betting is a game of skill is pending before the SC in the Geeta Rani Case. Only the State of Sikkim offers a licence to offer sports betting through the intranet within the State of Sikkim only.
There are only a small number of States in India that allow operators to conduct gambling activities under a licensing regime. For brevity, we have only highlighted key points below:. Sikkim has also enacted the Sikkim Act and Rules under which licences are granted to offer intranet games of: a roulette; b blackjack; c pontoon; d punto banco; e bingo; f casino brag; g poker; h poker dice; i baccarat; j chemin-de-fer; k backgammon; l keno; m super pan 9; and n other sports games which involve the prediction of results of sporting events and placing a bet on the outcome, in part or whole, of such sporting event.
As per the Sikkim Act and Rules, the licensee must be a company incorporated in India, and must operate only in Sikkim. The licensees must be entities incorporated in India, have a substantial holding stake in India, and have no criminal history; and the licence is only issued to those entities which have no interest in online or offline gambling activities in India or abroad.
The eligibility above should be read in conjunction with the criteria covered in question 2. The Empanelled Firms will then revert with either their certification or recommendations to the applicant within 30 days. These committees are required to make their recommendations within two weeks.
The Nagaland Authority will then issue the licence to the application within 14 days of receipt of certification of the Empanelled Firms. Additional points to note are as follows:. Please include in this answer any material promotion and advertising restrictions.
In addition to our response to question 2. These restrictions, however, should not apply to skill games. The IPC prohibits advertisements for lotteries, unless they comply with the provisions of the Lottery Laws. The advertising of prize competitions is prohibited, unless it has been duly authorised by the relevant authority. For example:. The advertising of gambling is regulated by the Telecom Commercial Communications Customer Preference Regulations, , which prohibit unsolicited commercial communications to persons that have opted out of receiving them.
These Regulations also provide that telemarketing can only be carried out by operators that have obtained a licence from the Telecom Regulatory Authority of India. This code prohibits the propagation of products, the use of which is banned under the law. However, in cases where the winnings are wholly in kind or partly in cash and partly in kind and the cash component is insufficient to honour the withholding obligation in respect of whole of the winnings, the payor is required to ensure that the tax at the above rate is paid before the release of the whole winnings to the payee.
A new tax has been imposed which is chargeable on online services or goods supplied by offshore e-commerce operators to Indian residents or persons accessing such platforms through an Indian IP address. The question of the applicability of this tax to offshore gaming operators can also arise and based on the specific facts of the game model, it may be possible to argue that this tax should not apply.
There are certain de minimus thresholds notified below which the gross income is not subject to this tax. Further, games offered under direct betting models where the players bet against the house constitute actionable claims. Actionable claims relating to games of skill are not subject to GST. On the other hand, games offered under the peer-to-peer model where the players bet against each other and the gaming company merely provides the platform for facilitating such betting constitute provision of services by the gaming company.
If there is sufficient human intervention in the provision of the services, such as live casinos for instance, such services should not qualify as OIDAR and accordingly should not be taxable. Please note that to ascertain the taxability, rate of taxation and the correct tax base, the exact nature of the product offering should be analysed.
The outcomes would differ also based on whether the operators are based in India or are conducting such activities from outside of India. Most Gaming Enactments do not prescribe social responsibility requirements for gaming operators, since they have been enacted to prohibit gaming activities. However, in the absence of regulation, the gaming industry in India has taken the initiative to self-regulate and prescribe standards for social responsibility.
Does your jurisdiction permit virtual currencies to be used for gambling and are they separately regulated? Under the PMLA, entities carrying out the activities for playing games for cash or kind including casinos are also required to adhere to the provisions of the PMLA. As per Section 12 of the PMLA, reporting entities are required to maintain records of transactions and documents evidencing the identity of their clients in accordance with the Rules.
Processing functions typically involve clearing, payment and settlement, which constitute the core functions of a payment system as per the definition under the PSS Act. Accordingly, payment service providers offering services to gaming operators may need to obtain authorisation from the RBI depending upon the types of functions that they undertake. Payment gateways and closed loop wallets are not treated as payment systems. Hence, the same valuation and declaration of such accounts should be made by persons as in the case of a bank account, in order to comply with certain tax compliance requirements under the Black Money Act.
Please refer to our response to question 3. All of the laws above, especially the IT Act, would be applicable. Excluding the Nagaland and Sikkim Acts, the Gaming Enactments are pre-internet pieces of legislation and were not amended after the advent of the internet. In these enactments, gaming in a common gaming house is prohibited, and they do not distinguish between physical and online offerings. There are primarily two schools of thought:. As discussed in our response to question 1.
The liability for offences under the Gaming Enactments usually vests upon:. Under FEMA, the onus of compliance is on the Indian resident party making the remittance outside India and not the foreign party receiving the remittance. Under the IPC, the abetment of offences is also prohibited. Abetment has been defined as intentionally aiding such offences, whether by acts or illegal omissions. USD 2. USD 1. The Bombay Prevention of Gambling Act, imposes a fine and imprisonment for offenders.
A first offence is punishable with a fine and imprisonment of at least INR approx. USD 6. USD In States such as Nagaland, the fines for contravention might be significantly higher.
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