• Earn income legally from betting

In order to become a professional sports bettor residing in india , what are the various aspects of taxation and whether it is legally possible or not ?
Asked 6 years ago in Taxation

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12 Answers

Sports betting such on cricket football is illegal in India and you can be prosecuted for same. The public gambling act make it a punishable offence .

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Tax is Deducted at 30.9% on the amount earned from betting and remitted to Govt. Betting on cricket is not legal in India.

Ajay Sethi
Advocate, Mumbai
94725 Answers
7535 Consultations

5.0 on 5.0

Respected sir ...

Law's made in respect of betting in India allows someone to do that thing in a profactional manner ...First you must have a licence by the govt of India for doing betting bussiness in India ...And then what ought to be your income is shall be considered after the profit and losses in the bussiness ...And then the work start of taxation ...That is quite a simple procedure ..You can consultant to any C.A for proper filling of tax As per law but for that you must have a licence .. Firstly go and get the same ...

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

Betting in any form is illegal in India and can be prosecuted for offence committed under public gambling act. But there is no law that makes online betting an illegal activity as the law is still in infancy stage. Also tax will be deducted up to 30% on amount earned by betting.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

Betting or gambling whether off line or online in India in sports of any kind is purely illegal and any person caught in betting is prosecuted under various provision of IPC as well as in Public Gambling Act.

S think of starting up a new business venture.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

You will be charged at 30 .9 per cent on income from betting

Online betting is illegal in India

Ajay Sethi
Advocate, Mumbai
94725 Answers
7535 Consultations

5.0 on 5.0

You cannot do anything directly or indirectly since you will be charged with having common intention and common object and will be made as accused if the person who's acting as your agent is caught.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

Betting on sports, except horse racing is banned in India.

If you're found in contravention of any provision of the Public Gambling Act, 1867.

There is no specific laws which make online betting illegal, so it's kind of illegally legal.

But, it is a really risky venture and i would totally advise against it.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Sir if you participate indirectly also that can be construed as common object or abatement, further income accrued by gambling in foreign shall also common under the restrictions imposed by FEMA laws.

§ Printing, publishing, selling, distributing or in any manner circulating anything with the intention of aiding or facilitating gambling and it amounts to an offence in India

it would be better for you to shift to foreign nation.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. What is the rate of Income Tax payable on winnings from any card games, lotteries or other gaming activities?

As per Section 115BB of the Income Tax Act the current rate of Income Tax (as on financial year 2013-14) on poker winnings or winnings from any such card games etc. is 30%. However there is education and higher education cess payable on the taxable amount and hence the total effective amount of tax payable is 30.90%.

Section 2(24)(ix) of the IT Act defines card games and lotteries as follows:

“Any winnings from lotteries, crossword puzzles, races including horse races, card games and other games of any sort or from gambling or betting of any form or nature whatsoever.

[Explanation.—For the purposes of this sub-clause,—

(i) “lottery” includes winnings from prizes awarded to any person by draw of lots or by chance or in any other manner whatsoever, under any scheme or arrangement by whatever name called;

(ii) “card game and other game of any sort” includes any game show, an entertainment programme on television or electronic mode, in which people compete to win prizes or any other similar game.”

Section 115BB reads as follows:

Tax on winnings from lotteries, crossword puzzles, races including horse races, card games and other games of any sort or gambling or betting of any form or nature whatsoever.

“Where the total income of an assessee includes any income by way of winnings from any lottery or crossword puzzle or race including horse race (not being income from the activity of owning and maintaining race horses) or card game and other game of any sort or from gambling or betting of any form or nature whatsoever, the income-tax payable shall be the aggregate of—

(i) the amount of income-tax calculated on income by way of winnings from such lottery or crossword puzzle or race including horse race or card game and other game of any sort or from gambling or betting of any form or nature whatsoever, at the rate of 21[thirty] per cent; and

(ii) the amount of income-tax with which the assessee would have been chargeable had his total income been reduced by the amount of income referred to in clause (i).”

2. Are organisers compelled to deduct Tax at Source (TDS) on poker winnings?

As per Section 194B of the Income Tax Act, on any winnings above Rs. 10,000/- (as per laws prevailing in financial year 2012-13) it is the responsibility of persons organising or managing the event to deduct 30.90% tax before releasing the winnings.

Section 194B reads as follows:

Winnings from lottery or crossword puzzle.

The person responsible for paying to any person any income by way of winnings from any lottery or crossword puzzle or card game and other game of any sort in an amount exceeding ten thousand rupees shall, at the time of payment thereof, deduct income-tax thereon at the rates in force :

Provided that in a case where the winnings are wholly in kind or partly in cash and partly in kind but the part in cash is not sufficient to meet the liability of deduction of tax in respect of whole of the winnings, the person responsible for paying shall, before releasing the winnings, ensure that tax has been paid in respect of the winnings.

3. Are organisers required to give a TDS certificate when tax is deducted on winnings?

Yes, as per Section 203 of the IT Act and Rules framed thereunder TDS certificate has to be supplied by the deductor to the deductee “within one month from the end of the month during which the credit has been given or the sums have been paid.” [See this link for more information].

4. If prizes are awarded instead of cash, does TDS still have to be deducted?

Yes, TDS has to be deducted to the extent of 30.90% of the value of the gift/prize or the organiser has to ensure that the winner pays the tax amount upfront.

5. What is the liability for not deducting TDS?

Organisers or those responsible for the event can potentially face various liabilities for not deducting TDS and they would have to pay the amount payable, interest and other penalties from their own pockets if the amount is not deducted. Further, prosecution can be initiated for non-deduction of TDS and there is a maximum punishment of seven years imprisonment and fine. [See: Sections 201(1A), 221, 276B of the Income Tax Act].

6. Are set-offs permitted before deducting of TDS?

No, set-offs or any deduction/adjustment of costs etc. would not be permitted before deduction of TDS.

7. Is there any liability to deduct additional surcharge over and above the 30.90% TDS in case of gambling winnings?

As per the Finance Bill 2013, an additional surcharge is proposed to be levied on income from gambling under Section 115BB as TDS deductions under Section 194B on amounts exceeding specified limits. The manner and rates at which this surcharge is to be levied has not yet been notified.

Update: As per the Finance Bill, 2013 the following surcharge will be levied on the TDS deducted as per Section 194B:

The amount of tax so deducted shall be increased by a surcharge in the case of—

(i) every non-resident (other than a company) at the rate of ten per cent. where the income or the aggregate of income paid or likely to be paid and subject to deduction exceeds one crore rupees ;

(ii) every company other than a domestic company at the rate of two per cent. where the income or the aggregate of income paid or likely to be paid and subject to deduction exceeds one crore rupees but does not exceed ten crore rupees ;

(iii) every company other than a domestic company at the rate of five per cent. where the income or the aggregate of income paid or likely to be paid and subject to deduction exceeds ten crore rupees.

For Income Tax on gambling winnings in terms of Section 115BB the following surcharge shall be levied:

Total income Rate of surcharge for domestic companies Rate of surcharge for foreign companies

Up to Rs. 1 crore NIL NIL

Over Rs. 1 crore 5% on tax to be paid 2% on tax to be paid

The provisions relating to surcharge shall be applicable w.e.f. 1st April 2013.

I don't know, whether the betting you are talking about comes under gambling in India or legal in India. That you have to find out.

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

The professional sports bettor is doing his business professionally under license for the same. Thus any income derived out of the business and personally may come under the scanner of income tax.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

The income you have earned through such other sources have to be reflected in the income tax returns as income from other sources an pay the applicable income tax if coming within the limit.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

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