The application of sales tax to digital supplies of goods, services and intangibles has become increasingly complex in recent years, and online gaming activities are no exception. With the addition of new regulatory requirements in the province of Ontario in Canada, navigating your way through this industry can be challenging. If you are in the gaming industry and wondering what is subject to tax, how the tax will be calculated and who is required to collect the tax, you are not alone. In this article, we will unpack the new requirements in Ontario and help you avoid being dealt a bad hand when working through these complexities.
In Canada, only provincial governments can conduct and manage gaming activities—such as betting and games of chance—within their jurisdiction and they have established separate government entities to do so. The only exceptions are certain charitable organisations that are licensed to provide gaming activities within a particular province. Nevertheless, gaming players in Canada can gain access to platforms of offshore gaming operators that have no physical presence in or connections to Canada, other than the location of their players.
In April 2022, after extensive consultations with stakeholders, Ontario rolled out a framework to regulate the way online gaming operators can conduct activities within the province. iGaming Ontario (iGO), a subsidiary of the Alcohol and Gaming Commission of Ontario, was established to conduct and manage the online gaming relationship between the province and online gaming operators.
Under Ontario's framework, iGO is the entity that would make the supply of a gaming service to the players, not the online gaming operators. This means that private gaming operators registered with iGO would provide their services to iGO, while players would place their bets directly on the online gaming operators' websites.
The new framework suggests that online gaming operators will receive a percentage of iGO's gross gaming revenue (GGR) as payment for the services the operators provide to iGO. We understand that iGO may become a “prescribed registrant” for Goods and Services Tax / Harmonised Sales Tax (GST/HST), which has the following implications:
Online gaming operators not resident in Canada that operate outside the Ontario framework, but with players resident in Canada, may have an obligation to register for GST/HST under the simplified framework introduced on 1 July 2021 as follows (for prior coverage, see the article in the December 2020 issue of Indirect Tax News):
We expect that other provinces within Canada are closely watching how Ontario's regulated framework is progressing and the revenue it is generating for provincial coffers. For now, we must wait and see whether other provinces choose to pull up a seat and join the game or whether they will fold and walk away. Meanwhile, online gaming operators, whether resident in Canada or not, should explore the options available to them based on their own unique circumstances.