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ITR Filing

Tax on winnings for an NRI: lottery, game shows and online gaming

You have won money in India, on a game show, a lottery, a card game or an online game, and you want to know what tax it carries.

You have won money in India, a game-show prize, a lottery, a card game, a fantasy or online game, and the amount that reached you was smaller than the headline figure, or you are wondering what you must declare. Winnings are taxed differently from ordinary income, at a single flat rate with none of the usual reliefs, and for a non-resident there is little a tax treaty can do about it. Knowing the flat rate, the deduction at source, and that your other deductions cannot soften it, tells you exactly where you stand.
Last reviewed: 26 July 20266 min readReviewed by Preetesh Maloo, CA

The short answer

Winnings from an Indian lottery, game show, card game, horse race, betting or online game are taxed at a flat 30%, plus surcharge and cess, with no basic exemption, no deduction for any expense and no setting off of any loss, and a non-resident is taxed the same way. The payer deducts the tax before paying you, under Section 194B for a lottery or game show once the win crosses ₹10,000, or Section 194BA on the net winnings from an online game with no threshold at all. A tax treaty rarely helps, because most of India's treaties let India tax this income at source, so the flat 30% usually stands.

References on this page

  • Section 115BB: winnings are taxed at a flat 30%, with no exemption, no deduction and no loss set-off
  • Section 115BBJ: net winnings from online games are taxed at a flat 30%
  • TDS: Section 194B (lottery/game show, over ₹10,000) and Section 194BA (online games, no threshold)
  • A non-resident is taxed the same; most treaties let India tax this income, so relief is rare

A flat 30%, with nothing to soften it

Winnings are the harshest category of income to be taxed on, because none of the usual cushions apply. Under Section 115BB, winnings from lotteries, crossword puzzles, card games, horse races, gambling, betting and television or game shows are taxed at a flat 30%, plus surcharge and cess. Your slab does not apply, so the basic exemption that shelters your first slice of income does not help, you cannot deduct any expense of taking part, and you cannot set off any loss, from these games or from anything else, against the winnings.

Online games sit in their own but identical box. Under Section 115BBJ, the net winnings from an online game are taxed at the same flat 30%, whether the game is one of skill or chance. So a fantasy-sports or gaming-app win is taxed just like a lottery. For a non-resident, the rate and the no-relief rules are exactly the same, there is no gentler treatment for an NRI.

The tax is taken before you are paid

You usually meet this tax as a deduction at source, before the money reaches you. For a lottery or a game-show prize, Section 194B requires the payer to deduct 30% once the winning crosses ₹10,000. For an online game, Section 194BA requires deduction on your net winnings with no threshold at all, applied when you withdraw and on the year-end balance, so every rupee of net winning is covered.

Where a prize is in kind, a car, a holiday, the payer must still ensure the 30% is paid before releasing it, which is why winners are sometimes asked to pay the tax to collect a non-cash prize. Because the deduction is at the full 30% and the tax on the winning is also 30%, there is usually nothing more to pay and nothing to reclaim on the winning itself. But you still report it in your return, and if you have other Indian income the winning does not merge with it, it stays taxed at its own flat rate.

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What's involved

What the CA actually does

  1. 1

    We report the winning correctly

    We put the winning in your return at its flat 30% rate, kept separate from your other income, so it is declared right.

  2. 2

    We reconcile the TDS

    We match the tax the payer deducted under Section 194B or 194BA against the tax due, so nothing is over or under paid.

  3. 3

    We check for any treaty relief

    We look at your country's treaty to see whether, unusually, it limits India's right to tax the winning, though for most treaties it does not.

  4. 4

    We keep your other tax clean

    We make sure the winning does not distort the tax on your other Indian income, and that any refund on that income still comes through.

What to have ready

Documents you'll typically need

  • The winning amount and the payer's statement
  • The TDS deducted (Form 16A or the payout summary)
  • Details of any prize in kind
  • Your PAN, TRC and residency details

Your destination country can change the details

Requirements differ from one consulate, university and visa route to the next — how recent the figures must be, how long funds must have been held, and which certificates are mandatory. We assemble the documents around the exact checklist you're applying under. To see how India's tax treaty with your country of residence affects related filings, set your country below or compare all 31 countries.

Frequently asked questions

Common questions

Won money in India as an NRI?

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