Are video game subscriptions taxable in Indiana?

No, according to the Indiana DOR ruling, video game subscriptions are not considered taxable because they don't meet the criteria of tangible personal property or specified digital products.

Is virtual currency taxable in Indiana for gaming purposes?

No, virtual currency used in video games is not taxable in Indiana, as it does not qualify as a taxable digital product or tangible good under the state’s tax laws.

Why did the Indiana DOR decide in-game items are non-taxable?

The DOR determined that in-game items do not represent tangible personal property or taxable digital products, making them non-taxable under Indiana law.

Does the Indiana DOR ruling apply to all game publishers?

No, the ruling is binding only for the out-of-state game publisher that requested it. Other publishers should seek their own guidance from the DOR.

How does Indiana classify software-as-a-service (SaaS) for tax purposes?

Indiana does not consider SaaS to be tangible personal property, and therefore, it is not subject to sales and use tax.

Are downloadable games or digital content like movies and e-books taxable in Indiana?

Yes, digital products like movies, shows, e-books, or music are generally taxable in Indiana, but this does not apply to video game add-ons as per the ruling.

Indiana DOR: Video Game Subscriptions & Virtual Currency Non-Taxable

The Indiana Department of Revenue (DOR) issued an important ruling regarding the gaming industry's sales and use taxability rules. The ruling, which was made upon the request of the out-of-state video game publisher, provides significant clarifications and reasoning on why and when video game subscriptions, selling in-game items, and the supply of virtual currency are not taxable.

Matter of the Case and DORs Decision

The out-of-state game publisher, which requested the ruling on the subject matter, sells digital video games directly to consumers through a related entity and third-party vendors. More specifically, the publisher does not sell video games directly. Still, it offers players various options to improve the gaming experience, such as a monthly subscription to access multiplayer options, in-game items such as weapons, in-game enhancements, or expansion packs, and virtual currency that players can use to pay for subscriptions or buy in-game items.

In its ruling, the DOR underlined that, unlike prewritten computer software, which is treated as a tangible good and thus subject to sales and use tax, software-as-a-service (SaaS) and electronically accessed software without ownership transfer are not subject to sales tax.

Additionally, the DOR stated that while digital products such as movies, shows, e-books, or songs are subject to sales tax, the publishers' offerings do not meet the requirements to be considered digital products. More specifically, the DOR concluded that none of the offerings meet the criteria to be regarded as tangible goods or specified taxable digital products. Therefore, they are non-taxable.

Conclusion

Although the ruling guides other taxable persons operating in the gaming industry, it is worth noting that it is binding only for an out-of-state game publisher. Therefore, it is recommended that other taxable persons who face the same or a similar scenario seek guidance from the DOR, and, that way, avoid any potential issues or penalties for non-compliance.

Source: PwC