AUSTRALIA Law and Practice Contributed by: Jamie Nettleton, Samuel Gauci and James Dommett, Addisons
(b) 90% of the player loss in respect of supplies on which GST is not payable. Wagering tax New South Wales Under the Betting Tax Act 2001 No 43 (NSW), the tax payable in respect of totalisator on-course and off- course betting from 1 July 2022 is 3.49% of totalisator commissions on fixed-odds racing. Race-field fees The applicable rates vary between states and terri- tories. Certain states and territories have established a fixed rate for the applicable fees; however, in other states and territories the applicable rates vary depend- ing on the category of race on which bets are taken. Online Gambling The gambling tax that is applicable in the Northern Territory is as follows. • For online gaming, the tax rate is 50% of net prof- its. There is no cap on the maximum tax payable per financial year. • For the bookmaker, the tax payable is: (a) 5% of net profits or commissions; and (b) capped at AUD2.9 million per financial year.
An online betting operator, irrespective of the jurisdic- tion in which it is licensed, will also be subject to a point-of-consumption tax. This is charged based on net wagering revenue in the following states and ter- ritories (subject to certain thresholds being achieved): • South Australia – 15%; • NSW – 15%; • Victoria – 15%; • Queensland – 20%; • Australian Capital Territory – 25%; • Western Australia – 15%; and • Tasmania – 15%. All the foregoing taxes are calculated in a slightly dif- ferent manner. Further enquiries should be made to obtain details of the calculations.
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