US Tax Considerations for eSports and the Online Games Industry
18 February, 2021

Even before the start of the coronavirus pandemic, the entire eSports sector was experiencing rapid growth. Professional gamers are reaching and sometimes surpassing the popularity levels of traditional sports superstars. The richest eSports player N0tail, a Dota 2 professional, had an estimated net worth of USD 6.9 million in 2020. In 2019, Ninja, one of the biggest streamers in the industry, signed a deal with the Mixer streaming platform - a deal that is estimated to be worth around USD 30 million. One of the largest eSports tournaments, Dota 2's The International has a prize pool of USD 40 million, placing it in the same league as some of the biggest sports tournaments in the world. In recent years, eSports matured into a fully independent industry with an explosion in investment and revenue that's expected to surpass USD 1.5 billion by 2023.
While the increased popularity and profitability of professional gaming is good news for everyone involved, eSports teams, players, and companies are facing increasingly complex tax-related issues stemming from different factors. Firstly, the international nature of their business complicates the determination of which taxes to pay, how much, and to whom. This is further exacerbated in the US due to the country's infamously complicated tax system. Secondly, the growing revenue streams attracted the attention of tax authorities looking to fill the state's coffers. Lastly, the diversity of revenue sources, including merchandise, in-app purchases, sponsorships, prize money, are further exacerbating the problem.
Taxation of eSports Earnings
In the good old days, US eSports players could keep most of their winnings. That's because of considerably smaller prize pools and the limited popularity of video game tournaments. However, as incomes and popularity skyrocketed, Uncle Sam's tax authorities became much more interested in collecting their share.
So, what eSports income is actually taxable? The bad news is, almost all of it. Like all US residents, eSports players are required to pay federal taxes to the IRS on practically all of their worldwide income. Here are the most common income sources for eSport players and organizations as well as the tax rules for that income.
Tournament Winnings
A significant portion of income for professional players is tournament prize money. The extent to which these winnings can be taxed depends on the country/state where the tournament is held. In the US, the IRS requires individuals to file Form 1099-MISC for all income exceeding USD 600. For tournaments held in the US, even non-US persons may be required to pay the federal income tax. The winners of the 2014 Dota 2 International, Newbee, had to pay a 30% tax on their winnings. In some cases, the players would have to pay taxes in their home country as well.
A similar thing happened to the US Fortnite player Bugha, whose USD 3 million in prize money shrank by half after he paid both state and federal taxes. It's paramount to read about specific tournament tax rules, both for tournaments located in the US and abroad, in order to know how much of your income will be taxed.
Jock Tax
One especially troublesome form of taxation is the so-called jock tax. It's used by authorities in individual states to charge eSport players that aren't residents for income earned there. For example, a New Jersey-based player might travel to California in order to participate in a tournament or anything related to their profession. The problem here is what exactly constitutes income, as meetings, training, and matches are all counted as being part of a player's earnings. Of course, this jock tax wasn't enforced until states took notice of the sums that many professional gamers were generating.
Streaming
Streaming on popular platforms, like Twitch or YouTube, represents a huge source of income for many professional gamers. As you might've guessed, this income is taxable as well. For example, Twitch automatically sends 1099 forms to both US and non-US residents, requiring them to pay up to 30% in tax for income over USD 600.
Taxable revenue includes advertising money, donations, and tips. You might be liable to believe that donations are tax-deductible. Since streaming donations are not considered traditional donations per se but part of your income, you're also required to pay taxes for them.
Salaries
A majority of professional eSports players are a part of a team or organization that pays out regular salaries. This income is, of course, taxable. The amount of taxes you need to pay depends on whether you're classified as an employee or an independent contractor, and the exact taxes vary from state to state. For players registered as employees, their employer is responsible for deducting all applicable taxes from their salaries. Independent contractors, on the other hand, have to file and pay taxes on their own
Sponsorships
There are several forms of interaction that can take place between players and sponsors. In situations where sponsors pay a certain amount of money to a player for them to sponsor their brand, VAT is applicable.
Various perks the players earn along the way, such as free merchandise, gear, and air miles, are also taxable. These benefits are taxed based on their fair market value.
In-app sales
This is more tailored to organizations and eSports companies than individual players. All in-app sales are subject to sales tax. However, not all states charge a sales tax on digital products, and therefore, it depends on where the organization is located.
Tips for Handling eSports Taxes
All of these taxes, coupled with the 'regular' ones we pay, can make your head spin. As such, the best advice we can give is for professional gamers to get a Certified Public Accountant or a lawyer specializing in eSports taxes. Many organizations already employ accountants tasked with helping their players handle taxes. While getting professionals to help you out will cost you a certain amount of money, it's definitely worth it considering the amount of time it takes to wrap your head around all the taxes you need to pay. Also, failure to pay all the taxes can lead to penalties or even jail time.
Additionally, eSports organizations might consider becoming C corporations, as they can receive significant tax deductions for some forms of foreign income such as viewership and in-app sales.
Conclusion
Once again, Benjamin Franklin's famous quote about death and taxes rings true. Whenever an industry gains recognition and increases its revenue streams, it also attracts tax authorities that regard it as a lucrative opportunity to fill state coffers. Similar to cryptocurrency activities, eSports attracted the ever-watchful eye of the IRS. The only thing left is for eSports players and organizations to make sure all their taxes are in order and avoid losing much more than a portion of their winnings.
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- October (9)
- » Financial Substance in Andorra - Part 1 of 2 - How And Why Did It Come About?
- » Financial Substance in Andorra - Part 2 of 2 - How To Comply With Substance In Andorra
- » CySEC: An Overview of the Cyprus Securities and Exchange Commission
- » Non-Residential Tax Returns in the UK
- » Time Is Running Out For Expats Behind on Taxes
- » GDPR WARNING: Why Not Shredding Your Data Could Cost Your Company Millions
- » Trust and Corporate Services Provider (TCSP) Licensing in Hong Kong
- » Cyprus: The Blockchain-friendly Island
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- September (18)
- » 10 Most Common Tax Return Mistakes To Avoid
- » Cryptocurrency and Taxes - What You Need to Know
- » Why Getting HK Tax Residency Certificate & How to Benefit?
- » Investment Funds in Cyprus - A Guide for Global Investors
- » Why Should I Care About The FTSE 100?
- » Asset Protection: Your Personal Insurance
- » Why Switzerland Is The Best Place To Establish A Business
- » New type of funds (Cyprus): The Registered AIF (RAIF)
- » Understanding New York Real Estate Taxes
- » What are Fixed Indexed Annuities?
- » Cyprus Citizenship by Investment
- » Forming and Operating a Fund in Cyprus: A Guide for Emerging Cyprus Fund Managers and Investors
- » Cryptocurrency - a wallet or exchange?
- » Start-Up Dilemma: Things to Consider When Looking for the Perfect Office Space for Your Business to Grow
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- » Estonia: Register of Beneficiaries in Force
- » Secure Crypto Currency to Physical Gold OTC Exchanges
- » Wolters Kluwer Tax Expert To Speak At Tax Reform Conference
- August (17)
- » Euro Exim Bank's Involvement with Blockchain Technology
- » Traditional Bank A/C Alternatives to Run Business
- » Iceland - Under The Radar Program
- » Launching an ICO through Cyprus
- » Is Your Significant Controllers Register (SCR) Ready?
- » 3 Simple Techniques For Contractors
- » Did you know that a $10K investment can get you a tax-free company and residency in Dubai ?
- » A Holistic Approach To Regulating Cryptocurrencies And Virtual Financial Assets In Malta
- » Quick overview of Seychelles Legal System
- » Seychelles Updates
- » Notional Interest Deduction (NID) Rules
- » Deduction For Transportation Cost Of Employees Rules
- » VAT Grouping Regulations
- » Malta Ahead Of The Game
- » Seychelles Tax treaties
- » Quick overview of Seychelles business tax
- » Gibraltar Budget 2018
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- » Just Announced: 100% Ownership for Dubai Entrepreneurs
- » Why Hong Kong is Your Essential Business Hub
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- » The How and Why: Redomiciling your Business in Singapore
- » GDPR - Key Aspects of the General Data Protection Regulation
- » Trademarks: What is the opposition process?
- » GDPR: What Do You Need To Know
- » Financial Advising: Accounting's New Look
- » Why register a trust in Cyprus?
- » How double taxation treaties work
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- » Pension for Life: An Achievable Dream
- » Partnerships in Canada: tax haven or undesirable misfortune?
- » Benefits of Setting Up a Shams Free Zone Company In the United Arab Emirates
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- » The Future of Global Taxation
- » Common Standard Of Automatic Exchange Of Information On Tax Matters
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- 2017
- December (7)
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- » Cryptocurrencies and the mainstream - bridging the gap to mass market adoption
- » Gibraltar - DLT Guidance Notes Published
- » The High Net Worth Individual Scheme
- » Middle East Faces Significant Challenges To International Business, Survey Finds
- » What impact will Brexit have on Gibraltar Cross-Border Mergers?
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- November (4)
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- » What you "token" about?
- » Legal "non-disclosure" overseas retirement planning
- » Why is it that more businesses blame poor results on currency movements?
- » Bitcoin Tax Strategies & Corporate Structures: Why Governments Worldwide are Scared of Bitcoin's Incredible Potential
- » Build an Offshore company in Hong Kong
- » Film Production Scheme to be introduced in Cyprus
- » ICO - the new way of fund raising for entrepreneurs
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- » Fear Fintech? Embrace Fintech
- » Publication of Guidance Notes related to Automatic Exchange of Financial Account Information by Cyprus Tax Department
- » Law Firms and Marketing Strategy
- » Why will accountants, financial advisers and registrars lose their jobs in coming years?
- » Register of Beneficiaries in Estonia
- » Bitcoin, ethereum, crypto currency and block chain - the next industrial revolution - the new gold - from barter to bitcoin
- » Why partnering with a currency broker is a win for you and your clients
- » BEPS - What is it? & What is the cost on Africa?
- May (6)
- » Caribbean Flourishing Due to Citizenship by Investment
- » The New Zealand "Foreign Trust" regime vs the USA "Foreign Trust" Regime
- » How does one legally avoid paying more than 5% in taxes? Move your business to Malta!
- » Guide to the benefits of owning company shares through a discretionary trust
- » Four jurisdictions to start a company in
- » Global Tax Trends And Impact On Offshore Jurisdictions
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- » Exactly which US expats have to file an IRS tax return?
- » The best citizenship by investment programs for 2017
- » Don't make these tax mistakes when you retire
- » How to get a Second Passport and Second Citizenship
- » Still the easiest place in the world to open an offshore bank account
- » Get second residency and pay no tax in these 19 tax-free countries
- » The fastest countries in the world to become a citizen
- » Cyprus introduces rules to implement Country by Country reporting requirements
- » Revised criteria for granting the Cypriot citizenship by investment
- » Potential Non-Dom Solutions: QNUPS
- » Tax Calendar 2017
- » Cyprus Investment Immigration Programmes
- » Reforms to the Taxation of UK Non-Domiciles
- » Potential Non-Dom Solutions: Trusts
- » Restarting the Clock: Residency Solutions for Non-Doms
- » Tax payers given rights to claim deemed deductions on Article 33
- » Declaration of an individual as a non-dom
- » Cyprus Tax Facts 2017
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- » The Corporate Governance Review - Cyprus 2016
- » Double Tax Treaty between Cyprus and Latvia signed
- » How Canada Taxes Real Estate Gains Of Non-Residents
- » Cyprus - Seychelles collaboration through the double taxation treaty
- » Eight Myths Regarding Being Non-Resident For Canadian Tax Purposes
- » Tax Issues for Non-Resident Actors & Entertainers in Canada
- » The Tax-Efficient Way For Foreign Corporations To Acquire Canadian Corporations
- » Why do online entrepreneurs need to structure their companies carefully?
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- 2014
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- » NEWSLETTER: THE NEW PENSION FLEXIBILITY FROM APRIL 2015: THE DETAIL EXPLAINED
- » NEWSLETTER: THE NEW PENSION DEATH TAXES FROM 6.4.15 EXPLAINED
- » NEWSLETTER: NEW CAPITAL ADEQUACY REQUIREMENTS FOR SIPP PROVIDERS AND UNREGULATED INVESTMENTS WITHIN SIPPS
- » QROPS BULLETIN - NOVEMBER 2014
- » Controlled Foreign Companies (CFC) legislation voted by the State Duma
- » Migrating the residence of the target company from Costa Rican jurisdiction raises tax consequences
- October (2)
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- June (9)
- » Banking in a Tax Haven isn't what it used to be!
- » Italian Tax Cuts
- » Part-Time Self-Employed Tax Submission
- » Life in the Sun: The Ease of Benefitting from Tax Residence in Malta
- » Cyprus Corporate Governance 2014
- » NEWSLETTER: HMRC tightening up on SSASs, unregulated product providers targeting PSLS, recycling issues, and an international pension conference
- » The Liability of Shareholders for the Tax Debts of a Company
- » Relief from Transfer Pricing for Controlled Foreign Companies
- » DFM Platform SIPP
- May (4)
- » The Dispute Resolution Review [Cyprus], Sixth Edition, Editor Jonathan Cotton
- » QROPS BULLETIN - MAY 2014
- » Malta Individual Investor Program - Facilitating Citizenship Through Investment in the Republic of Malta
- » NEWSLETTER: SIPP opportunities, new investment challenges for IFAs and delays in SSAS registration
- April (3)
- March (6)
- » Thin Capitalization in India
- » NEWSLETTER: Budget 2014: Important changes to pensions
- » QROPS BULLETIN - MARCH 2014
- » NEWSLETTER: Reallocation of assets/Beware if setting up a new scheme to beat the end of the tax year/UK pensions for non-UK residents
- » INSIGHT SIPP
- » Important Things about Home Insurance it is Imperative You Know
- February (8)
- » Murdoch and News Corp Receive $882m Australian Tax Rebate
- » Tom Perkins Believes that Taxes will lead to 'Economic Extinction' of the 1%
- » Weariness of Refund Fraud Heightens as Tax Season Returns
- » QROPS BULLETIN - FEBRUARY 2014
- » NEWSLETTER: CHANGES COMING INTO FORCE ON 6TH APRIL 2014
- » International Civil Fraud - Cyprus
- » New Online Pension Products And Services For Advisers
- » DFM Platform SIPP
- January (3)
- 2013
- December (1)
- November (6)
- October (6)
- » Seminar Invitation: QROPS/QNUPS/IHT Implications/New Platform/Fund Management and Online SIPP
- » Cyprus: Does the Boomerang Really Come Back Sometimes?
- » QROPS BULLETIN: OCTOBER 2013
- » The Importance of Planning
- » Why Malta?
- » NEWSLETTER: Protection update and more reasons why everyone needs to save more
- September (1)
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- June (6)
- » Incentives for Third Country Nationals to Invest in Cyprus - Significant Improvements
- » QROPS BULLETIN: JUNE 2013
- » Introducing the ACORN LITE SIPP for Regulated Investments & Bank Accounts
- » Inheritance Tax U-Turn: Expats Must Plan Ahead
- » Landmark Supreme Court Judgment on the Rights of Depositors
- » Newsletter - June 2013
- May (7)
- April (3)
- March (7)
- » Return to 120% of GAD and ensuring SSASs are properly run
- » QROPS for Financial Advisers QROPS Choice
- » Forming a company in Monaco
- » Increase in Minimum Annual Tax Burden in Luxembourg and Restructuring Solution
- » Announcing the Launch of an Isle of Man QNUPS
- » Monaco Residency - easy process?
- » Why consider Monaco?
- February (11)
- » UK Publishes Draft Legislation on Offshore Companies Which Own UK Property
- » New 'Approved Manager' Regulations for Hedge Funds
- » Announcing the Launch of a Guernsey QNUPS
- » Changing Gears - Investment Funds in the British Virgin Islands are Moving from Strength to Strength
- » Asset Tracing Recovery Tools in the BVI
- » Depardieu, taxes and untrodden paths
- » Why you Should Choose the BVI for your Fund
- » Fast and Simple in BVI
- » Guide to Incorporating Companies in the BVI
- » QROPS: An Overview of Jurisdictional Differences
- » QNUPS: An Overview of Jurisdictional Differences
- January (7)
- » New Modifications to the Commercial Code
- » QROPS BULLETIN: JANUARY
- » Why isn't offshore dying?
- » Laws part of the Memorandum agreed for financial assistance to be provided by the Troika voted by Cyprus Parliament
- » The Autumn Statement 2012
- » Dubai - Property ownership through company structures
- » Money Laundering
- 2012
- December (2)
- November (7)
- » The Cyprus International Trusts
- » Increase in minimum annual tax burden in Luxembourg
- » Panama's Banking Center Reports Almost 12% Growth in Assets
- » Why do business in Bulgaria?
- » Setting up an LLC in Dubai
- » BVI Law Holds Even Keel Between Rights of Investors and Rights of Mutual Funds
- » A CHOICE OF NEW SIPPS
- October (8)
- » Offshore Companies Owning UK Residential Property Need To Take Urgent Action
- » QROPS BULLETIN OCTOBER
- » Announcing the Launch of the QROPS TRANSIT SIPP
- » Unisex GAD rates and a new service for defined benefit schemes
- » Will Cyprus collapse?
- » ARBITRATION AS EXPEDITED OPTION FOR CONFLICT RESOLUTION
- » Incentives for third country nationals to invest in Cyprus
- » Insight SIPP For Sophisticated Investors
- September (6)
- » Property in SIPP/SSAS and Death Benefit Trap
- » QROPS Bulletin September
- » Panama - Training, Tax Deductible
- » NEWSLETTER: SIPP cash rates, Unisex GAD rates, annuity rates worsen even more - and opportunities for IFAs!
- » SIPP / SSAS: COMMERCIAL PROPERTY MATTERS
- » SIPP / SSAS: COMMERCIAL PROPERTY MATTERS
- August (12)
- » QROPS BULLETIN
- » NEWSLETTER: Warnings for SSASs and those with Enhanced/Fixed Protection, property and illiquidity issues and the true costs of pensions
- » Form a Singapore Company
- » Offshore Companies Owning Uk Residential Property Need To Take Urgent Action
- » U.S. Law Jeopardizes the Panamanian Banking Secrecy
- » The Professional's Toolkit Shelf Companies
- » Weathering the storm
- » Funds article for New Europe
- » Bearer shares: are their days numbered?
- » QROPS BULLETIN August
- » Incorporation In Hong Kong
- » A gateway to the booming Asian market
- July (3)
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- May (6)
- » Trusts & Foundations - The Best Tools for Giving...
- » NEWSLETTER: Pensions post 6.4.12 – the new Rules explained
- » Why you should consider Switzerland as part of your international tax planning arrangements?
- » A Different Style : VISTA Trusts 8 years later
- » Securities and investment business regulations in the British Virgin Islands
- » VAT Yacht Leasing Scheme
- March (4)
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- January (7)
- » Cyprus Hydrocarbons Exploration and Exploitation: the Legal Framework and Licensing for hydrocarbon reserves in Cyprus' Exclusive Economic Zone
- » Cyprus Investment Firms
- » Outward Investment from Canada - The Offshore Perspective
- » Trade Marks in Cyprus: Registration, Protection and Infringement of Trade Marks and Community Trade Marks in Cyprus
- » The Document Keeping Requirement
- » The Professional's Toolkit - Shelf Companies
- » International Financial Centre Profile
- 2011
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- » QROPS / QNUPS: Jurisdictional differences matter to Clients
- » Panama Pacifico: Gateway to the Americas
- » Income Tax Implications for Non-Residents Investing in Canadian Real Estate
- » QROPS Bulletin May 2011
- » QROPS Proposition: SIPP Specialists Hold a Unique Market Position
- » QROPS: Choice of Jurisdictions on Isle of Man
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