Section 23 | Value of supplies involving relevant machine games ^F1

(1)If a person plays a relevant machine game, then for the purposes of VAT the amount paid by the person is to be treated as consideration for a supply of services to that person.

(2)“Relevant machine game” is defined in section 23A.

(3)The value to be taken as the value of supplies made by a person (“the supplier”) in the circumstances mentioned in subsection (1) in any period is to be determined as if the consideration for the supplies were reduced by an amount equal to X.

(4)X is the amount (if any) paid out in that period by way of winnings in respect of relevant machine games made available by the supplier (whether the games were played in the same period or an earlier one).

(5)X does not include any winnings paid out to the supplier or a person acting on the supplier's behalf.

(6)Inserting a token into a machine on which a relevant machine game is played is to be treated for the purposes of subsection (1) as the payment of an amount equal to that for which the token can be obtained.

(7)Providing a specified kind of token by way of winnings is to be treated for the purposes of subsection (4) as the payment out of an amount by way of winnings equal to the value of the token.

(8)A specified kind of token is—

(a)a token that can be inserted into the same machine to enable games to be played on the machine, or

(b)a token that is not of such a kind but can be exchanged for money.

(9)The value of a specified kind of token is—

(a)for a token within subsection (8)(a), an amount equal to that for which the token can be obtained, and

(b)for a token within subsection (8)(b), an amount equal to that for which the token can be exchanged.

(10)If it is not reasonably practicable to attribute payments and winnings to relevant machine games or to apportion them between relevant machine games and other games or other activities, any attribution or apportionment is to be done on a just and reasonable basis.

(11)For the purposes of this section, a person plays a game if the person participates in the game—

(a)whether or not there are other participants in the game, and

(b)whether or not a computer generates images or data taken to represent the actions of other participants in the game.