How is an app & game studios business taxed across borders?

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Answer

App-store revenue arrives net of platform fees and sometimes net of foreign tax, and in-app purchase taxation follows the player's location rather than the studio's. The first foreign obligation in this sector is rarely income tax, which is why it is discovered late.

The rule for this sector

App-store revenue arrives net of platform fees and sometimes net of foreign tax, and in-app purchase taxation follows the player's location rather than the studio's.

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When it does not bind you

Our platform payouts are net of taxes we cannot identify.

How is an app & game studios business taxed across borders?
ItemAmount
Value at vestC$53,000
Vesting period (months)37
Months worked in the first country14
Months worked in the second country23
Apportioned to the first countryC$20,054
Apportioned to the second countryC$32,946

Two countries tax slices of one gain: C$20,054 and C$32,946 on this apportionment. Where their taxing points differ — grant, vest, exercise or sale — the credit can arrive in a year the other country is no longer taxing, which is the mismatch to plan around.

The figures here are an illustration, not an engagement: amounts are picked so the mechanism is easy to follow, and every rate or threshold is an assumption of the example. Before anything is filed for you, each one is confirmed with the issuing authority for your own tax year.

What to do next

The full treatment — who it binds, the deadline, the penalty and the fixed fee — is on Cross-border tax for app & game studios. Bring last year's returns and we will tell you what is missing.

Checked and signed off for the 2025 and 2026 filing seasons by Udit Gupta, Cross-Border Tax Expert, Legal Quotient Consultants. This is general information rather than advice about your file — a short call is the way to get the second.

International tax planning for technology businesses — what this page covers

People reach this page searching for international tax planning for technology businesses. It is covered here as it applies to app & game studios — who it applies to, what has to be filed, and what it costs, at a fixed fee agreed before the work starts.

Cross-border tax case studies

Case study 1

Separating commission tax and withholding in platform payouts

The studio had booked every platform deposit as revenue, so the accounts showed neither the commission nor the tax deducted before payment. We took the detailed platform reports for the period, split gross player spend from the commission, the indirect tax accounted for by the platform and the amounts withheld in particular territories, then agreed the remainder to the bank. The engagement produced restated revenue for the period under review, an identified pool of withholding that could be pursued, and a reconciliation template the studio's bookkeeper now completes each period.

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Case study 2

Foreign withholding on payouts claimed with proper evidence

A territory had been deducting tax from the studio's payouts for several periods. The studio knew money was missing but had recorded it as a platform fee. We identified the deduction from the platform's statements, established what it was under that territory's rules, obtained the records needed to support a claim, and prepared it. The engagement produced the evidence file, a claim for the years still open, and a note of the earlier year that had passed out of time, which was reported to the directors rather than quietly dropped.

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Case study 3

A long-standing contractor treated as an employee abroad

An artist had worked full time for the studio for years under a contractor agreement, in a country where the studio had no presence. That country's authority took the view that the relationship was employment. We reviewed the engagement against the local tests, advised on the position the studio could realistically defend, and handled the registration and the arrears. The engagement produced a payroll registration in that country, the back filings, and a review of every other long-standing engagement so the studio knows which ones carry the same question.

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Case study 4

Player location data used to test each territory in turn

The studio filed in one country and had players in many. Nobody had compared the territories the platform accounts for against the territories the studio actually sells into. We took the platform reports by territory rather than as a global total, matched them against what each platform states it handles, and tested the remainder against each territory's own registration rule. The engagement produced a territory schedule with a conclusion for each, a registration where the test was met, and a quarterly report the studio runs from the same platform data.

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Case study 5

Revenue share with a publisher characterised for both sides

The studio received a share of revenue collected by a publisher in another country, and the publisher had begun deducting tax from it. The agreement did not say what the payment was, whether a share of profit, a licence fee or a service fee, and the characterisation drove the treatment. We analysed the arrangement against both the agreement and the conduct, and set out the position the studio could support. The engagement produced a written characterisation, an approach to the publisher for the deduction records, and amended wording adopted at the next renewal.

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Case study 6

Back filings after an indirect tax obligation came to light

In-app purchases in one territory had never been accounted for, because the studio assumed the platform covered every market as it did elsewhere. It did not cover that one. We established when sales in the territory began, tested the local rule, and approached the authority with a registration dated to the day the obligation started. The engagement produced back filings for every period since that date, a quantified liability the directors could plan for, and a check of each remaining territory in the platform's reports against the same question.

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Case study 7

A US LLC Owned by a Canadian, Taxed Twice by Design

The two countries classify an LLC differently, so the credit relief that ought to apply frequently does not. The engagement looks at whether the structure can be changed, and where it cannot, at how to make the credit work.

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Case study 8

Residency Changed Mid-Year and Both Returns Assumed a Full One

A move part-way through a year produces two part-year positions, not two full ones. The engagement establishes the date residence actually changed, allocates income either side of it, and amends whichever return was filed on the wrong footing.

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All case studies — every published engagement in one place.

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App & game studios — the questions that follow

Why is our app store payout less than what players paid?

Two kinds of deduction usually sit between those figures. The first is the platform's own commission, which is a commercial charge. The second is tax: the platform may have accounted for indirect tax on the player's purchase in the player's country, and in some territories it may also have deducted withholding tax from the amount it pays you. Only one of those is potentially recoverable by you. The platform's financial reports separate them if you open the detailed report rather than the summary, and you need that split both to book revenue correctly and to claim any foreign tax. Start from the detailed statement, never from the bank deposit.

Do we owe tax where our players are or where we are?

Both questions have answers, and they are not the same answer. Your profits are taxed where the studio is established, and potentially in any other country where your activity gives that country a claim. Indirect tax on an in-app purchase is generally owed where the player bought it, which is why the platforms have built collection into their storefronts for many territories. The point to check is which territories your platform accounts for and which it leaves to you, because that division differs by platform and changes over time. Where the platform does not account for it, the obligation has not disappeared.

Can we reclaim tax the platform deducted from our payout?

Only if you can identify what it was. A deduction described as withholding tax in a particular territory may be creditable at home or reducible under a treaty, and both routes need evidence: the platform's statement showing the deduction, and usually a certificate or equivalent record. A deduction that is in fact indirect tax accounted for on the player's purchase is not yours to reclaim at all, because it was never your money. Studios lose this by booking the net deposit as revenue and never opening the statement. Separate the lines first, then deal with the withholding on its own, in the year it arose.

Are our overseas contractors really employees for tax purposes?

That is decided by the country where the person works, on its own tests, and not by the words in your agreement. Studios build teams this way because it is quick, and the arrangement often continues for years with one person working full time for one studio under a contractor label. The tests commonly look at control, integration into the team, who provides the tools, and whether the person can in practice work for others. Where the answer comes back as employment, the studio usually faces payroll registration and arrears in that country. Review the longest-standing engagements first, because they carry the most exposure.

Do in-app purchases need us to register for tax abroad?

In some territories yes, and in others the platform handles it. The obligation follows the player's location, so the relevant list is the territories your players are in, checked against what your platform states it accounts for in each. Anything the platform does not cover falls back to you, and the local registration test then applies to your sales there. This is a data exercise before it is a tax one. You need player-location figures on the basis each territory measures, which the platform reports will give you if you take them by territory rather than as a global total.

How do we reconcile platform reports to our own accounts?

By recording gross player spend, the platform commission, any indirect tax the platform accounted for and any withholding it deducted as separate figures, then agreeing the remainder to the bank. Most studios book the deposit and stop there, which means the accounts understate revenue, hide the commission entirely and lose every foreign tax deduction that might have been claimable. Take the detailed report each period, map its columns once to your ledger codes, and have the reconciliation done by whoever prepares the management accounts. The first time is slow. After that it is routine, and it makes the tax questions answerable.

What does "RIC" mean on my foreign tax paid statement?

Registered Investment Company — a US mutual fund or ETF. When a fund holds securities from many countries it may report the foreign tax it paid on your behalf without breaking it down by country, using RIC as the country label. You are allowed to use it that way on Form 1116 for that income, which saves you reconstructing a country-by-country split you have no way of knowing. See Form 1116.

How do I actually stop being taxed twice?

In this order. Fix your residence under each country's own rules, and if both claim you, apply the treaty tie-breaker. Identify where each type of income is sourced. Read the article that covers that income type, because it decides who taxes and at what maximum rate. Then claim the relief on the residence-country return, with proof of the foreign tax. Most of the tax people lose to double taxation is lost at the last step, not the first. See how double taxation is relieved.

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