Government of India has introduced the Goods and Service Tax in the country’s business regime since 1st July 2017. Since the day of its inception, GST has changed the way businesses used to process in the country. Not only Indian but also non-resident suppliers do come under the regime. Registered Non-resident taxable suppliers are not only liable to register themselves under GST but also need to file GSTR-5 Form mandatorily.
1. Who Needs To File GSTR-5?
As previously said, non-resident taxable suppliers need to file the GSTR-5 form. A person who does not have a business establishment in India but supplies goods or services occasionally in the country can be counted as a Non-Resident taxable person. Such taxable person should not have any fixed place of business or residence in India. Apart from that, there are a few prerequisites of filing tax returns through GSTR-5.
Have a look below,
- A person, who has no fixed place of business or residence in India, who seldom undertakes transactions that include good or services supplies to a business organization or another registered person in India.
- Such persons need to register under GST
- Such a person mandatorily need to obtain registration under GST at least 5 days prior to the date of commencement of business.
- Due to the non-availability of PAN, non-resident taxable persons get a Unique Identification Number.
- The non-resident taxable person needs to make a number of expected tax debt as an advance deposit of tax for registration purposes
2. Essential Facts About GSTR-5
Here are a few important things to remember about the Form GSTR-5-
- The Form GSTR-5 is a recurrent revenue form
- The person should be a non-resident taxable taxpayer with no direct business entity in India or residence in India.
- As a taxpayer, the person requires to have a provisional certification under GST during the time period the person is carrying out his trade in India
3. Penalties in Case of No Filing
If you don’t file the return within the due date, you will have to pay interest and a late fee. The interest shall be 18% per annum. The late fee shall be Rs. 50 per day and Rs. 20 per day in case of NIL return. Also, the maximum late fees can be Rs. 5,000.
4. INFORMATION TO BE FURNISHED IN GSTR-5
4.1 Details required in table 1-2: details of taxpayers
- GSTIN: GSTIN refers to a 15-digit Goods and Services Taxpayer Identification Number that includes a 10-digit permanent account number, 2-digit state code, and 3-digit state.
- Legal name & trade name of the taxpayer: In this field, the name of the non-resident taxpayer who has a business establishment outside India should be provided. Post login, basic information will auto-populate.
- Validity Period: Gets an auto-population
- Month-Year: The taxpayer has to select the return filing period
4.2 Table 3 Details about imported goods
- Goods imported: Taxpayers need to mention details of goods imported from outside India. In this case, the taxpayers need to fill Bill of entry wise details of imported goods and corresponding ITC Claimed.
4.3 Table 4 is about Modification of details for imported goods (if any)
- If you have entered any incorrect information in Table-3 of earlier returns then Table-4 given you the option to correct such details.
- Correction shall be carried out Bill of entry wise.
- if there is any IGST rate change or a bill entry changes occur, that should be included here.
4.4 Table 5 includes B2B outward supplies
- Here, details of all sales made to registered persons are furnished.
- GSTIN Wise and Invoice wise details should be included in this section.
- IGST or CGST & SGST will auto-populate depending upon the place of supply of transaction.
4.5 In table 6, B2C Inter-state supplies details needed
- This head covers details with Inter-state supplies made to unregistered person where the value of Invoice exceeds Rs. 2.5 lakh.
4.6 Table 7, supplies sent to un unregistered person (does not include the services already mentioned above)
- Supply made to an unregistered person (B2C Supply) is included here.
- Rate wise figure is given of intra-state supply and inter-state supply for invoices less than INR 2.50 Lacs.
- Includes place of supply wise details for invoices, more than 2.50 lacs.
4.7 Table 8, Information of modification required for the B2B outward or B2C inter-state supplies
- In case of any changes required in the table-5 and table-6 filed in earlier returns, the details of the modification should be included in this section.
- Entire modification is made giving referent of the original invoice number.
4.8 Table 9, this head includes modification details to table 7
- Any modification required in table 7 about the supplies made to an unregistered person by a registered individual under 2.5 lakh, should include here.
- Post selecting period, system will auto-populate values filed earlier and then you can make the necessary amendment.
4.9 Table 10, total Tax liability
- The details regarding payable liability against IGST, CGST, and SGST should be included in this section.
4.10 Table 11, Total Tax Period
- Include the details regarding the total amount of tax payable and paid under GST, CGST, and SGST.
- This information will also auto-populate
4.11 Table 12, details regarding paid and payable interest and late fees
- This section is all about paid and payable interest and lates fees and any other payable amount under CGST, IGST, and SGST.
4.12 Table 13, detailed amount of refunds claimed
- This head gets auto-populated in case of details available regarding refunds claimed from Electronic Cash Ledger.
4.13 Table 14, Debit entries in electronic cash/credit ledger for tax/interest payable
- After paying the tax and submitting the return, this section will be auto-populated regarding the tax Debit entries and interest paid.
5. Frequently Asked Questions
5.1. Who Can Furnish the GSTR-5?
- Non-resident taxpayers can file the GSTR-5 return digitally by the government portal or they also can file it directly from the facilitation centre.
- Non-resident taxpayers refer to the foreign taxpayers who don’t have a marketing establishment inside India and he is here for a limited period of time to supply assets and aids.
- The taxpayer should not have a business establishment within the Indian territory
5.2. When to File Register GSTR-5?
- Every non-resident taxpayer shall file issue a return where the aspects of outward supplies and inward supplies will be included.
- These taxpayers have to pay the tax amount refund, bonus, fine, charges, and any other value that comes under the Act.
- All taxpayers need to file the return by every 20th of the next month. However, in case of completion of the validity period of registration, return should be filed They can also file the return within seven days after the registration was done.
5.3. Why is GSTR-5 important?
The GSTR-5 return contains all the details of the supplies made by a non-resident (NR) person that also includes details of sales & purchases.
5.4. When is GSTR-5 Due?
According to the act, every non-resident taxable person shall furnish the return on every 20th of next month. For example, the return of November 2019 will be due on the 20th of December 2019. However, the tax department can also extend the date if needed.
5.5. What if the Non-Resident is Registered u/s 27?
The registration is temporary and shall be valid after 90 days from the effective date of registration. In that case, such taxpayers can only and must file a return within 7 days of the date of registration.
5.6. What Happens if One Does not File the GSTR-5?
If one does not file the GSTR-5, then he/she cannot file the next return as well. Thus, the late filing of the form also leads to cause penalties and fees.
5.7. What happens if GSTR-5 is filed late?
If you don’t file the return within the due date, you will have to pay interest and a late fee. The interest shall be 18% per annum. The late fee shall be Rs. 50 per day and Rs. 20 per day in case of NIL return. Also, the maximum late fees can be Rs. 5,000.
6. Conclusion
In the GSTR-5, you need to add all the details regarding your supplies and Input tax credit availed on purchases along with credit and debit card notes that you use for your business transactions. To avoid any future conflicts regarding reporting in this form, you should file the return within the given deadline.
Read more: Must-Know Facts About GSTR-3B
