February 13, 2020

GSTR-5A Returns: Non-Resident OIDAR Service Provider| Eligibility | Due Date

GSTR- 5A form is documentation that contains details of the goods or services provided to an unregistered person inside India through Online Information and Database Access or Retrieval (OIDAR) by any person who is situated outside India. For e.g., an individual person, unregistered under GST, access database of any company located in China. Then, such service providers are liable to pay GST on services rendered through GSTR-5A.

Basically, OIDAR service providers fill the GSTR-5A by logging into the GST portal to get returns. Here, we are going to let you know about every single detail of filing GSTR-5A returns.

1. What is OIDAR Service?

OIDAR is a service that is provided by using the internet or any electronic network. Therefore, it requires minimum human intervention

E.g.

1. Advertisement on the internet
2. Cloud-based service
3. Access to e-books, e-music, software, etc.

2. GST Regulations on OIDAR Service Providers

OIDAR service providers, who are located outside taxable territory, need to file the GSTR-5A return for catering services to unregistered or non-taxable customers in India. Rational behind including only unregistered/non-taxable service recipient is as follows:

2.1. A. Service recipient: Registered person

Registered persons or businesses receiving service from outside India are liable to pay GST under reverse charge under “Import of Service”.
Therefore, the government collected taxes on such services via the reverse charge mechanism system.
Registered recipients are responsible to include such service in their turnover and are liable to pay GST on such amount under reverse charge mechanism as well as they need to file the returns accordingly.

2.2. B. Service recipient: Non-Taxable or Unregistered individual, State, District officials

When an unregistered person receives such services, the service distributors are liable to pay GST to the government. Hence, the service provider should file the GSTR-5A return.

Note: OIDAR service providers located in the taxable territory are liable to pay GST on their services under forwarding charge and they need to file their return in form GSTR-3B and GSTR-1.

3. What is the Last Date of Filing the GSTR-5A?

GSTR-5A needs to be filed within the 20th of the month next to the tax period, and to which the return is related to or the date may have to get extended by the Commissioner.

3.1. Details About Penalty In Case of Delaying in Filing the GSTR-5A

In case of any delay in filing the Form GSTR-5A, then there will be two late fees applicable-

Normal Return- Rs. 200 per day
NIL Return- Rs. 100 per day

Only the OIDAR service providers can file the GSTR-5A in the GST portal and they also need to be non-resident and rendering aids to unregistered dealers in India. Since, without a GSTIN, filing a GSTR-5A will not be possible, the person needs PAN also.

4. Crucial Things to Keep in Mind For GSTR-5A Filing

The OIDAR service providers need to keep the following points in mind:

A service provider cannot file GSTR-5A for the current tax period if he/she has not yet filed the return for the previous period.
Only after making full payments of taxes and other liabilities, one can file a GSTR-5A return.

An OIDAR services provider cannot claim for an ITC in GST-5A. So, no electronic credit ledger will be required to maintain for GSTR-5A.

4.1. Details required for non-resident OIDAR service providers to file GSTR-5A

The taxpayers need to follow certain rules and regulations while filing GSTR-5A, such as-

All the OIDAR service providers, who are liable to file the GSTR-5A, need to file GSTR-5A even if no business runs for a tax period. In these cases, any returning amount won’t be assigned to the provider.
The OIDAR service providers can claim the returns only after making payment of due taxes and other due amounts.
The taxpayer needs to register as an OIDAR service provider and a GSTIN holder.
Having a valid user ID and password to the GST Portal account is also mandatory.
A valid PAN-based signature is also required to have for filing DSC.

4.2. Information to be furnished in the GSTR-5A Form

Table 1:

The taxpayers have to provide their GSTIN here

Table 2:

The registered person should fill this field with his/her legal name and trade name if there is any

Table 3:

Here, put the name of the authorized representative who is filing the return

Table 4:

Mention the period in this field, i.e., Month and Year for which the return is claimed

Table 5:

Furnish the details of the taxable outward supplies that are made to customers in India; including place of supply, tax rate, taxable value, the integrated tax amount and cess

Table 5A:

Provide the details of the amendments to taxable outward supplies rendered to the non-taxable consumers of India for the preceding period.

Table 6:

Put the amount of calculation of interest, amount of penalty, and another amount which is payable

Table 7:

Taxpayers have to give the details of late fee, tax interest, and another amount which is payable or have already paid; in this field

It is mandatory to file the GSTR-5A return within the due date for all the non-resident taxable persons providing OIDAR service. So, if you are one of them then make sure to provide the correct information regarding your income and expenses to avoid any tax-related issues in the future. If you have any doubt, get in touch with the experts.

DISCLAIMER: The views expressed are strictly of the author and VJM & Associates LLP. The contents of this article are solely for informational purpose. It does not constitute professional advice or recommendation of firm. Neither the author nor firm and its affiliates accepts any liabilities for any loss or damage of any kind arising out of any information in this article nor for any actions taken in reliance thereon.

GST Check-list you need to tick as stepping in new Financial Year

Cross-empowerment is without jurisdiction in absence of any notification under GST Law

Supply to goods for Job Work, have you filed your ITC-04

RoDTEP benefit is extended to EOU, AA Holders and SEZ Units

Streamlining filing of appeal by Department before ITAT, High Court and Supreme Court| Circular No. 5/2024 dated 15th March, 2024

Judgements

Streamlining filing of appeal by Department before ITAT, High Court and Supreme Court| Circular No. 5/2024 dated 15th March, 2024

Appeal against order of any authority can be filed by the party aggrieved by the order, i.e., the Assessee or the Department. Filing of appeal involves lots of cost and effort and also takes up the time of the judicial authority. Assessee files appeal after considering various factors such as amount of pre-deposit required, amount involved in dispute, time factor etc. However, for department appeal the CBDT specifies a monetary limit, i.e., upto specified monetary limit, no appeal shall be filed by the department.

09/04/2024 No Comments

GST Check-list you need to tick as stepping in new Financial Year

News and Announcements

GST Check-list you need to tick as stepping in new Financial Year

As we are stepping into the new Financial year, there are various compliance requirements which a taxpayer is required to do with the changing year. Any non-compliance on part of the taxpayer can lead to major disallowances or withdrawal of benefits from the taxpayer.
This article list down check-list which a taxpayer is required to tick as they enter into new financial year:

09/04/2024 No Comments

Cross-empowerment is without jurisdiction in absence of any notification under GST Law

Judgements

Cross-empowerment is without jurisdiction in absence of any notification under GST Law

The Writ petition was filed to challenge the proceedings initiated against the taxpayer by the central authorities where the taxpayer is assigned to the State authorities and vice versa. The Petitioner contended that power of cross-empowerment was given under Model GST Law. However, GST Law enacted is different from the Model GST Law.

09/04/2024 No Comments