2019-07-30 15:35:57GST CenterEnglishA Non - Resident Taxable Person files return in form GSTR 5 for every calendar month. This return includes details pertaining to supplies &...https://quickbooks.intuit.com/in/resources/in_qrc/uploads/2019/07/A-laptop-showcasing-the-letters-GST-indicating-that-the-tax-returns-including-GSTR-5-can-be-filed-online.jpghttps://quickbooks.intuit.com/in/resources/gst-center/form-gstr-5/Form GSTR 5: Filing, Due Date and Format

Form GSTR 5: Filing, Due Date and Format

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Every normal registered person is required to furnish details of:

  • outward supplies of both goods and services in Form GSTR 1;
  • inward supplies of goods and services in Form GSTR 2 and
  • a monthly return of inward supplies, outward supplies, Input Tax Credit (ITC) availed, tax payable, tax paid etc in Form GSTR 3/GSTR 3B

However, there are a special category of persons who are not required to file the basic returns in form GSTR 1, 2 and 3. But, these persons are required to file a simplified return as may be prescribed. These persons include:

  • Input Service Distributors (ISDs)
  • Persons paying tax under Composition Scheme
  • Supplier of Online Information and Database Access or Retrieval Services (OIDARs)
  • Persons deducting Tax at Source under Section 51
  • Non Resident Taxable Persons
  • Persons collecting Tax at Source, that is an electronic commerce operator not acting as an agent under section 52

This article talks about the returns to be filed by a non – resident taxable person. Typically, a Non – Resident Taxable Person files his return in Form GSTR 5, unlike the normal registered taxpayer. So let’s understand who is a Non – Resident Taxable Person and how he needs to file his return.

Who is a Non – Resident Taxable Person?

A Non – Resident Taxable Person means a person who supplies goods or services occasionally. This person does not have a fixed place of business or residence in India. Moreover, he can supply goods or services either as a principal or an agent or in any other capacity.

Furthermore, a Non – Resident Taxable Person has to get himself registered necessarily in order to make a taxable supply in India. Thus, he needs to apply for registration at least five days prior to commencing his business in India in Form GST REG 09. This application needs to be filed electronically along with a self attested copy of his valid passport. Such a person need not have a PAN in India.

What is Form GSTR 5?

A Non – Resident Taxable Person files a simplified return in form GSTR 5 for every calendar month. This return includes details pertaining to:

  • inward supplies
  • outward supplies
  • any interest, penalty, fees
  • tax payable or tax paid or
  • any other amount payable under the act

Thus a Non – Resident Taxable Person is not required to file annual return. He just needs to file a monthly return in form GSTR 5. This return can be filed either electronically through a common portal or Facilitation Centre notified by the commissioner.

What is the Due Date to File GSTR 5?

The details in GSTR 5 need to be filed within a time period that is earlier of within:

  • 20 days after the end of the calendar month or
  • 7 days after the last date of validity of the registration

What is the Validity Period of Registration for a Non – Resident Taxable Person?

Non – Resident Taxable Persons are registered only for a temporary period of time. This is because they do not have a business establishment in India. Furthermore, they come for a short period of time to do business in India. Therefore, the registration certificate given to a Non – Resident Taxable Person is valid only for the period which is the earlier of:

  • the one specified in the application of registration or
  • ninety days from the effective date of registration

Furthermore, a Non – Resident Taxable Person can extend the period of registration through form GST REG 11. And the validity period of 90 days can be further extended by a period not exceeding 90 days.

Payment of Tax by a Non – Resident Taxable Person

A Non – Resident Taxable Person needs to make advance payment of tax. The amount of tax to be paid is equivalent to his estimated tax liability for the period for which registration is taken.

Now, the amount of advance tax deposited by a Non – resident Taxable Person gets refunded. However, this refund is given only after he has furnished all the returns for the period for which the registration is granted to him.

Late Filing of GSTR 5

A Non – Resident Taxable Person is liable to pay a late fee and interest if he makes a delay in filing GSTR 5 or payment of tax. A late fee of Rs. 50 per day is levied for each day of the period during which failure to furnish such a return continues. However, a late fee of Rs. 20 is charged if the return to be filed is a Nil return.

Furthermore, the maximum amount of penalty that can be imposed shall not exceed Rs. 5000. Also, a Non – Resident Taxable Person needs to pay an interest of 18% per annum on the amount of outstanding tax. The time period considered for the payment of interest shall be taken from the 21st day of the month till the date of payment.

GSTR 5 Contents

Part I: GSTIN

In this part, a Non – Resident Taxable Person needs to provide his Goods and Services Tax Identification Number (GSTIN). It’s a 15 digit PAN based number given to every registered person state wise under GST.

Part II: Other Basic Details

This section contains other basic details apart from GSTIN. These details are as follows:

  • legal name, that is the name by which a person is known with reference to a statute
  • trade name, that is a name used by trade and industry to identify a business
  • validity period of registration

All these details are auto populated. This is because all the basic details are already given when a Non – Resident Taxable Person registers on the GST portal.

Part III: Inputs/Capital goods Received from Overseas (Import of goods)

A Non – Resident Taxable Person needs to furnish the details of all the imports made by him into India including inputs and capital goods. These details are mentioned in Table 3 of Form GSTR 5. Such details are furnished bill of entry wise along with other details including:

  • the rate of integrated tax applicable
  • taxable value of goods and services imported
  • amount of integrated tax and CESS payable and
  • ITC eligible on import of goods or services

Part IV: Amendment in the Details Furnished in any Earlier Return

Table 4 consists of details pertaining to the amendment of import of goods. These imported goods pertain to previous tax periods for which returns have been filed already. This means that Non – resident Taxable person can make changes to the details of the imported goods furnished in earlier returns in this table. Thus, this table contains both the original and revised details of Bills of Entry pertaining to the earlier periods along with other details including:

  • the rate of integrated tax applicable
  • taxable value of goods and services imported
  • amount of integrated tax and cess payable and
  • ITC eligible on import of goods or services
  • differential ITC

Part V: Taxable Outward Supplies Made to Registered Persons (including UIN Holders)

This section contains invoice wise details of outward supplies made to registered persons whether inter or intra state ( that is B2B sales) in India. Furthermore, these sales also include the sales made to the UIN (Unique Identification Number) holders. UIN is a special class of GST registration given to foreign diplomatic organizations and embassies. These organizations are not liable to pay tax in Indian territory. And any amount of tax collected from these organizations is refunded back to them.

Furthermore, this table also contains the following details apart from invoice wise details:

  • rate of tax applicable (SGST/CGST/IGST)
  • taxable value of goods and services supplied
  • amount of IGST, CGST, SGST and CESS payable and
  • place of supply that is the name of a state or union territory where such supplies are made

Part VI: Taxable Outward Inter-State supplies to Unregistered Persons where Invoice Value is More than Rs 2.5 lakh

Table VI contains invoice wise details of inter state supplies made to unregistered persons. However, the invoice value of these supplies is greater than Rs. 2.5 lakhs. This means that such sales pertain to the invoice wise details of large B2C sales made by a Non – resident Taxable Person. This section also contains the following details apart from the invoice wise details of outward supplies:

  • place o f supply, that is the name of state or UT where a Non – resident Taxable Person makes such B2B supplies
  • rate of integrated tax applicable
  • taxable value of such outward supplies
  • amount of integrated supplies and CESS payable

Part VII: Taxable Supplies (Net of Debit Notes and Credit Notes) to Unregistered Persons other than the Supplies Mentioned at Table 6

Table 7 contains details of outward supplies (whether inter or intra state) made to unregistered persons that is B2C supplies. This table has two parts – 7A and 7B.

7A gives consolidated rate wise summary of outward supplies. Whereas, Part 7B mentions the inter state supplies where the value of invoice is upto Rs. 2.5 lakhs.

However, these sales are mentioned state wise along with name of state where such supplies are made.

Part VIII: Amendments to Taxable Outward Supply Details Furnished in Returns for Earlier Tax Periods in Table 5 and 6 [including Debit Note/Credit Notes and Amendments Thereof]

Table 8 contains the details related to any changes or amendments made in B2B and B2C outward supplies made in the previous tax periods. Thus, these changes are in respect of:

  • B2B outward supplies declared in previous tax periods. These details are mentioned in 8A.
  • B2C inter state invoices furnished in the previous tax periods. The value of such invoices is more than Rs. 2.5 lakhs. These details are also mentioned in part 8A.
  • Original debit notes and credit notes issued during the month. These details are given in part 8B.
  • Amendments to debit and credit notes issued in the earlier tax periods. These details are mentioned in part 8C.

Part IX: Amendments to Taxable Outward Supplies to Unregistered Persons Furnished in Returns for Earlier Tax Periods in Table 7

This table contains details regarding amendments to taxable supplies mentioned in Table 7. This table has two parts – 9A and 9B.

9A contains the details of revised intra state outward supplies. And these supplies are mentioned rate wise. Whereas, part 9B contains details of inter state outward supplies having an invoice value of up to Rs. 2.50 lakhs.

Part X: Total Tax Liability

This section contains two parts. Part 10A contains details of total tax liability on account of outward supplies declared in the current tax period. And part B contains details of negative ITC as a result of amendments to import of goods in the current tax period. This means it contains details of additional tax to be paid on account of reversal of ITC. This is due to changes made in any imports pertaining to the earlier tax periods.

Part XI: Tax Payable and Paid

Table 11 contains details pertaining to the amount of tax a Non Resident Taxable Person actually has to pay during the month. Furthermore, the total tax a Non Resident Taxable Person has to pay is bifurcated into IGST, CGST, SGST/UTGST and CESS. Also, the Non Resident Taxable Person can opt to pay the tax either in cash or by utilizing ITC.

Part XII: Interest, Late Fee and any other Amount Payable and Paid

This table contains details regarding interest and late fee on account of late filing of return. Thus, this table has two parts to show the interest and late fee details. The first part shows interest on account of late payment of IGST, CGST, SGST, UTGST or cess. And part two relates to late fee on account of late payment of CGST and SGST or UTGST.

Furthermore, this table showcases the amount of interest and late fee payable and paid into separate columns.

Part XIII: Refund Claimed from Electronic Cash Ledger

This table contains details of all the refunds that a Non Resident Taxable person can claim from Electronic Cash Ledger. Furthermore, it also contains a drop down where a Non Resident Taxable Person can select a bank account in which he wants to receive such a refund.

Part XIV: Debit Entries in Electronic Cash/Credit Ledger for Tax/Interest Payment [To be Populated After Payment of Tax and Submissions of Return]

This table contains details of the debit entries in electronic cash or credit ledger. This means it shows the amount of cash paid towards tax, interest and late fees. And it also shows the amount of ITC utilized to pay such taxes.

In the end, the return is verified by an authorized signatory. This authorized signatory must be a resident in India having a valid PAN number and who acts on behalf of the Non – Resident Taxable Person.

Information may be abridged and therefore incomplete. This document/information does not constitute, and should not be considered a substitute for, legal or financial advice. Each financial situation is different, the advice provided is intended to be general. Please contact your financial or legal advisors for information specific to your situation.

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