The window to file GSTR 5 is now available at GST Portal. This is a return to be filled by Every registered non-resident taxable person. Non-Resident taxpayers are those suppliers who do not have a business establishment in India and have come for a short period to make supplies in India. Such person is required to furnish details of all taxable supplies in GSTR-5.
The GSTR 5 return of non resident taxpayers will contain all business details for non-resident (NR) including the details of sales & purchases. And the information fed in the GSTR 5 return of Non resident supplier will flow into GSTR 2 of the buyer. And the due date fixed for filing this return is fixed to be as 20th of the following month for which GST is assessed. However the due dates were amended vide notification again and the due dates for July to December was extended to 31st Jan 2018.
Prerequisite for being called a Non Resident taxpayer and file GSTR 5 return : In-order to file the GSTR-5:
- You have to be a non-resident foreign taxpayer who does not have a business establishment in India.
- You need a temporary registration under GST for the period during which you will carry out business in India.
What should be filed in GSTR 5 Form : I have tabulated here all the 14 sections of GSTR 5 return which an non resident taxpayer must fill. They are.
| Sections of GSTR 5 Return | Contents it holds | |
| 1. | GSTIN | Provide your GSTIN. Provisional id can also be used as GSTIN if you do not have |
| 2. | Name of the Taxpayer | Name of the taxpayer including legal and trade name, validity period of registration (will be auto-populated) one just need to mention the relevant month and year for which GSTR-5 is being filed. |
| 3. | Inputs/Capital goods received from Overseas (Import of goods) |
The Non Resident must report inputs and capital goods imported into India. Details of Bill of entry along with rate of tax, IGST, cess paid and amount of ITC available. Note : A Non Resident will only have import inward supplies (purchases) to file in his GST return. |
| 4. | Amendment in the details furnished in any earlier return | In this section, the Non Resident taxpayer can change any details in imports furnished in earlier returns in the following fields (a) Bill of entry ; (b) Rate of IGST ; (c) Taxable value; (d) Amount of IGST & Cess; (e) Amount of ITC now available; (f) Differential amount of ITC (if excess will be reversed and vice versa) |
| 5. | Outward taxable supplies made to registered persons (including UIN holders) | This heading will contain invoice wise details of B2B sales in India including sales to UIN holders. Details of IGST/CGST & SGST & Cess along with State must be given. |
| 6. | Taxable outward inter-State supplies to unregistered persons where invoice value is more than Rs 2.5 lakh | This heading will contain all details of B2C large sales, i.e., inter-state sales (where invoice value is greater than Rs.2.5 lakhs) to unregistered persons |
| 7. | GST supplies taxable (net of debit notes and credit notes) to unregistered persons other than the supplies mentioned at Table 6 | This will contain details of sales to unregistered dealers (B2C Others). Every intra-state and inter-State sales less than 2.5 lakhs must be mentioned.Intra-state sales can be mentioned in a consolidated summary. Inter-state sales must be mentioned state-wise. |
| 8. | 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] | This heading will contain any changes in details of B2B and B2C large of previous months. Original debit notes and credit notes issued during the month will be furnished here. Revision to invoices and debit & credit notes issued will also appear here. In case of revisions, original details have to mentioned. |
| 9. | Amendments to taxable outward supplies to unregistered persons furnished in returns for Earlier tax periods in Table 7 |
This heading will show the total tax liability.
|
| 10. | GST payable and paid |
This heading will have the details of tax you are actually paying during the month. Breakup of IGST, CGST, SGST & Cess will be shown. The taxpayer can opt to pay through cash or use ITC. |
| 11. | late fee, Interest and any other amount payable and paid | This heading will contain details of interest and late fee due and actually paid on account of late filing of return. |
| 12. | Refund claimed from electronic cash ledger | This heading will contain the details of all refunds received into electronic cash ledger. You can select the bank account the NR wants to receive the refund from the drop down list. |
| 13. | Debit entries in electronic cash/credit ledger for tax/interest payment [to be populated after payment of tax and submissions of return] | This will show the debit entries in electronic cash ledger, thereby showing all cash outflows for payment of tax/interest/late fee. It is populated after payment of tax and submissions of return. |
Finally, the return is verified by the authorized signatory. Authorized signatory is a representative of the NR and must be a person resident in India with a valid PAN.
What happens when you don’t file your GSTR 5 Return on due date : If GSTR-5 return is not filed then the next month’s return cannot be filed. Hence, late filing of GST returns will have a cascading effect leading to heavy fines and penalty. So to avoid interest and penalties it is always good to file GST returns on or before the due dates.
