GST SERIES – PART 29

1. Non-resident taxable person” means any person who occasionally undertakes transactions involving the supply of goods or services or both, whether as principal or agent or in any other capacity, but who has no fixed place of business or residence in India

2. Statutory Provisions :

Section  39(5) Every registered non-resident taxable person shall, for every calendar month furnish a return, electronically within twenty days after the end of a calendar month or within seven days after the last day of the period of registration specified under sub-section (1) of Section 27 whichever is earlier

 2.1  Specified Registration under section 27(1): A special certificate of registration issued to a casual taxable person or a non-resident taxable person. Such a person can make taxable supplies only after the issuance of the certificate of registration.

2.2 The certificate of registration issued to a casual taxable person or a non-resident taxable person shall be valid for the period specified in the application for registration or ninety days from the effective date of registration, whichever is earlier. In such a case, the NR must file GSTR-5 within 7 days after the last day of the period of registration.

3. Form and manner of submission of return by the non-resident taxable person

Rule        63 Every registered non-resident taxable person shall furnish a return in FORM GSTR 5 electronically through the common portal, either directly or through a Facilitation Centre notified by the Commissioner, including therein the details of outward supplies and inward supplies and shall pay the tax, interest, penalty, fees or any other amount payable under the Act or the provisions of this Chapter within twenty days after the end of a tax period or within seven days after the last day of the validity period of registration, whichever is earlier.

4. Due Date The due date to file GSTR-5 is every 20th of next month.

5. Contents of GSTR 5

Table 1 GSTIN
Table 2 (a) The legal name of the registered person Auto Populated
(b) Trade Name, if any
(c ) The validity period of registration

Table 3 – Inputs/Capital goods received from Overseas (Import of goods): A Non-Resident will only have import inward supplies (purchases). He must report inputs and capital goods imported into India. The details of the Bill of entry along with the rate of tax, IGST, cess paid, and amount of ITC available to be provided in Table 3.

Table 4 – Amendment in the details furnished in any earlier return: A Non Resident person can amend the following details in imports furnished in earlier returns:- (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 (the excess will be reversed and vice versa).Details of both the original & revised Bill of Entry must be provided in this Table.

Table 5 – Taxable outward supplies made to registered persons (including UIN holders): This Table contains invoice wise details of B2B sales in India including sales to UIN holders. The Details of IGST/CGST & SGST & Cess along with State must be provided in Table 5.

Table 6 –  Taxable outward inter-State supplies to un-registered persons where invoice value is more than Rs 2.5 lakh: Table 6 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.

Table 7 –  Taxable outward supplies to un-registered persons where invoice value is less than Rs 2.5 lakh. This Table will contain details of sales to unregistered dealers (B2C Others). where invoice value is less than Rs 2.5 Lakhs  Both intra-state and inter-State sales must be mentioned in Table 7. Intra-state sales can be mentioned in a consolidated summary whilst Inter-state sales must be mentioned state-wise.

Table 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. Amendments to invoices and debit & credit notes issued will also appear here. In the case of revisions, original details have to mention.

Table 9 –  Amendments to taxable outward supplies to unregistered persons furnished in returns for earlier tax periods in Table 7: This Table will contain changes in details of B2C sales of previous months which were originally disclosed in Table 7. Intra-state sales can be mentioned in a consolidated summary whilst Inter-state sales must be mentioned state-wise.

Table 10 – Total Tax Liability:-The total tax liability on account of outward supplies and due to reversal of ITC / any changes in the import of earlier months will be shown in this table.

Table 11 – Tax payable & Paid: The details of tax payment during the month indicating break up of IGST, CGST, SGST & Cess will be reflected in Table 11. The taxpayer can opt to pay through cash or use ITC for the purpose.

Table 12Interest, late fee and any other amount payable and paid: Interest, late fee, and any other amount payable and paid will be in Table 12 

Table 13 – Refund claimed from Electronic Cash Ledger: Table 13  will contain the details of all refunds received into Electronic Cash Ledger. There is a dropdown to select the bank account in which the NR wants to receive a refund.

Table 14 Debit entries in electronic cash/credit ledger: The debit entries in electronic cash ledger, i.e., cash outflow for payment of tax/interest/late fee will be populated in this Table after payment of tax and submissions of return.

6. Verification of Return: The return needs to be verified by the authorized signatory who is a representative of the NR and must be a person resident in India with a valid PAN.

The author can be approached at caanitabhadra@gmail.com

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