Before starting off with the article it is important for you to know what GSTR-5 is.
GSTR-5 is a type of GST Return that has to be filed by every registered NRTP (Non-resident taxable person. So this takes us to our next question that is who Non-resident taxable person is:
i) Who is a Non-Resident taxable person?
NRTP are those suppliers who have come in the India territory to carry a supply of good but does not have any business establishment in India. Every taxpayer who falls under this category is required to file GSTR-5. Now you must be thinking why GSTR-5 is important?
ii) Importance of GSTR-5
GSTR-5 is an important return under GST as it has every detail regarding all the inward and outward supplies. Moreover, this furnished details auto-populates the buyer’s GSTR-2A.
iii) Due-date for filing GSTR-5
According to the GST Act, the due date for filing GSTR-5 is 20th of every subsequent month or within 7 days from the date of registration expiry (as per Section 27).
Let us understand this with an example, the return for the month of January 2019 will be due on 20th February 2019.
Now, this takes us to the next question that when shall NRTP file GSTR-5 within 7 days of GST Registration expiry?
As per Section 27 of GST Act, a special GST Registration certificate will be issued to NRTP or CTP (Casual taxable person) that will be valid for either the specified period or 90 days from the effective registration date, whichever occurs before. So according to this section, the NRTP shall furnish the GSTR-5 within 7 days from the GST Registration expiry.
iv) Consequences for not filing or late filing GSTR-5
In case if NRTP does not file his GSTR-5 then he won’t be able to file his next GSTR-5 and if he late files it then he has to pay 18% interest on the outstanding tax amount and late filing fees of 50 INR per day. However, the late filing fees for nil return will be 20 INR per day. In addition to this, this late filing amount will not exceed 5,000 INR.
v) Details in GSTR-5 Form
As per GSTR-5 Form, there are 14 headings under it:
In this column, the NRTP has to furnish his GSTIN, in case if there is not GSTIN he shall mention the provisional ID.
2. Name of the Taxpayer and validity period of registration
These details of NRTP will get auto-populated.
In this heading, the NRTP has to furnish the details regarding the inputs and capital that are imported into India. The different column of this heading will include:
- Bill of Entry details
- GST Rate
- Taxable Value
- IGST and CESS Amount
- ITC available
Under this heading, the NRTP can amend the details related to the previous returns.
Moreover, the NRTP has a free hand to change the following details in this section:
- Details of B.O.E
- GST Rate
- Taxable amount
- IGST & CESS Amount
- ITC amount available
- Any differential ITC arising out of such changes
However, it shall be noted that the NRTP has to furnish the both original & revised Bill of Entry details.
Under this section of GSTR-5 form, the NRTP has to report all the outward supplies details including the outward supplies to UIN holder. Moreover, the taxpayer shall furnish State-wise IGST, CGST& SGST together with CESS.
Under this section of GSTR-5 Form, the NRTP has to disclose all the details regarding all the inter-state invoices whose values exceed the 2.5 Lakh INR limit.
In this section, Non-resident taxable person shall furnish the details regarding debit and credit note whose value does not exceed 2.5 Lakh INR limit.
Under this section, the taxpayer has to furnish the amended details of the previously stated invoices including debit notes/ credit notes.
In this section, the NRTP can amend the details regarding the outward taxable supplies that are furnished in the Table-7 of GSTR-5. The details will be bifurcated into two parts:
- Intra-state supplies
- Inter-state supplies
Under this heading, the taxpayer has to report the details regarding the total tax liability. This section of GSTR-5 Form contains two columns namely
- Table 10A: This column will contain the details regarding the sales
- Table 10B: In this column, the taxpayer will have to furnish the details regarding the additional tax liability arising due to the negative ITC amount mentioned in Table-4 of GSTR-5.
Under this section of GSTR-5, the taxpayer will have to report all the details regarding the actual tax paid as well as tax payable. Moreover, the remaining tax can be either adjusted against the ITC or he can pay the remaining balance in cash.
Under this heading, in the Form GSTR-5, the taxpayer has to furnish all the details regarding interest, late fees and any other amount payable or paid by him for late filing of GST return.
Under this heading, the NRTP has to provide the information regarding the refund claimed from electronic cash ledger under different head separately such as IGST, CGST/UTGST, SGST and CESS. In addition to this, he has to furnish the details regarding the bank in which he received that refund.
In this Part of GSTR-5 Form, the NRTP has to disclose the cash outflow details from e-cash or credit ledger for tax or interest payment.
Lastly, the GSTR-5 Form shall be signed by authorized signatory along with designation.
Note: Here the representative of NRTP is an authorized signatory who is not only an Indian citizen but also have a valid PAN.