GSTR-5

GSTR-5 is the return to be filed by non-resident foreign taxpayers, who are registered under GST and carry out business transactions in India. The return contains details of all outward supplies made, inward supplies received, credit/debit notes, tax liability and taxes paid.

The GSTR-5 return is to be filed monthly for each month that the taxpayer is registered under GST in India.

Due Dates of Filing GST Returns

These returns are as per the CGST Act*

GSTR-5: For Non Residents- Return Filing

1. What is GSTR-5?

Every registered non-resident taxable person is required to furnish a return in GSTR-5 in GST Portal.

2. Who is a Non-Resident Foreign Taxpayer?

Non-Resident foreign 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 a person is required to furnish details of all taxable supplies in GSTR-5

3. Why is GSTR-5 important?

It will contain all business details for non-resident (NR) including the details of sales & purchases.

Information from GSTR-5 will flow into GSTR-2 of buyers.

4. When is GSTR-5 due?

As per the GST Act, due date to file GSTR-5 is every 20th of next month.

For instance, the return of September 2018 will be due on 20th October 2018.

5. If the Non-Resident is registered u/s 27

This is a special certificate of registration issued to a casual taxable person or a non-resident taxable person. The registration is of a temporary nature and is valid for the period specified in the application or 90 days from the effective date of registration, whichever is earlier.

Such a person can make taxable supplies only after the issuance of the certificate of registration

In such a case, the NR must file GSTR-5 within 7 days after the last day of the period of registration.

6. What happens if GSTR-5 is not filed?

If GSTR-5 return is not filed then the next month’s return cannot be filed. Hence, late filing of GST return will have a cascading effect leading to heavy fines and penalty.

7. What happens if GSTR-5 is filed late?

If you delay in filing, you will be liable to pay interest and a late fee.

Interest is 18% per annum. It has to be calculated by the taxpayer on the amount of outstanding tax to be paid. The time period will be from the next day of filing (21st of the month) to the date of payment.

A late fee is Rs. 50 per day and Rs. 20 per day if a nil return. The maximum late fees is Rs. 5,000.

8. Details to be provided in GSTR-5

There are some headings in GSTR-5 format prescribed by the government.

We have explained some heading along with the details required to be reported under GSTR-5.

a.GSTIN

Provide your GSTIN. Provisional ID can also be used as GSTIN if you do not have

b. Name of the Taxpayer

Name of the taxpayer including legal and trade name (will be auto-populated)

Validity period of registration– The validity period will also be auto-populated.

Month, Year – Mention the relevant month and year for which GSTR-5 is being filed.

c. Inputs/Capital goods received from Overseas (Import of goods)

The NR 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 NR will only have import inward supplies (purchases).