What is GSTR-5?
The GSTR-5 form is a monthly return form required to be furnished by every registered non-resident taxable person at the GST Portal. Non-resident taxable persons are those suppliers, who do not have a business establishment in India and have come to India for a short period of time to make supplies.
When is the GSTR-5 last date?
Before we understand when is the GSTR-5 due date, we need to understand the concept of registration for the non-resident foreign taxable person.
Under Section 27 of the GST rules, a special certificate of registration is issued to a non-resident taxable person. The registration is a temporary one and is valid for the period specified in the application, or 90 days from the effective date of registration, whichever is earlier. Thus, such a person can make taxable supplies only after the issuance of the certificate of registration.
Thus a non-resident taxable person, registered as such is required to file a GSTR-5 form:
- By the 20th of the succeeding month
- Within 7 days from the last day of the period of registration
What if GSTR-5 filing is not done?
If the GSTR-5 return filing is not done, then the next month’s return cannot be filed. Hence, late filing of the GSTR-5 return will have a cascading effect leading to heavy fines and penalty.
What if GSTR-5 filing is done late?
Late filing of GSTR-5 returns will lead to interest and late fees.
The interest is 18% per annum and will be calculated by the taxpayer on the amount of outstanding tax to be paid. The time period will start from the next day of filing i.e. the 21st of the month to the date of actual payment.
The late fees are INR 100 per day for CGST and INR 100 per day for SGST i.e. a total of INR 200 per day – till a maximum is INR 5,000. There are no late fees however on IGST.
GSTR-5 will contain all the business details for non-resident taxable persons, including the details of sales purchases, Debit and Credit notes, inputs and capital goods received from overseas etc.
How to file GSTR-5?
The following are the details to be provided in the GSTR-5 form, spread across 14 tables:
- GSTIN: Here, the taxpayer should provide his GSTIN. Provisional ID can also be provided if GSTIN is not available.
- Taxpayer Details: 3 fields, namely – the legal name of the taxpayer, trade name of the business and the validity period of registration - will be auto-populated.
- Inputs/Capital goods received from Overseas (Import of Goods): The non-resident taxable person must report his inputs and capital goods imported into India. Details of bill of entry along with the rate of tax, IGST, cess paid and amount of ITC available, should also be provided. Please note that a non-resident taxable person will only have import inward supplies i.e. purchases.
- Amendment in the details furnished in any earlier return: In this section, the non-resident taxable persons can change any details in imports furnished in earlier returns. The changes can be made in:
- Bill of Entry (Both original and revised details of bill of entry must be given)
- Rate of IGST
- Taxable value
- Amount of IGST & Cess
- Amount of ITC now available
- Differential amount of ITC (excess of this will be reversed and vice versa)
- Taxable outward supplies made to registered persons (including UIN holders): This section will contain the invoice wise details of B2B sales in India, including sales made to UIN holders. The details of IGST or CGST & SGST and Cess along with the State, must be provided.
- Taxable outward inter-State supplies to unregistered persons where invoice value is more than INR 2.5 lakh : This section will contain the details of all large B2C inter-State sales made to unregistered persons, where the invoice value is greater than INR 2.5 lakhs.
- Taxable supplies (net of debit notes and credit notes) to unregistered persons other than the supplies mentioned in Table 6: This section will contain details of sales to unregistered dealers (both intra-state and inter-State), where the invoice value is less than INR 2.5 lakhs. Intra-state sales can be mentioned in a consolidated summary, whereas inter-state sales must be mentioned state-wise.
- 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 section will contain any changes in details furnished in previous months. Original debit notes and credit notes issued during the month will be furnished here. Amendments to invoices, debit notes and credit notes issued will also appear here. In case of revisions, original details will have to be mentioned.
- Amendments to taxable outward supplies to unregistered persons furnished in returns for earlier tax periods in Table 7: This section will contain changes in details of sales of previous months (originally disclosed in Table 7). Intra-state sales can be mentioned in a consolidated summary, whereas inter-state sales must be mentioned state-wise.
- Total Tax Liability:
- On account of outward supply: Details of tax liability for outward supplies for the current month.
- On account of differential ITC being negative in Table 4: Details of additional tax to be paid due to reversal of ITC (i.e. differential ITC being negative) on making changes in any imports of earlier months as per Table 4
- Tax Payable and Paid: This section will have the details of tax actually paid during the month. Breakup of IGST, CGST, SGST & Cess will be shown. The taxpayer can opt to pay through cash or use ITC.
- Interest, late fee and any other amount payable and paid: This section will contain details of interest and late fees due and actually paid on account of late filing of return.
- Refund claimed from electronic cash ledger: This section will contain the details of all refunds received into the electronic cash ledger. There is a dropdown to select in which bank account the non-resident taxable person wants to receive the refund.
- 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 the electronic cash ledger, i.e. cash outflow for payment of tax/interest/late fee. It is populated after payment of tax and submissions of return.
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