GSTR-5: For Non-Residents- Return Filing, Format, Eligibility Rules

If you are a non-resident entity who supplies goods or services to India, you must have applied for GST registration under GSTIN. After obtaining GSTIN, you are required to file GSTR-5, which is a return for non-resident taxable persons. In this article, we will discuss what GSTR-5 is, who is eligible to file it, the format of GSTR-5, and the rules related to GSTR-5.

Who is Eligible to File GSTR-5?

GSTR-5 is a return filed by non-resident taxable persons who are engaged in supplying goods or services to India. Non-resident taxable persons are those who do not have a fixed place of business in India, but are registered under GSTIN for supplying goods or services in India. They must file GSTR-5 for every tax period, which is a month in most cases.

Format of GSTR-5

GSTR-5 has 13 tables, which are as follows:

Table 1: GSTIN - The GSTIN of the non-resident taxable person.

Table 2: Legal Name - The name of the non-resident taxable person.

Table 3: Details of Outward Supplies - The details of all outward supplies made by the non-resident taxable person to registered persons in India.

Table 4: Amendments to Outward Supplies - Any amendments made to the details of outward supplies provided in Table 3.

Table 5: Details of Inward Supplies - The details of all inward supplies received by the non-resident taxable person from registered persons in India.

Table 6: Amendments to Inward Supplies - Any amendments made to the details of inward supplies provided in Table 5.

Table 7: Debit Notes, Credit Notes, and Revised Invoices - The details of all debit notes, credit notes, and revised invoices issued by the non-resident taxable person.

Table 8: Amendments to Debit Notes, Credit Notes, and Revised Invoices - Any amendments made to the details of debit notes, credit notes, and revised invoices provided in Table 7.

Table 9: Tax Paid in Advance - The details of tax paid in advance by the non-resident taxable person.

Table 10: Adjustments of Advances Paid - Any adjustments made to the details of tax paid in advance provided in Table 9.

Table 11: GST TDS / TCS Credit - The details of GST TDS / TCS credit received by the non-resident taxable person.

Table 12: Interest, Late Fees, and Penalty Paid - The details of interest, late fees, and penalty paid by the non-resident taxable person.

Table 13: Refund Claimed from Cash Ledger Balance - The details of refund claimed from cash ledger balance of the non-resident taxable person.

Rules Related to GSTR-5

1. Due Date for Filing GSTR-5GSTR-5 must be filed by the 20th of the month following the tax period for which the return is to be filed. For example, the GSTR-5 return for the month of January must be filed by February 20th.

2. Late Fee for Late Filing of GSTR-5If GSTR-5 is not filed by the due date, a late fee of Rs. 100 per day (Rs. 50 for CGST and Rs. 50 for SGST) will be charged, subject to a maximum of Rs. 5,000.

3. Penalty for Non-Filing of GSTR-5If GSTR-5 is not filed within the due date or the extended due date, a penalty of Rs. 5,000 will be levied.

4. Revision of GSTR-5GSTR-5 can be revised before the due date for filing the return for the next tax period. However, any revisions made to GSTR-5 must be made before the due date for filing the annual return, which is December 31st of the following financial year.

Conclusion

As a non-resident taxable person who supplies goods or services to India, it is important to understand the rules related to GSTR-5 return filing. GSTR-5 must be filed every tax period, which is a month in most cases. Non-filing or late filing of GSTR-5 can result in penalties and late fees. By following the guidelines provided in this article, you can ensure that you file GSTR-5 in a timely and accurate manner.