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Published on:
February 25, 2023
By
Harshini

Non Resident Taxable Person under GST Law Explained

As per the Goods and Services Tax (GST) regulations, a Non-Resident Taxable Person (NRTP) is an individual or entity that doesn't reside in India but has a business establishment or fixed presence in India. Such businesses or individuals are required to register under GST if they intend to make taxable transactions in India. In this article, we'll delve deeper into the concept of NRTP and how it affects the GST registration process in India.

Who is a Non-Resident Taxable Person?

A Non-Resident Taxable Person (NRTP) is an individual or entity that does not have a physical presence in India but carries out taxable supplies of goods and/or services in India. It can be a foreign company or an individual who is conducting business in India but is not resident in India, and also includes a casual taxable person or a person who occasionally undertakes transactions in a taxable territory where he does not have a fixed place of business. NRTPs must register for GST if they intend to make taxable supplies in India.

Registration Process for NRTPs

The registration process for NRTPs is similar to that of regular taxpayers in India. However, NRTPs have to follow a few additional steps, mainly because they do not have a physical presence in India. Here is a step-by-step guide to the registration process for NRTPs under GST:

1. Visit the GST Portal and click on the 'New Registration' option.

2. Select the 'Non-Resident Taxable Person' option from the list provided.

3. Enter the required details such as name, PAN, email ID, and mobile number, and click on 'Proceed'.

4. Upload scanned copies of the necessary documents, such as proof of address, identity proof, and business registration documents.

5. Once the documents are uploaded and verified, a temporary reference number (TRN) will be generated for the application.

6. Use the TRN to complete the registration process by logging in to the GST Portal within 15 days of the TRN generation.

7. Fill in the required details in the registration form, such as business details, place of business, and authorized signatory details.

8. Once the form is submitted, an ARN (Application Reference Number) will be generated for the application.

9. The GST officer will review the application and may ask for additional documents or information if required.

10. If the application is approved, the GST registration certificate will be issued, and the NRTP can start making taxable supplies in India.

Example of NRTP under GST

Let's take an example to understand the concept of NRTP better. ABC Inc. is a US-based company that provides software development services to clients worldwide. The company has a subsidiary in India called ABC India, which provides software development services to Indian clients. ABC Inc. has a physical presence in the US but not in India, and ABC India is a registered company in India. As ABC Inc. provides services to Indian clients through ABC India, it is considered an NRTP under GST regulations.

Conclusion

NRTPs are foreign businesses or individuals who carry out taxable supplies of goods and/or services in India but do not have a physical presence in the country. Such entities must register for GST in India to conduct taxable transactions. The registration process for NRTPs is similar to that of regular taxpayers, with a few additional steps. If you're an NRTP planning to conduct taxable supplies in India, it's essential to understand the registration process and comply with the GST regulations to avoid penalties.

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Updated on:
March 16, 2024