GSTR-5 Filing

GSTR-5 return must be filed by persons registered under GST as non-resident taxable persons. Non-resident taxable persons are persons who occasionally undertakes transactions involving supply of goods or services or both, whether as principal or agent or in any other capacity, but who has no fixed place of business or residence in India. All non-resident taxable persons are required to obtain GST registration and file GSTR-5 returns.

What is GSTR-5 filing?

GSTR-5 is a type of GST return that must be filed by persons registered under GST Act as non-resident taxable persons. GSTR-5 return can be filed through the GST Common Portal by the person authorised to comply with GST provisions.

What is the due date for filing GSTR-5 return?

GSTR-5 return must be filed every month, on or before the 20th day. The return filed in a month would contain details of inward and outward supplies transacted by the person in the previous month.

Also, GST registration for non-resident taxable persons are provided with an expiry date. Hence, the non-resident taxable person would be required to file a GSTR-5 filing, 7 days before expiry of GST registration.

The following illustration shows GST return due date for all GST filings in India:

What details must be provided in GSTR-5 filing?

In GSTR-5 filing, the non-resident taxable person would be required to furnish the following information for a month.

1. Inputs/Capital goods received from Overseas (Import of goods).
2. Amendment in the details furnished in any earlier return.
3. Taxable outward supplies made to registered persons (including UIN holders).
4. Taxable outward inter-State supplies to un-registered persons where invoice value is more than Rs 2.5 lakh.
5. Taxable supplies (net of debit notes and credit notes) to unregistered persons.
6. Amendments to taxable outward supply details furnished in returns for earlier tax periods.
7. Amendments to taxable outward supplies to unregistered persons furnished in returns for Earlier tax periods.
8. Total tax liability.
9. Tax payable and paid.
10. Interest, late fee and any other amount payable and paid.
11. Refund claimed from electronic cash ledger.
12. Debit entries in electronic cash/credit ledger for tax/interest payment [to be populated after payment of tax and submissions of return].

How to file GSTR-5 filing?

GSTR-5 return can be filed on the GST Common Portal using the user id and password provided during GST registration. For ease of compliance, GST software like LEDGERS can be used to file the returns automatically based on invoices and expenditures incurred during a month.

GSTR-5 return must be digitally signed with the digital signature of the authorised signatory. It’s important to note that all non-resident taxable persons are required to appoint an authorised person, resident in India as in-charge for GST compliance. Such an authorised signatory appointed for GST compliance can sign and file GSTR-5 return.

What is the penalty for late filing of GSTR-5?

GSTR-5 return must be filed on or before the 20th of each month. Unlike normal taxpayers, non-resident taxable persons are required to file only one return every month. For delay in filing a GSTR-5 return, a penalty of Rs.100 per day can be levied upto Rs.5000, for each return filed late.

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