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GSTR 5A

About of Service

1. Who Needs to File GSTR-5A?

GSTR-5A must be filed by non-resident OIDAR service providers. These are entities that provide digital services to Indian consumers (non-taxable persons) and do not have a physical presence or place of business in India. Examples of such services include:

  • Online advertisements.
  • Provision of digital content like movies, music, software, etc.
  • Cloud services.
  • Supply of e-books, online gaming, and more.

2. Filing Frequency and Due Date

GSTR-5A needs to be filed on a monthly basis. The due date for filing GSTR-5A is the 20th of the month following the tax period for which the return is being filed.

3. Information Required in GSTR-5A

The GSTR-5A form includes the following details:

  • Basic details of the service provider, such as name, address, GSTIN (if registered), or a unique identification number.
  • Tax period for which the return is being filed.
  • Details of the taxable outward supplies made to non-taxable persons in India, including:
    • Description of services.
    • Value of services provided.
    • Rate of tax and amount of tax charged.
  • Details of any adjustments or amendments made during the tax period.
  • Payment of tax, including interest, penalty, fees, and other amounts.

4. Steps to File GSTR-5A

To file GSTR-5A, follow these steps:

  • Access the GST Portal: Log in using the credentials provided.
  • Navigate: Go to Services > Returns > Returns Dashboard.
  • Select Period: Choose the relevant financial year and return filing period.
  • Fill Form: Enter the required details in the GSTR-5A form.
  • Make Payment: Pay any outstanding tax liabilities online.
  • Submit: Review and submit the form.

5. Consequences of Non-Filing or Late Filing

Failure to file GSTR-5A on time can lead to penalties and interest:

  • A late fee of Rs. 50 per day of delay (Rs. 20 per day for nil returns).
  • Interest charged at 18% per annum on the outstanding tax amount.

6. Can GSTR-5A Be Revised?

No, GSTR-5A cannot be revised once it is filed. Any errors or omissions must be corrected in the subsequent month’s return.

7. Exemptions from Filing GSTR-5A

There are no specific exemptions from filing GSTR-5A. All OIDAR service providers who meet the criteria must file this return to comply with GST regulations.

8. Prerequisites for Filing GSTR-5A

Before filing GSTR-5A, service providers should ensure:

  • Accurate compilation of details of the services provided.
  • Correct calculation of the taxable value and GST due.
  • Timely payment of any taxes due.

9. Recent Updates and Notifications

Service providers should regularly check the GST portal and notifications from the GST Council for any updates regarding the filing process, due dates, or changes in the format or requirements of GSTR-5A.

10. Importance of GSTR-5A

Filing GSTR-5A is crucial for OIDAR service providers to:

  • Comply with Indian GST regulations.
  • Accurately report and pay GST on digital services provided to non-taxable persons in India.
  • Avoid penalties and interest for non-compliance.

GSTR-5A ensures that non-resident OIDAR service providers fulfill their tax obligations in India, thus contributing to the country's revenue. If you have more questions or need further assistance, feel free to ask!

Uses and Benefits

  • Who needs to file GSTR-5A? OIDAR Service Providers: Any person supplying online information and database access or retrieval services from a place outside India to a non-taxable online recipient in India must file GSTR-5A. Non-resident OIDAR Service Providers: These are service providers who do not have a physical presence or establishment in India but provide digital services to Indian consumers.
  • Who needs to file GSTR-5A? OIDAR Service Providers: Any person supplying online information and database access or retrieval services from a place outside India to a non-taxable online recipient in India must file GSTR-5A. Non-resident OIDAR Service Providers: These are service providers who do not have a physical presence or establishment in India but provide digital services to Indian consumers.
  • . What information is included in GSTR-5A? The GSTR-5A form includes the following details: Basic information about the service provider (name, address, GSTIN, or unique identification number). Period for which the return is being filed. Details of the taxable outward supplies made to non-taxable persons in India, including: Description of services. Value of services provided. Rate of tax and amount of tax charged. Details of adjustments or amendments, if any, made during the period. Payment of tax, interest, penalty, fees, and any other amounts.
  • How to file GSTR-5A? Online Filing: GSTR-5A must be filed online through the GST portal (www.gst.gov.in). Login: Access the GST portal using the credentials provided. Navigate: Go to Services > Returns > Returns Dashboard. Select Period: Choose the relevant financial year and return filing period. Fill Form: Enter the required details in the GSTR-5A form. Payment: Pay any outstanding tax liabilities online. Submit: Review and submit the form.
  • . Consequences of Non-Filing or Late Filing Late Fee: A late fee of Rs. 50 per day of delay (Rs. 20 per day for nil returns) is applicable. Interest: Interest is charged at 18% per annum on the outstanding tax amount for any delay in payment.

Additional Disclosure

  1. Organizational Information:

    • Details about the OIDAR service provider including legal name, business address, contact information, and GSTIN (if registered).
  2. Nature of Services Provided:

    • Provide a detailed description of the OIDAR services provided to non-taxable persons (B2C) in India during the reporting period.
  3. Details of Supplies:

    • Specify the nature of services provided, including any specific categories or types of transactions.
    • Outline the total value of services supplied and the corresponding IGST charged, if applicable.
  4. Place of Supply:

    • Specify the place of supply for each service transaction, ensuring compliance with GST rules regarding B2C services provided by non-resident taxpayers.
  5. Tax Calculation:

    • Provide a breakdown of tax calculation for each service provided, including taxable value and IGST charged.
  6. Documentation and Invoices:

    • Ensure that all invoices issued for services provided to non-taxable persons in India are properly documented and maintained.
  7. ITC (Input Tax Credit) Utilization:

    • If applicable, provide details of any ITC claimed and utilized during the reporting period, ensuring compliance with GST regulations.
  8. Declaration of Compliance:

    • Certify the accuracy and completeness of the information provided in GSTR-5A.
    • Confirm that all necessary taxes have been paid or adjusted correctly as per GST rules.
  9. Internal Controls and Procedures:

    • Describe internal controls and procedures implemented to ensure accurate reporting and compliance with GST regulations for GSTR-5A.
  10. Digital Signature (if applicable):

    • Ensure that the GSTR-5A form is digitally signed, where required, to authenticate the accuracy and completeness of the information provided.

Documents & Detail Required

  1. Organizational Information:

    • Details about the OIDAR service provider including legal name, business address, contact information, and GSTIN (if registered).
  2. Details of Services Provided:

    • Description of the nature of OIDAR services provided to non-taxable persons (B2C) in India during the reporting period.
  3. Invoice Records:

    • Maintain records of invoices issued for OIDAR services provided to customers in India. Each invoice should include:
      • Invoice number and date
      • Customer's details (name, address, and contact information)
      • Description of services provided
      • Total taxable value
      • IGST charged, if applicable
  4. Payment Records:

    • Records of payments received against invoices issued for OIDAR services provided to customers in India.
  5. ITC (Input Tax Credit) Utilization (if applicable):

    • Details of any Input Tax Credit claimed and utilized during the reporting period, if applicable.
  6. Supporting Documents:

    • Maintain supporting documents such as contracts, agreements, service delivery confirmations, and any other relevant documents that substantiate the provision of OIDAR services to non-taxable persons in India.
  7. Declaration of Compliance:

    • Certify the accuracy and completeness of the information provided in GSTR-5A.
    • Confirm that all necessary taxes have been paid or adjusted correctly as per GST rules.
  8. Digital Signature (if applicable):

    • Ensure that the GSTR-5A form is digitally signed, where required, to authenticate the accuracy and completeness of the information provided.
  9. Internal Controls and Procedures:

    • Describe internal controls and procedures implemented to ensure accurate reporting and compliance with GST regulations for GSTR-5A.
  10. Review and Certification:

    • Conduct a thorough review of all entries to ensure accuracy and compliance with GST regulations before submission.
    • Optionally, provide a certification from a Chartered Accountant or Tax Practitioner affirming the accuracy and completeness of the GSTR-5A data.

FAQ'S

What is GSTR-5A?

GSTR-5A is a return filed by non-resident foreign taxpayers who are registered under GST in India but do not have a fixed place of business in the country. It contains details of supplies made and received during the tax period.

Who needs to file GSTR-5A?

Non-resident foreign taxpayers who are registered under GST and do not have a fixed place of business in India need to file GSTR-5A. This includes persons supplying OIDAR (Online Information and Database Access or Retrieval) services to non-taxable persons in India.

What are OIDAR services?

OIDAR services refer to services delivered over the internet or an electronic network and which require minimal human intervention. Examples include online educational services, website hosting, software as a service (SaaS), etc.

What details are required in GSTR-5A?

GSTR-5A requires details of outward supplies (including OIDAR services), inward supplies attracting reverse charge, amendments to details of previous returns, and tax payable and paid.