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PDF Editor FAQ

How many returns are needed to file under GST?

Hi readers,I just feel like the answer to this question needs a quick update.Let me get you up to speed.So currently, a normal or regular taxpayer under the GST regime must file the following forms monthly (3) and annually (2)-GSTR-1- This is the sales return form, where you will have to declare the details of all of your sales in that particular tax period. This form includes multiple tables so you can declare various types of outward supplies, such as exports, supplies to SEZ unit/developers, and inward supplies liable to reverse charge mechanism. You must file this form every month (quarterly if you are a composition dealer) before the due date. This form will decide your outward tax liability.GSTR-2A- This is a purchase return form, that you need not file, this form is auto-populated based on the GSTR-1 of all your suppliers. This form contains all the details of your purchase but as per the sales of your supplier. If you feel like this form is incorrectly furnished, you can contact the particular supplier & ask them to make changes to their GSTR-1, in the next tax period, you cannot make any changes or edit this form. This is a crucial form as it decides the amount of ITC that you can claim, ensure its accuracy at all costs.GSTR-3B- This is the main return form, where all the input tax credit & outward tax liabilities are calculated. It is a consolidation or summary of all of your sales & purchases in a particular tax period. The actual calculation of your tax liabilities, ITC eligibility & and the final adjustment and payments are done through this form.GSTR-9- This is the annual return form to be filed by the taxpayer annually. It is again a consolidated summary of all the returns that you filed year long. The return of all transactions, tax amount paid, ITC claimed, etc, are disclosed in this form.GSTR-9C- This form is the GST Reconciliation Statement that a taxpayer needs to file yearly. The reconciliation takes place between the details declared by you in form GSTR-9 & the details mentioned by you in your accounts. Before reconciling the accounts must be audited by a CA or Cost accountant. You will have to reason for any differences that will arise upon the reconciliation & pay the differed tax amounts as suggested by your CA.Apart from these major forms, there are other forms as well that are specified to a specific type of taxpayer.A list of these forms is given below-GSTR-4- Main return form for taxpayers registered under Composition SchemeGSTR-5- Return form for non-residential Foreign TaxpayersGSTR-6- Return form for Input Service DistributorGSTR-7- Return form for TDS (Tax Deducted at Source) deductorsGSTR-8 - Return form for TCS (Tax Collected at Source) collectorsGSTR-9A- Annual Return form for taxpayers registered under Composition SchemeGSTR-10- Registered taxpayer whose registration has been canceled or surrenderedGTR-11- Return form for UIN (Unique Identity Number) holders- Foreign Diplomatic Missions, Embassies, UN organizations.Note- I have only mentioned the active forms that are in use currently, however, the government might make changes &/or activate the inactive forms such as Form GSTR-2.I hope that my answer was helpful.Do follow me for more such insightful & detailed answers on GST & Indirect Taxation.Please don't forget to upvoteThanks!

What are the significance & applicability of GSTR-1 & GSTR-2, GSTR3, GSTR-4, GSTR-5, GSTR-6, GSTR-7, GSTR-8, GSTR-9, GSTR-10, GSTR-11 (including their sub-categories), etc. and their differences?

Each GSTR form identifies a category of tax payer as detailed below:GSTR1 : Details of outward supplies of taxable goods and/or services affected by a normal tax payer (Supplier of goods and services)GSTR 2A : Auto-Populated (for the recipient of goods and services) based on the entries made in GSTR1 by his supplier(s), i.e. the recipient is eligible for only that much ITC as is appearing in his GSTR-2A.That is why always ensure that your supplier is filing GSTR-1 properly and all invoices for the goods and services received by you are reflected in GSTR1 of your supplier and correspondingly the transactions are appearing in GSTR-2A.During the filing of Annual Return for FY 2017–18, a lot of tax-payers [recipients of goods and services] had availed ITC on the basis of invoices, however, their supplier had not shown those invoices in his GSTR-1 and therefore, the value of ITC corresponding to the same was not appearing in the GSTR-2A, and the recipient had to reverse the excess ITC claimed (not appearing in GSTR-2A and Table 8A of his annual return) with interest, even though the recipient had invoices for claim of such ITC. You make click here to read more on this discussion.GSTR-3B : Simple Return in which summary of outward supplies along with Input Tax Credit is declared and payment of tax is affected by taxpayer.GSTR4 : Return filed by taxpayer registered under composition levyGSTR-5 : Return for a Non-Resident foreign taxable personGSTR6 : Return for an Input Service DistributorGSTR7 : Return for authorities deducting tax at source.GSTR8 : Details of supplies effected through e-commerce operator and the amount of tax collectedGSTR9 : Annual Return for a Normal TaxpayerGSTR9A : Annual Return a taxpayer registered under the composition levy anytime during the yearGSTR9C : Annual Return for a tax-payer who has to get his account compulsorily audited under Section 35(5) of the act.GSTR10 : Final Return, to be filed once GST Registration is cancelled or surrendered, within three months of the date of cancellation or date of cancellation order, whichever is later.GSTR11 : Details of inward supplies to be furnished by a person having UIN and claiming a refund.Now, applicability is as above i.e. they are designed to match the information that must be gathered/collected from the tax payer of a particular category to enable the government to assess/scrutinise the tax liability of that category of tax payer as and when required.In case you are getting freaked out just by thinking about the above category of returns, you must know that the Government is about to release new returns in GST wherein each return will have annexures attached to it. I personally found them much too complex and irrelevant. Matching of ITC under Section 42 and 43 of the act is the reason for introduction of these new returns (as the same is not possible with the existing returns and has led to great amount of displeasure for the trade, for not being able to take ITC even when they have paid tax and are in possession of tax invoices). Introduction of new returns can be troublesome for the tax payers as even after two years of introduction of GST, the tax payers are struggling with filing of existing returns majorly due to technical glitches and lack of awareness. I hope technical glitches are well taken care of in these new returns or else it will lead to new era of litigation.

What are the key features of the simplified GST quarterly returns?

Part A: Key features of the Monthly Return1. Monthly Return and due-date:> All taxpayers except small taxpayers, composition dealer, Input Service Distributor (ISD), Non-resident registered person,persons liable to deduct tax or collect tax at source u/s 51/52 of CGST Act, 2017 shall file one monthly return.> Dates of return filing will be on staggered manner based on the reported turnover in last year i.e. 2017-18, annualized for the full year. A newly registered taxpayer shall be classified on the basis of self-declaration of the estimated turnover.> The due date for filing of monthly return for the large taxpayer shall be 20th of the next2. Nil return and Small taxpayers:> Taxpayers having no purchases, no output tax liability and no input tax credit shall file one NIL return for the entire quarter through SMS facility.> Taxpayers having a turnover up to Rs. 5 Cr. in the last financial year shall be considered as small taxpayer, who will have optional facility to file quarterly return with monthly payment of taxes on self-declaration basis.3. Continuous uploading and viewing:> Facility of continuous uploading of invoices is available to supplier anytime during the month which shall also be continuously visible to the recipient.> Invoices uploaded by the supplier by 10thof succeeding month shall be auto-populated in the liability table of the main return of the supplier.> After the due date for the filing of return is over, the recipient shall also be able to see the return filing status of the supplier and thus be aware that whether the tax liability on purchases made by him has been discharged by the supplier or not.4. Due date for uploading invoices and action to be taken by the recipient:> Taxes payable on invoices uploaded by the supplier by 10th of the next month which can be availed as ITC shall be posted in the relevant field of the input tax credit table of the return of the recipient by 11th of the next month.> Invoices uploaded after 10th of next month by the supplier shall get posted in the relevant field of the return of the subsequent month of the recipient though viewing shall be continuous.> After 11th of the next month, the recipient shall be able to accept, reject or keep pending a particular invoice but the maximum limit of eligible ITC will be based on the invoices uploaded by the supplier upto 10th of the subsequent month.> In the transition phase of six months, the recipient would be able to avail ITC on self-declaration basis even on the invoices not uploaded by the supplier by 10th of the next month or thereafter using the facility of availing ITC on missing5. Invoice uploaded but return not filed:> It shall be treated as self-admitted liability by the supplier.> Recovery proceedings shall be initiated against him after allowing for a reasonable time for filing of the return and payment of6. Unidirectional Flow of document:> The invoices or debit notes uploaded by the supplier shall be the valid document for availing ITC by the recipient.> The Invoices or debit notes which have not been uploaded by the supplier and the recipient has availed ITC shall be considered as “missing invoices”. If such missing invoices are not uploaded by the supplier within prescribed time period, then ITC on such invoices or debit notes shall be recovered from the recipient.7. Missing invoice reporting:> Missing invoices shall be reported by the supplier in the main return for any tax period with interest or penalty as applicable.> Reporting of missing invoices by recipient can be delayed up to two tax periods to allow recipient to follow up and get the missing invoice uploaded from the supplier.> Taxpayers filing quarterly returns shall report missing invoices in the next quarter.8. Payment of tax:> Liability declared in the return shall be discharged in full at the time of filing of the return by the supplier in the present return FORM GSTR 3B.9. Recovery of Input tax credit:> There will be no automatic reversal of ITC at the recipient’s end where taxes has not been paid by the supplier.> In case of default in payment of taxes by the supplier, recovery shall be first made from the supplier. Only in exceptional circumstances like missing taxpayer, closure of business by the supplier, etc., recovery shall be made from the recipient.10. Locking of Invoices:> Locking of invoices raised by supplier means acceptance of transaction reported in the Invoices by the recipient.> On filing of the return by recipient, all invoices shall deemed to be accepted except invoices kept pending or rejected.> A wrongly locked invoice shall be unlocked online by the recipient himself subject to reversal of ITC by him and online confirmation thereof.11. Amendment of invoices:> Amendment of an invoice is only possible where ITC has not been availed and Invoice is not locked by the recipient.> Invoices on which ITC has been availed by the recipient (i.e. locked invoices) will not be allowed to be amended by the supplier and to amend the reported particular of such invoices, a credit or a debit note will have to be issued by the supplier.12. HSN:> Now the table for reporting supplies with the tax liability at various tax rates shall not capture HSN but would continue to capture supplies at different tax rates as is the present practice.> The details of HSN shall be captured at four digit or more in a separate table in the regular monthly13. Return format:> The main return shall have two main tables – one for reporting supplies on which tax liability arises and one for availing ITC.> Return shall have annexure of invoices which shall auto-populate the output liability table in the main14. Payment of multiple liability to be summarized period wise:> Liability in the return arising out of invoices of different dates shall be summarized period wise. However, one payment for the total tax liability on all tax invoices shall be allowed to be made.> Interest shall be calculated on invoices which are reported late.15. Amendment return:> Facility for filing of amendment return shall be available to taxpayer. Amendment return is different than a regular return.> Two amendment returns can be filed for each tax period within the time period specified in Section 39(9) of the CGST Act, 2017 i.e. by due date for furnishing September month return or second quarter following end of financial year or actual date of furnishing relevant annual return, whichever is earlier.> Amendment of entries which flow from the annexure of the main return shall be allowed only with the amendment of the details filed in the16. Amendment of missing invoices:> Amendment of missing invoices reported later by the supplier shall be carried out through the amendment return of the relevant tax period to which the invoice pertains.> Thus, it is better to avail the amendment facility once all the invoices are uploaded, so that invoices reported late can also be amended through the amendment return.17. Amendment of details other than that of invoice:> All user entries of ITC table in the main return would be allowed to be amended.> Change in the closing balance of ITC shall be affected based on the declaration in the amendment return of the taxpayer. Thus, the opening and closing balances of intervening month(s) shall not get impacted.18. Payment due to amended liability & Negative liability:> Payment would be allowed to be made through the amendment return as it will help save interest liability for the taxpayer. ITC, if available in the electronic credit ledger can also be used for payment of the liability in the amendment return.> Negative liability arising from the amendment return shall be carried forward as negative liability in the regular return of the next tax> For change in liability of more than 10% through an amendment return, a higher late fee may be prescribed to ensure that reporting is appropriate in the regular return.19. Exports:> The table for export of goods in return would contain details of the Shipping Bill alsowhich can be filled either at the time of filing the return or after filing the return. A separate facility for uploading shipping bill details at a later date shall be provided to the exporters.> Filing the details of the Shipping Bill in the return at a later date shall not be considered as filing of an amendment return.> Once the information of Shipping Billis completed, the entire data shall be transmitted to the ICEGATE. The amended data would also be transmitted to ICEGATE.> Till data starts flowing online from ICEGATE or SEZ online in the input tax credit of the return, credit on imports and supplies from SEZ shall be availed on self-declaration basis.20. Supply side control:>For a newly registered taxpayer and a taxpayer who has defaulted in payment of tax beyond a time period and/or above a threshold, uploading of invoices shall be allowed only up to that threshold amount or only after the default in payment of tax is made good respectively.> If the supplier does not make the default good, the invoice of such supplier shall not be populated in the viewing facility of the recipient and consequently, the recipient would not be able to avail ITC on such invoices till the default in payment of tax by the supplier for the past period is made good.21. Profile based return:> A questionnaire shall be provided to the taxpayer and only such part of return shall be shown to him which are relevant to his22. Purchase information in the annual return:> Invoices/ Supplies on which the recipient does not intend to take ITC but are kept pending or rejected will have to be reported separately in the Annual23. Suspension of registration:> From the date of suspension to the date of cancellation of registration, return would not be required to be filed and also invoice uploading shall not be allowed for the period beyond the date ofPart B: Features of Quarterly Returns:1. Quarterly filing and monthly payments:> A facility has been provided to small taxpayer to file quarterly return, who had a turnover up to Rs. 5 Cr. in the last financial year.> But such taxpayer will pay their taxes on monthly basis and avail ITC on self-declaration basis to pay the monthly2. Quarterly or monthly return:> Option for filing monthly or quarterly return shall be taken at the beginning of the year. Thereafter they would continue to file the return during the year as per option selected.> Option to change from monthly to quarterly or vice-versa shall be allowed only once and at the beginning of any quarter.3. Options in quarterly return:> Small taxpayers having turnover up to Rs. 5 Cr. would have option to file one of three forms, namely – Quarterly return, Sahaj or Sugam.> Quarterly return shall be akin to the monthly return except that it has been simplified and shall not have the compliance requirement in relation to –i. Missing and pending invoices as small taxpayers do not use these procedures in their inventoryii. Supplies such as non-GST supply, exempted supply etc. as they do not create any liability.iii. The details of ITC on capital goods credit shall also not be required to be filled.These information shall be required to be filled in the Annual Return. Small taxpayers who would like to facility of missing and pending invoice may file monthly return.4. Quarterly Return:> Option to create profile in the quarterly return shall also be available. Sahaj and Sugam are predetermined profiles of the quarterly5. Sahaj and Sugam Returns:> Small taxpayers often have purchases only from the domestic market and sales in the domestic market i.e. B2B purchases locally and supplies either as B2C or B2B+B2C.> Two simplified quarterly returns are proposed for them – “Sahaj”(only B2C outward supplies) and “Sugam” (both B2B and B2C outward supplies).6. Uploading of invoices:> The recipients from these small taxpayers would need uploaded invoice for availing ITC.> Thus, small taxpayers would be given facility to continuously upload invoices in normal course. Invoices uploaded by 10th of the following month which would be available as ITC to the recipient in the same month as is the case in case of purchases from large taxpayers.7. Payment declaration form for payment of monthly taxes:> Small taxpayers would continue to pay taxes on monthly basis by using a payment declaration form in first and second month of every quarter.> In the payment declaration form, self-assessed liability and ITC on self-declared basis shall be declared.> Late payment of tax liability including that in first and second month of the quarter shall attract interest8. HSN:> HSN wise details would need to be provided at 4-digit level or more in the quarterly return.9. Pending and missing invoices:> Quarterly return shall not have the compliance requirement of missing and pending invoices as small businesses do not use these procedures in their inventory

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