GST
GST is a huge reform for indirect taxation in India, the likes of which the country has not seen post Independence. GST will simplify indirect taxation, reduce complexities, and remove the cascading effect. Experts believe that it will have a huge impact on businesses both big and small, and change the way the economy functions.
India has a Dual GST Model. Under this tax may be levied simultaneously by both Central and State governments on certain taxable supplies.
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Comprehensive:
GST will subsume all of the current indirect taxes. Plus, by bringing in a unified taxation system, across the country, it will ensure that there is no more arbitrariness in tax rates.
Multi-stage:
GST is levied each stage in the supply chain, where a transaction takes place.
Value-addition:
This is the process of addition to the value of a product/ service at each stage of its production, exclusive of initial costs. Under GST, the tax is levied only on the value added.
Destination-based consumption:
Unlike the current indirect taxes, GST will be collected at the point of consumption. The taxing authority with appropriate jurisdiction in the place where the goods/ services are finally consumed will collect the tax.
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Who Must Get GST Registration
All businesses involved in buying or selling goods or providing services, or both, should register for GST. But for below-listed persons, GST Registration is compulsory.
Previous Law Converted Taxpayer – All individuals or companies registered under the Pre-GST tax laws like Service Tax or Excise or VAT, etc.
Turnover for Goods Provider – If your sales or turnover of goods is crossing Rs. 40 lakh in a year then GST Registration is mandatory. For the Special Category Status, the limit is Rs. 20 lakh in a year.
Turnover for Service Provider – If you are a service provider & sales or turnover is crossing Rs. 20 lakh in a year then GST Registration is mandatory. For the Special Category Status, the limit is Rs. 10 lakh in a year
Casual Taxpayer – If you supply goods or services, in events/exhibitions, and not have a permanent place of doing business. In such cases, GST is charged based on an estimated turnover of 90 days. The validity of the Registration is also 90 days.
Agents of Suppliers or Input Service Distributor (ISD) – All supplier agents and ISD, to earn benefits of Input Tax Credit, need GST Registration.
NRI Taxable Person – If you are an NRI or handling the business of NRI in India.
Reverse Charge Mechanism (RCM) – Businesses who need to pay taxes under the RCM also need to be GST registered.
E-Commerce Portals & Sellers – Every e-commerce portal (such as Amazon or Flipkart) under which multiple vendors are selling their products. Or for all vendors. You need a GST Registration.
Outside India Online Portal – For suppliers of online information and database access or retrieval services from a place outside India to Indian Residents.
Transferee – When the business has been transferred.
Inter-State Operations – Persons making an inter-state supply. Whatever the turnover.
Brands – Aggregator who supplies service under his Brand or Trade Name.
Other Taxation – Persons who are required to deduct tax u/s 37 (TDS) of the Income Tax Act.
Voluntary GST Registration – Any entity can obtain GST registration at any-time. Even when the above mandatory conditions don’t apply to them.
Inter-State Registration – If you are a supplier in more than one state you need GST Registration in all the states that you supply goods or services to.
Branches – If your business has multiple branches in multiple states, register one particular branch as the main office or head office and the remaining branches as additional. (Not applicable if the business has separate verticals as listed in Section 2 (18) of the CGST Act, 2017.)
The Special Category States under GST Act are:
(a) Arunachal Pradesh, (b) Assam, (c) Sikkim, (d) Meghalaya, (e) Tripura, (f) Mizoram, (g) Manipur, (h) Nagaland, and (i) Himachal Pradesh.
Documents Required For GST Registration
For Sole Proprietorship / Individual:
Aadhaar card, PAN card, and a photograph of the sole proprietor
Details of Bank account- Bank statement or a canceled cheque
Office address proof:
Own office – Copy of electricity bill/water bill/landline bill/ property tax receipt/a copy of municipal khata
Rented office – Rent agreement and NOC (No objection certificate) from the owner.
For Partnership deed/LLP Agreement:
Aadhaar card, PAN card, Photograph of all partners.
Details of Bank such as a copy of canceled cheque or bank statement
Proof of address of Principal place of business and additional place of business :
Own office – Copy of electricity bill/water bill/landline bill/ a copy of municipal Khata/property tax receipt
Rented office – Rent agreement and NOC (No objection certificate) from the owner.
In case of LLP- Registration Certificate of the LLP, Copy of board resolution
Appointment Proof of authorized signatory- letter of authorization
For Private limited/Public limited/One person company:
Company’s PAN card
Certificate of Registration
MOA (Memorandum of Association) /AOA (Articles of Association)
Aadhar card, PAN card, a photograph of all Directors
Details of Bank- bank statement or a canceled cheque
Proof of Address of Principal place of business and additional place of business:-
Own office – Copy of electricity bill/water bill/landline bill/ a copy of municipal khata/ property tax receipt
Rented office – Rent agreement and NOC (No objection certificate) from the owner.
Appointment Proof of authorized signatory- letter of authorization
For HUF:
A copy of PAN card of HUF
Aadhar card of Karta
Photograph
Proof of Address of Principal place of business and additional place of business:
Own office – Copy of electricity bill/water bill/landline bill/ a copy of municipal khata/ property tax receipt
Rented office – Rent agreement and NOC (No objection certificate) from the owner.
Details of Bank- bank statement or a copy of a canceled cheque
For Society or Trust or Club:
Pan Card of society/Club/Trust
Certificate of Registration
PAN Card and Photo of Promotor/ Partners
Details of Bank- a copy of canceled cheque or bank statement
Proof of Address of registered office :
Own office – Copy of electricity bill/water bill/landline bill/ a copy of municipal khata/ property tax receipt
Rented office – Rent agreement and NOC (No objection certificate) from the owner.
Appointment Proof of authorized signatory- letter of authorization
Various Return Filing under GST
Points to make your decision easy
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GSTR 1 Filing:
GSTR 1 is the record of all sales. Under this form, the suppliers will have to report their outward supplies during the reporting month. According to the norm, all the registered taxable persons are required to file the same by the 10th of the following month or quarter.
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GSTR 3B Filing:
GSTR-3B is a monthly self-declaration, which should be filed by every registered person under GST. It is a simplified summary return of inward and outward supplies Due date of filing of GSTR 3B is 20th of the subsequent month. GSTR 3B once filed can not be revised.
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GSTR 4 Filing:
GSTR-4 is a Return that has to be filed by a Composition Dealer. Unlike a normal taxpayer who needs to furnish 3 monthly returns, a dealer opting for the composition scheme is required to furnish 1 return which is GSTR-4. The due date for GSTR 4 is 18th of the month subsequent to each quarter.
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GSTR 9 Filing:
All the taxpayers registered under GST are required to file their annual return in a particular form. That form is called the GSTR 9. It is a consolidation of all the monthly/quarterly returns (GSTR-1, GSTR-2A, GSTR-3B) filed in that year.
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GSTR 9A Filing:
Return GSTR 9A is an annual return to be filed by dealers who have opted composition scheme. It includes all the information furnished in the quarterly returns filed by the composition taxpayers during that financial year.
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GSTR 9C Filing:
GSTR 9C is a statement of reconciliation between the Annual returns filed in GSTR 9 for a financial year and the figures as per the audited annual financial Statements of the taxpayer.