GSTR-5: Monthly Return Filing Rules and Consequences



Quick Summary
The GSTR-5 is a monthly return specifically for non-resident taxable persons conducting business in India without a permanent establishment. It details all outward and inward supplies made during the period. To file, you need temporary GST registration. The due date is the 13th of the following month or within 7 days of business closure, whichever is sooner.

GSTR-5 is a document or statement that has to be filed by every registered non-resident taxable person for the period during which they carry out business transaction in India.

The document must contain the details of all outward supplies and inward supplies.

Pre-requisites for filling GSTR-5

In order to file the GSTR-5:

  • You have to be a non-resident foreign taxpayer who does not have a business establishment in India.
  • You need a temporary registration under GST for the period during which you will carry out business in India.

Who is a Non Resident Taxable Persons?

Non-resident foreign taxpayers are the suppliers who does not have a business establishment in India and operate in India for a short duration to make taxable supplies.

Such taxpayers must register under GST and file GSTR-5, a return specifically designed for them.

Due Date to file GSTR-5

From July 2017 to September 2022

Due date was the 20th of the following month or within 7 days of business closure, whichever is earlier.

From October 2022 Onwards

GSTR-5 must be filed by the 13th of the following month or within 7 days of business closure, whichever is earlier.

Example

From where Form GSTR-5 can be Filed?

Form GSTR-5 can be accessed on the GST Portal.

The path is Services > Returns > Returns Dashboard.

Consequences of Not Filing or Delaying GSTR-5

Non-Filing of GSTR-5

  • The next month’s return cannot be filed until the pending return is submitted.
  • This leads to a cascading effect, resulting in fines and penalties.

Late Filing of GSTR-5

Interest

18% per annum on the amount of outstanding tax to be paid, calculated from the next day of filing to the date of payment.

Late Fee

  • ₹50 per day (₹25 CGST + ₹25 SGST).
  • ₹20 per day (₹10 CGST + ₹10 SGST) for Nil returns.
  • Maximum late fee: ₹5,000.

Non-resident foreign taxpayers must file GSTR-5 on time to ensure GST compliance. Timely filing prevents penalties and ensures smooth business operations in India.


Every registered non-resident taxable person who carries out business transactions in India without a business establishment there needs to file a GSTR-5.

The GSTR-5 return must contain details of all outward supplies and inward supplies made during the tax period.

You must be a non-resident foreign taxpayer without a business establishment in India and possess a temporary GST registration for the period of your business operations.

From October 2022 onwards, the GSTR-5 must be filed by the 13th of the following month or within 7 days of business closure, whichever is earlier.

Non-filing prevents you from filing subsequent returns and incurs fines and penalties. Late filing attracts an 18% per annum interest on outstanding tax and a late fee of ₹50 per day (₹20 for nil returns), capped at ₹5,000.




About the Author

Finance Professional

I write about Income Tax, GST, TDS, RBI updates, government schemes, and personal finance in India. My focus is on simplifying complex tax and compliance topics into easy-to-understand guides that help readers stay updated with the latest financial rules, investment options, and regulatory changes.


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