India is a highly attractive
market for non-residents to invest in and do business. If you are a
non-resident and plan to set up a business here, then you must register under
GST. Please read our article on the GST provisions applicable to
non-residents to understand the requirements for GST filing by NRIs.
In this article, we will discuss the process of GST registration for non-residents and
the applicable forms.
Provisional Registration
- A non-resident taxable person
will electronically apply for registration using the FORM
GST REG-09 and a self-attested copy of his valid passport.
- The application must be duly
signed or verified through EVC.
- It must be submitted at least
five days prior to the commencement of business.
- In case it is a foreign business
entity (incorporated or established outside India), the application for registration
shall be submitted along with its tax identification number of that country
(similar to our PAN) or its PAN (if it has one).
- An advance deposit of tax (based
on estimation) must also be submitted along with the application.
Final Registration
Final registration will be made
in the same way as in the case of resident taxpayers as follows:
- If the person wishes to register
under GST, then he will submit an application electronically using the FORM
GST REG–26. Any information must be furnished within a period of three
months
- If the information is correct and
complete, the final GST registration will be given in FORM GST REG-06
- If the information is incorrect, the officer will issue a show-cause notice using FORM GST
REG-27. A reasonable opportunity of being heard will be given, after which
the provisional registration will be canceled through the FORM GST
REG-28
- If the applicant’s reply is
satisfactory, then the show cause notice issued can be nullified by issuing an
order via the FORM GST REG- 20
- The application for registration
made by a non-resident will be signed by his authorized signatory, who must be a
person resident in India with a valid PAN.
Note: EVC is Electronic
Verification Code, a new mode of electronic verification based on Aadhar card.
All forms uploaded in the GST Portal must either be signed or verified through
EVC.
Created & Posted by Pooja
Income Tax Expert at TAXAJ
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