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

1. 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.

1. The application must be duly signed or verified through EVC.

1. It must be submitted at least five days prior to the commencement of business.

1. 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).

1. 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:

1. 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

1. If the information is correct and complete, the final GST registration will be given in FORM GST REG-06

1. 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

1. 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

1. 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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