Letter of undertaking under gst for export

Letter of undertaking under gst for export

What does LUT under GST mean?

LUT in GST: Full form/meaning is Letter of Undertaking. It is prescribed to be furnished in the form GST RFD 11 under rule 96 A, whereby the exporter declares that he or she will fulfill all the requirement that is prescribed under GST while exporting without making IGST payment.

Who needs to file LUT in Form GST RFD-11?

GST LUT is to be submitted by all GST-registered goods and service exporters. The exporters who have been prosecuted for any offense and tax evasions exceeding Rs 250 lakhs under CGST Act, the Integrated Goods, and Service Act, 2017, or any existing laws are not eligible to file the GST LUT. In such cases, they would have to furnish an Export bond.

Here the motive of the government was to expand the export base by providing relief for exports. GST experts from TAXAJ can help you with GST LUT filing or Export bond Filing.

Under CGST Rules,2017, any registered person can furnish an Export bond or LUT in GST RFD 11 without paying the integrated tax. They can apply for LUT if:

  • They intend to supply goods or services to India or overseas or SEZs
  • Are registered under GST
  • They wish to supply goods without paying the integrated tax.

Documents Required for LUT under GST

A LUT can be submitted by any individual who is registered under GST provided he has not been executed in case of tax evasion exceeding Rs.250 lakh or any other offense.

  • LUT cover letter - request for acceptance - duly signed by an authorized person
  • Copy of GST registration
  • PAN card of the entity
  • KYC of the authorized person/signatory
  • GST RFD11 form
  • Copy of the IEC code
  • Canceled Cheque
  • Authorized letter

Eligibility for Filing LUT in GST

Who can use a Letter of Undertaking (LUT)?

Any registered taxpayer who is into exporting goods and services can make use of the Letter of Undertaking. Any person who has been prosecuted for tax evasion for several Rs. 250 lakh or above is ineligible.

The validity of such LUTs is for one year, and an exporter is required to furnish a fresh LUT for each financial year. If the conditions mentioned in the LUTs are not satisfied within the specified time limit, then the privileges will be revoked, and the exporter will have to furnish bonds.

Other assesses should furnish bonds if the export is being made without the payment of IGST. LUTs / Bonds can be used for:

  • Zero-rated supply to SEZ without payment of IGST
  • Export of goods to a country outside India without the payment of IGST.
  • It is providing services to a client in a country outside India without paying IGST.

Export Bond for GST

Entities that are not eligible to submit a Letter of Undertaking based on the conditions mentioned will have to furnish an export bond and a bank guarantee. The applicant needs to cover the amount of tax involved in the export based on the estimated tax liability self-assessment.

Export bond should be furnished on non-judicial stamp paper of the value as applicable in the State in which the bond is being furnished.

Also, exporters can furnish a running bond, so that an export bond needs not to be executed for each export transaction. However, if the outstanding tax liability on exports exceeds the bond amount at any time, then the exporter must furnish a new bond to cover the additional liability.

A bank guarantee can be mandated along with an export bond. The value of the bank guarantee should usually not exceed 15% of the bond amount. However, based on the exporter's track record, the bank guarantee required to be submitted with the export bond can be waived off by the jurisdictional GST Commissioner.

Form for Bonds:

  • Registered Name
  • Address
  • Amount of bond furnished.
  • Date of furnishing
  • Amount of bank guarantee furnished.
  • Signature, date, and place
  • Details of witnesses (Name, address, and occupation)





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