Introduction
The first year of a new business is often characterised by significant expenses and minimal revenue. The business incurs costs on setup, equipment, rent, and professional fees. The question that arises is: How should a new business file GST returns when it has expenses but no revenue?
This guide explains the GST return filing requirements for new businesses, the treatment of ITC on first-year expenses, and the compliance obligations.
Legal Framework: Section 39 and Section 54 of the CGST Act, 2017
Filing of Returns
Under Section 39, the new business must file GSTR-1 (nil, if no outward supplies) and GSTR-3B (reporting ITC on expenses) for every tax period.
ITC on First-Year Expenses
The business can claim ITC on eligible expenses, including:
- Office rent and utilities
- Equipment and furniture
- Professional fees
- Software licenses
- Marketing expenses
Refund of Accumulated ITC
Where there is no output tax liability, the ITC accumulates. The business can apply for a refund under Section 54 in eligible cases.
Compliance Obligations
Filing Nil GSTR-1
Where there are no outward supplies, file a nil GSTR-1.
Filing GSTR-3B with ITC
Report the ITC on expenses in GSTR-3B. The ITC is credited to the electronic credit ledger.
Maintaining Records
Maintain accurate records of all expenses and invoices.
Best Practices
- File returns on time, even if they are nil.
- Claim ITC only on eligible expenses.
- Maintain a systematic record of all invoices.
- Monitor the accumulation of ITC.
- Apply for a refund when eligible.
- Seek professional assistance for complex ITC claims.
Conclusion
New businesses with first-year expenses must file GST returns and report the ITC on eligible expenses. The accumulated ITC can be used against future liabilities or claimed as a refund. Timely compliance is essential to preserve the ITC benefit.
New business with first-year expenses? Anuj Desai & Associates provides expert guidance on GST return filing and ITC management. Contact us today.
Contact us:
- Email: office@anujdesaiassociates.com
- Phone: 9619456656
- Website: https://anujdesaiassociates.com
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