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GSTR-5 and GSTR-5A: Returns for Non-Resident Taxable Persons and OIDAR Suppliers

Complete guide to GSTR-5 and GSTR-5A returns for Non-Resident Taxable Persons and OIDAR service providers with due dates and filing process.

14 Aug 20263 min read

Non-Resident Taxable Persons (NRTPs) and OIDAR (Online Information and Database Access or Retrieval) service providers have specific GST return forms designed for their unique compliance requirements. GSTR-5 is for non-resident taxable persons, while GSTR-5A is specifically for OIDAR service providers.

This comprehensive guide covers the applicability, due dates, filing process, and compliance requirements for both GSTR-5 and GSTR-5A.

GSTR-5: Return for Non-Resident Taxable Persons

What Is GSTR-5?

GSTR-5 is the GST return that must be filed by every registered non-resident taxable person. It covers the period for which the non-resident is registered in India.

Who Must File GSTR-5?

GSTR-5 must be filed by:

  • Non-resident taxable persons (foreigners) who are registered under GST in India
  • Persons who occasionally undertake transactions involving supply of goods or services in India
  • Persons who have no fixed place of business in India

Due Date for GSTR-5

GSTR-5 must be filed by the 20th of the next month or within 7 days after expiry of registration.

GSTR-5 Filing Process

The filing process for GSTR-5 is similar to GSTR-3B but specifically designed for non-resident taxpayers.


GSTR-5A: Return for OIDAR Service Providers

What Is GSTR-5A?

GSTR-5A is a GST return that must be furnished by Online Information and Database Access or Retrieval (OIDAR) services providers. It is specifically for non-resident OIDAR service providers who supply digital services to unregistered persons in India.

Who Must File GSTR-5A?

GSTR-5A must be filed by:

  • Non-resident Online Information and Database Access or Retrieval (OIDAR) services providers
  • Foreign OIDAR service providers who supply digital services to unregistered individuals or non-taxable persons in India

Important: OIDAR service providers who supply online information or database access or retrieval services from outside India file GSTR-5A, not GSTR-5.

Due Date for GSTR-5A

GSTR-5A must be filed by the 20th of the following month.

Filing of GSTR-5A Is Mandatory

Filing of GSTR-5A is mandatory for eligible OIDAR service providers.

GSTR-5A Filing Process

GSTR-5A is a monthly GST return that foreign OIDAR service providers must file. It captures details of:

  • Digital services supplied to unregistered persons in India
  • Taxable value of such services
  • GST collected and paid

Key Differences: GSTR-5 vs GSTR-5A

AspectGSTR-5GSTR-5A
ApplicabilityNon-Resident Taxable PersonsOIDAR Service Providers
NatureGeneral return for non-residentsSpecific return for OIDAR services
RecipientsAll recipientsUnregistered persons in India
Due Date20th of next month / 7 days after registration20th of following month
FrequencyMonthlyMonthly

Common Compliance Issues

1. Confusion Between GSTR-5 and GSTR-5A

OIDAR service providers must file GSTR-5A, not GSTR-5.

2. Missing the Due Date

Both GSTR-5 and GSTR-5A have strict due dates. Late filing attracts penalties.

3. Incorrect Classification of Services

Ensure services are correctly classified as OIDAR services or other services.

4. Not Registering for GST

Non-resident taxable persons and OIDAR service providers must register for GST before making supplies in India.


Need assistance with GSTR-5 or GSTR-5A filing for your non-resident business? Our expert team provides comprehensive compliance services for international taxpayers.

Contact Anuj Desai & Associates: šŸ“§ Email: office@anujdesaiassociates.com šŸ“ž Phone: 9619456656 🌐 Website: https://anujdesaiassociates.com šŸ”— LinkedIn: linkedin.com/in/ca-anuj-desai-122547230

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