Difference between a Casual Taxable Person and Non-resident Taxable Person under GST
We live in Mumbai, India. We have no permanent fixed office or business place. We do business very rarely. Which category of GST taxable people are we? I reside outside India and do business in India rarely without any fixed office premises or factory. Are we fall under GST taxable person?
Who are non-resident taxable person? How to define Casual Taxable person? What is the difference between non-taxable person and casual taxable person?
As per GST Law, a casual Taxable Person has been defined in Section 2 (21) of GST Law. Casual Taxable Person under GST in India means a person who occasionally undertakes transactions in a taxable territory where he has no fixed place of business.
Here, a casual taxable person does not have fixed office or factory or any other place of business. Normally most of the business people who undertake business very rarely may not keep any permanent office set up or other place of business. Although such traders or other business people do business transaction irregularly, they are liable to pay GST if they are taxable person under GST Law. Such categories of taxable person is called Casual Taxable Person under GST Law in India.
What is the validity period of GST certificate of registration for a casual taxable person?
The validity period of GST certificate of registration for casual taxable person shall be valid for a period of ninety days from the effective date of registration. However, the proper officer, at the request of the said taxable person, may extend the validity of the aforesaid period of ninety days by a further period not exceeding ninety days.
Is there any Advance tax to be paid by a Casual Taxable Person at the time of obtaining registration?
While a normal taxable person does not have to make any deposit of money to obtain registration, since it is a special category of taxable person, a casual taxable person or a non-resident taxable person shall, at the time of submission of application for registration under sub-section (1) of section 19, make an advance deposit of tax in an amount equivalent to the estimated tax liability of such person for the period for which the registration is sought. If registration is to be extended beyond the initial period of ninety days, an advance additional amount of tax equivalent to the estimated tax liability is to be deposited for the period for which the extension beyond ninety days is being sought.
Who are non-resident Taxable persons?
A non-resident taxable person comes to India occasionally and conduct business in India. A non-taxable person may not have fixed place of business in India.
As per GST Law of India, a taxable person residing outside India and coming to India to occasionally undertake transaction in the country but has no fixed place of business in India is a non-resident taxable person in terms of Section 2 (69) of the GST Law.
What is the validity period of GST certificate of registration for a non-resident taxable person?
The validity period of GST certificate of registration for non-resident taxable person shall be valid for a period of ninety days from the effective date of registration. However, the proper officer, at the request of the said taxable person, may extend the validity of the aforesaid period of ninety days by a further period not exceeding ninety days.
Is there any Advance tax to be paid by a non-resident Taxable Person at the time of obtaining registration under this Special Category?
While a normal taxable person does not have to make any deposit of money to obtain registration, since it is a special category of taxable person, a casual taxable person or a non-resident taxable person shall, at the time of submission of application for registration under sub-section (1) of section 19, make an advance deposit of tax in an amount equivalent to the estimated tax liability of such person for the period for which the registration is sought. If registration is to be extended beyond the initial period of ninety days, an advance additional amount of tax equivalent to the estimated tax liability is to be deposited for the period for which the extension beyond ninety days is being sought.
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