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What is a GST license and why do you need one ?

What is a GST license and why do you need one ?

By Sahil Thakur

·

19th Apr, 2024

·

4 min read

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What is GST registration?Who needs to register for GST?Who is eligible for GST Registration?Mandatory vs. Voluntary RegistrationSpecific Cases Requiring RegistrationWhat documents are needed for obtaining a GST License?What is involved in the registration process?What are the benefits of obtaining GST Registration?Consequences of Non-Registration or Non-ComplianceConclusion

Ever noticed a receipt after a shopping spree, wondering where that additional tax came from? That's likely GST, the Goods and Services Tax, a common expense for Indian consumers.

But for businesses, the world of GST can be a whole new ball game. To charge taxes, they need to take a “GST License” which is a bit of an exhaustive process.

So in this blog post, we'll break down everything you need to know about GST registration, clearly and concisely.

What is GST registration?

Imagine a marketplace where every single business deal in India happens. This marketplace is the GST system, introduced in 2017 to make things simpler. Here's how it works:

  • The government charges a tax (GST) on things you buy and sell (goods and services).

  • Businesses that sign up for GST collect this tax from their customers and send it to the government.

  • Here's the cool part: businesses can get money back for the GST they already paid on things they bought for their business (like supplies for a manufacturer or rent for a shop). This is called Input Tax Credit (ITC).

Think of it like this: you buy flour to bake yummy cookies (good!). But you also pay GST on that flour (not so good!). But when you sell your cookies, you collect GST from the customer (fair enough).

Since you already paid GST on the flour, you can get that money back from the government (yay, ITC!). This way, the final cost of GST falls on the person who buys the cookies, and businesses don't get taxed twice on the same thing.

So, GST registration is basically your business's way of joining this giant marketplace. It lets you collect GST, get ITC back, and become a part of the official tax system.

Who needs to register for GST?

Now that we've shed some light on the GST Act and registration process, the next question is: Does your business actually need a GST license? Not every business owner needs to understand the full GST landscape.

Here's a breakdown of who typically needs to register for GST:

  • Businesses exceeding a certain turnover threshold: The threshold varies depending on your location. In most states, it's ₹40 lakh annual turnover for goods and ₹20 lakh for services (combined for goods and services). However, some special category states have a lower threshold of ₹10 lakh.

  • Making interstate supplies: Even if your turnover is below the threshold, if you're supplying goods or services across state borders, you'll need to register for GST.

  • Certain specific categories: Even with a lower turnover, some businesses might need to register under the reverse charge mechanism or they act as an agent for a taxable supplier.

If you're unsure whether your business falls under these categories, don't worry! We'll explore how to find out definitively in a later section.

Who is eligible for GST Registration?

Understanding who qualifies for GST registration is crucial. Think of it as having a map to navigate the GST maze efficiently. In this section, we'll break down the eligibility criteria:

Limits for Registration

The first step is understanding the turnover thresholds. These are the annual sales figures above which GST registration becomes mandatory.

1. Standard Thresholds: In most Indian states, the threshold for registering for GST is:

  • ₹40 lakhs for businesses supplying goods
  • ₹20 lakhs for businesses supplying services (or a combined turnover of ₹20 lakhs for businesses supplying both goods and services)

2. Special Category States: Some states, like those in the northeast and some hill states, have a lower threshold of ₹10 lakh.

Mandatory vs. Voluntary Registration

Not everyone exceeding the threshold necessarily needs a GST license. There are two scenarios:

  • Mandatory Registration: If your business turnover is above the threshold limits mentioned earlier, registering for GST becomes mandatory.

  • Voluntary Registration: Even if your turnover falls below the threshold, you can still opt for voluntary GST registration. This can be beneficial for claiming input tax credits on purchases made for your business, which can ultimately reduce your tax burden.

Specific Cases Requiring Registration

There are a few additional scenarios where GST registration becomes mandatory even if your turnover is below the threshold:

  • Making Interstate Supplies: Supplying goods or services across state borders triggers mandatory GST registration, regardless of your turnover.

  • Reverse Charge Mechanism: Certain types of supplies might fall under the reverse charge mechanism, where the recipient of the goods or services has to pay the GST instead of the supplier. In such cases, registration might be mandatory even with a lower turnover.

  • Acting as an Agent: If your business acts as an agent for a taxable supplier, you might need to register for GST.

What documents are needed for obtaining a GST License?

Now that you understand your eligibility for GST registration, it's time to explore the next step: obtaining your GST license, officially known as a GST Registration Certificate. The specific documents required might vary slightly depending on your business structure (proprietorship, partnership, company, etc.), but here's a general checklist to get you started:

  • Proof of PAN (Permanent Account Number): This is a crucial document for tax purposes in India, and it's required for GST registration as well.

  • Proof of Business Registration: Depending on your business structure, this could be documents like a Certificate of Incorporation, Partnership Deed, or a copy of your shop establishment license.

  • Identity and Address Proof: Documents like PAN card, Aadhaar card, passport, or voter ID card will be needed for the business owner(s) and authorized signatories.

  • Address Proof for Place of Business: Documents like a property tax receipt, electricity bill, rent agreement, or ownership deed can serve as proof of your business address.

  • Bank Account Details: You'll need to provide details of your business bank account.

What is involved in the registration process?

Having your documents in order is key, but what about the actual registration process? Here's a simplified overview to understand how to register for GST:

  • Online Registration Portal: GST registration is done entirely online through the official GST portal (https://www.gst.gov.in/).

  • Verification Process: Once you submit your application and documents, there will be a verification process by the authorities.

  • Issuance of GSTIN (GST Identification Number): Upon successful verification, you'll receive your GSTIN, which is your unique identification number within the GST system.

What are the benefits of obtaining GST Registration?

Now that you've explored the eligibility criteria, the documents required, and a glimpse of the registration process, let's delve into the key benefits of obtaining a GST license:

  • Legal Compliance and Credibility: Possessing a GST license signifies your business adheres to GST regulations. This enhances your credibility and fosters trust with potential clients and partners.

  • Availing Input Tax Credit: One of the biggest advantages of GST registration is claiming input tax credit (ITC). This allows you to claim credit for the GST you've paid on purchases made for your business, effectively reducing your overall tax burden.

  • Facilitating Interstate Trade: If you envision supplying goods or services across state borders, a GST license is mandatory. It streamlines the process, eliminating the need for separate permits for each state.

  • Participating in E-commerce Platforms: Many e-commerce platforms require sellers to have a GST registration. This ensures smooth functioning within the online marketplace.

  • Improved Business Reputation: Voluntarily registering for GST even if your turnover is below the threshold can portray your business in a positive light. It demonstrates a commitment to transparency and compliance.

  • Eligibility for Government Schemes: Certain government schemes and subsidies might be exclusively available to GST-registered businesses.

Consequences of Non-Registration or Non-Compliance

Understanding the GST licensing requires awareness of the potential consequences of not registering or failing to comply.

Here's a breakdown of some key areas:

  • Penalties and Fines: Indian tax authorities can impose significant penalties for non-registration, non-filing of returns, late payment of tax, and issuing incorrect invoices. These penalties can be a fixed amount or a percentage of the tax owed, depending on the offence.

  • Legal Repercussions: In severe cases, legal action can be taken under the provisions of the GST Act. This could include business closure or even imprisonment, depending on the severity of the offence.

  • Impact on Business Operations: Without a GST license, you lose access to input tax credit benefits, potentially increasing your tax burden. Additionally, interstate trade becomes difficult, and some e-commerce platforms might restrict your participation.

  • Damage to Reputation: Non-compliance can seriously damage your business reputation, signalling a lack of transparency and potentially deterring potential clients or partners.

Conclusion

GST registration is not only a legal requirement but also a strategic business advantage in the GST regime. It ensures compliance, enables smoother tax credit systems, and enhances the credibility of the business. Businesses are encouraged to register and comply with the GST regulations to avoid penalties and leverage the benefits offered by the system. This encourages a transparent, compliant, and competitive business environment.

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Sahil Thakur
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Head of Investments - Mumbai
About

Sahil has been in the Commercial Real Estate Industry for more than 10 years and loves talking to new people. Biker boy with and incredible sense of humor!