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Gst registration for llp

Krishna Chaitanya (Software Professional) (23 Points)

19 March 2019

Hello ,

I have setup a software services LLP on 19th Feb 2019. Yet to open the bank account. Below are my questions on the GST, please do clarify.

1. Do I need GST registration even if my LLP turnover is less than 20 LAKHS per anum?

2. I may get some amount from US for the services provided by our corporation. But the amount will be less than 20 lakhs. Still I need to do the GST registration?

3. If I receive some amount from US from an individual for providing him some personal services, then GST is applicable? if so how to know that?

4. If I do the GST registration, as the income is less, is it fine if I file the nil GST return every month by my own using online website instead of approaching a CA?

Thanks in advance !

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1 Replies

Noor arora (student) (126 Points)
Replied 19 March 2019

1. Mere local provision of services of less than threshold limit does not require reg under GST.

2. Section 2(6) of IGST Act: Definition of “Export of Services”

“export of services” means the supply of any service when,-

(i) the supplier of service is located in India;

(ii) the recipient of service is located outside India;

(iii) the place of supply of service is outside India;

(iv) the payment for such service has been received by the supplier of service in convertible foreign exchange [or in Indian rupees wherever permitted by the Reserve Bank of India]$1; and

(v) the supplier of service and the recipient of service are not merely establishments of a distinct person in accordance with Explanation 1 in section 8.

If ur services qualify for export, it will be treated as inter state supply so u need to get compulsory registration under sec 24 of CGST Act.

3. If ur services qualify as export, it will be treated as zero rated supply thereafter u have 2 options....file LUT or pay GST n claim refund.These are zero-rated and input taxes paid will be allowed as a refund.I think gst @ 18% is applicable for software.

4. If u get GST registeration and have turnover ,even if less than 20 lacs,u cant file nil return.U have to show ur export and local turnover accordingly.