In India, a GST refund must generally be filed within two years from the "relevant date" (e.g., date of payment, date of export, or end of the financial year), as per Section 54 of the CGST Act, 2017. Filing after this two-year period usually results in rejection, although exceptions exist for court-ordered refunds.
The claim has to be made before the expiry of two years from the last day of the quarter in which such supply was received. It may be noted that refund would be granted by central government as facility of a single UIN has been made available to such agencies. CBIC has issued instructions vide Circular No. F.
Did you know the ATO has a strict 4-year deadline on claiming GST credits? Don't let your business lose thousands in unclaimed cash. Read the Trinity Accounting Practice guide to Section 93-B and BAS compliance.
If you never received it, the CRA will accept refund claims up to 3 years later. This means that you could still receive your payment retroactively. A great accounting software program could help you find this information! Be sure to review your information thoroughly when filing tax returns.
Submitting a Claim for Refund
Generally, you must file a claim for a credit or refund within three years from the date you filed your original tax return or two years from the date you paid the tax, whichever is later.
You can make a claim for the current tax year and the previous 4 years.
The IRS has no maximum time limit when it comes to processing tax refunds, but after 45 days, it is required to pay interest on your refund. In most cases, you can expect the IRS to issue your tax refund within 21 days of filing your tax return.
Therefore, upon non –filing of GST returns or missing out the GST due dates, the GST law prescribes a general penalty. The maximum penalty that may be imposed is Rs. 5,000. The taxpayer will be required to pay interest on late payment of GST at a rate of 18% annually in addition to the late payment penalty.
Once four years have passed, neither party can typically reopen GST matters related to that period, except in the case of fraud or evasion. This creates a level of certainty that benefits everyone involved in the tax system.
Backdating your GST registration
Backdating a GST registration is limited to 4 years. This means, unless there is fraud or evasion: we can't backdate your GST registration by more than 4 years. you are not required to be registered before that date.
A person can apply for a refund of taxes, interest, or any other amount paid, within two years from the relevant date in the prescribed form (GST RFD-01) and manner. Either the date of receipt of convertible foreign exchange or the date of receipt of Indian rupees, if permitted by RBI.
Applicability of the Three-Year Rule
As per the advisory, no GST return can be filed after three years from its original due date.
By this update, taxpayers will not be able to file GST returns after three years from the due date of such return. The CBIC notified us of this change effective 1st October 2023, and the GSTN has now brought this validation live on the official GST portal starting from July 2025.
If you are yet to lodge your BAS for the tax period in which the GST credits could be claimed, you can claim the credits in that BAS. Your BAS must be lodged before the end of the 4-year credit time limit or you will lose your entitlement to the GST credits.
GST law also provides for grant of provisional refund of 90% of the total refund claim, in case the claim relates for refund arising on account of zero rated supplies. The provisional refund would be paid within 7 days after giving the acknowledgement.
Due Date to Claim Income Tax Refund:
You can claim an income tax refund after the end of the relevant assessment year. However, the following conditions will also apply to the tax refund claims: You can claim a tax refund on the income tax paid within six successive assessment years.
The application for a GST refund must be submitted using form RFD 01 within two years from the relevant date. The form also requires approval from a Chartered Accountant. There are also numerous online tools to calculate GST refund.
The 'five year rule' states that residential premises are not considered to be 'new' if they have been rented out as residential premises for five or more years since they first became residential premises, or were last built or substantially renovated.
What are the new GST rules from July 2025? From 1st July 2025, GSTR-3B cannot be edited after filing. GSTR-1A is introduced for corrections, and GST returns older than 3 years from the due date cannot be filed.
The penalty for late GST/HST filing is 1% of any amount you owe, plus an extra 0.25% for each full month your payment is overdue, up to 12 months. If the CRA issues a formal demand to file and you ignore it, they add another $250 penalty even if you don't owe any tax.
When can the GSTIN get suspended? A taxpayer's GST registration or GSTIN can be suspended when they fail to file their GST returns for six consecutive months as monthly filers and for two consecutive quarters as quarterly filers.
If you don't file GST, you will be liable to pay a penalty, and the amount of the penalty depends on the duration of the delay. The penalty for not filing GST returns is Rs. 50 per day for each return that has not been filed, subject to a maximum of Rs. 5,000.
The latest date, by law, you can claim a credit or federal income tax refund for a specific tax year is generally the later of these 2 dates: 3 years from the date you filed your federal income tax return, or. 2 years from the date you paid the tax.
The IRS is required to keep the filing open and hold on to unclaimed income tax refunds for three years. If you don't file for the tax refund after three years, the money becomes property of the US Treasury, and you won't be able to get it back.
Yes, the IRS can freeze your refund and ask you to file if you have an unfiled return from a past year, especially if the IRS projects that you will owe taxes on that past return. The IRS will hold your refund for six months while it requests a filed return from you.