If a business is not registered for GST, they cannot legally charge GST on invoices or issue "Tax Invoices". Invoices must be labeled just "Invoice," with no GST component included. Charging GST while unregistered requires refunding the customer and may result in penalties, audits, or reputational damage.
If you're not registered for GST, your invoices should not include the words 'tax invoice' – you must issue standard invoices. We have examples of how tax invoices can look, including what information needs to be included on them – see, Tax invoices.
GST Invoice Format and Mandatory Details It Must Include
The invoice number and the date of the invoice. Name, address, and GSTIN of the supplier. Name, address, and GSTIN of the recipient (if registered)
Heavy Penalties and Fines
If you are liable to register for GST but fail to do so, you are considered in violation of GST law. As per the GST Act: A penalty of ₹10,000 or 10% of the tax due, whichever is higher, is applicable. If tax evasion is found to be intentional, the penalty can go up to 100% of the tax due.
Businesses that aren't registered for GST don't need to give regular (non-tax) invoices – but it's good practice to give one. By law, you must still give customers a receipt if the goods or services were over $75 or they ask for one.
According to the current GST regulations, businesses that have an annual turnover below the prescribed threshold can issue invoices without adding GST.
If they are not registered, update the supplier's contact record in your accounting software and change the tax rate accordingly. Request revised invoices from the supplier that exclude GST. If GST was paid in error, request a refund or credit from the supplier.
You have to start charging GST/HST on the supply that made you exceed $30,000. You exceed the $30,000 threshold 1 over the previous four (or fewer) consecutive calendar quarters (but not in a single calendar quarter).
An unregistered person may supply goods on ordinary commercial invoices and he cannot issue tax invoice.
Information needed to generate an invoice
For starters, most invoices should contain the following data: The issue date, payment due date and NET terms. Sender and recipient names and contact information. A unique and identifiable invoice number (for auditing)
If the Tax Invoice is not issued by the supplier timely, the recipient will not get the GST Credit on Input and hence, such credit can not be adjusted with the GST Outward Liability and hence, it will directly effect on the Working Capital.
Each GST bill must have its specific number. This number must be serial and can include letters, numbers, or special characters like a dash or a slash (e.g., INV/001 or 2025-001). Along with this, the date on which the invoice is issued must also be clearly mentioned.
GST invoices must include invoice number, date, customer and supplier GSTIN, place of supply, and detailed item descriptions. For unregistered recipients with invoice value over Rs. 50,000, additional recipient details are mandatory.
Businesses are required to register for GST and pay tax on their annual turnover if their annual revenue exceeds Rs. 40 lakhs in the case of goods supplied and Rs. 20 lakhs for the supply of services.
If you don't register for GST and are required to, you may have to pay GST on sales made since the date you were required to register. This could happen even if you didn't include GST in the price of those sales. You may also have to pay penalties and interest.
In India, businesses with annual turnover over Rs. 40 lakhs (Rs. 20 lakhs in special category states) must register for GST.
You must register for GST if: your business has a GST turnover of $75,000 or more. your non-profit organisation has a GST turnover of $150,000 or more.
If the ATO discovers you've been charging GST without being registered, you could face: Refunding GST to Customers: You'll need to pay back the GST you've charged, even if you've already spent it. Financial Penalties: The ATO may hit you with fines, interest charges, and audits.
As per Sec 9(4) of CGST Act, if a registered person purchases goods/services from an unregistered dealer (URD) then the registered taxpayer is liable to pay GST on reverse charge basis( only for certain goods/services & registered persons).
Requirements if not GST registered
If your organisation is not registered for GST, the invoice requirements is the same above except for the Tax Invoice should be changed to 'Invoice'. You don't need to show the GST Number, the Subtotal and Total GST. Change Total Amount to show Total Amount (excl GST).
Non/Late Payment
A 5% penalty will be levied on the amount of tax unpaid by the due date and an additional penalty of 2% per month on tax remaining unpaid after 60 days from the due date of the prescribed accounting period (capped at a maximum of 50% of the outstanding tax) may also be imposed.
Rule 37A of GST provides that the GST-registered buyers of goods and services must reverse Input Tax Credit (ITC) claimed before when their corresponding supplier fails to deposit such taxes in their GSTR-3B within a defined time.
GST – Cash or Accrual
Those on an accrual basis will pay GST on their outstanding invoices when they lodge their BAS for the period when the invoice was raised. Those on a cash basis will pay the GST when they lodge their BAS for the period that they get paid for the invoice.