Every LLP must file its annual returns and financial statements on time. Non-compliance can lead to penalties reaching up to ₹5 lakh. These filings are a part of the LLP’s annual compliance obligations.”
Limited Liability Partnerships (LLPs) in India are required to adhere to specific annual compliance obligations to maintain their legal standing and avoid penalties. These obligations include filing necessary documents with the Ministry of Corporate Affairs (MCA) and ensuring proper maintenance of financial records.
Filing of Annual Return (Form 11): LLPs must file an annual return with the MCA for each financial year using Form 11. This form gathers essential details about the LLP, including the total number of designated partners, comprehensive partner information, contributions received by partners, and a summary of all partners involved.
Filing of Statement of Account & Solvency (Form 8): LLPs are required to file a Statement of Account & Solvency with the MCA. This statement includes financial figures such as the balance sheet and profit and loss account, along with a declaration of solvency.
Income Tax Return Filing: LLPs must file their income tax returns using ITR-5. The filing deadline is July 31st for non-audited accounts and October 31st for audited accounts. If the annual turnover exceeds ₹60 lakh, the LLP is required to have its accounts audited.
An LLP is mandated to get its accounts audited if:
These thresholds determine the necessity for an audit under the LLP Act, 2008.
Note: These are the general compliance requirements. It’s advisable to consult our tax advisor at Finlegal Forte for the latest regulations and specific needs of your LLP.
Maintaining proper annual filing compliances for your LLP offers several advantages:
An LLP Annual Return is a report filed with the MCA that provides a comprehensive overview of the LLP’s activities for the previous financial year. It includes details about the LLP’s partners, their contributions, financial performance, and any changes in the LLP’s structure or operations during the year. There are two main forms associated with LLP annual returns:
The due date for filing the LLP Annual Return (Form 11) is typically within 60 days of the closure of the financial year. Since all LLPs are mandated to have a financial year ending on March 31st, the due date for filing the Annual Return usually falls on May 31st of each year.
Form 11 LLP is the primary document for filing your LLP’s annual return with the Ministry of Corporate Affairs (MCA). It captures crucial information about the LLP’s activities during the previous financial year. The due date for filing Form 11 is typically within 60 days of the closure of the financial year. As per the standard financial year for LLPs in India ending on March 31st, the due date for Form 11 submission falls on May 31st of each year. Filing Form 11 after the due date attracts a penalty fee. The penalty amount increases with the delay in filing. Here’s a breakdown of the late fees associated with Form 11:
Form 8, also known as the Statement of Account and Solvency, is a crucial part of an LLP’s yearly compliance. It gives an overview of your LLP’s financial position and confirms that the business is solvent. Form 8 has a different due date than Form 11. It must be submitted within 30 days after the end of six months from the close of the financial year. Since most LLPs close their books on March 31st, the due date usually falls on October 30th each year. Missing the deadline for Form 8 can result in penalties. While the Ministry of Corporate Affairs (MCA) does not publicly outline the exact fee structure, the late fee generally increases the longer the delay:
So, it’s best to file on time to avoid unnecessary charges.
Every LLP must file its income tax return just like any other business. However, whether your LLP needs a tax audit depends on its turnover and capital contribution:
Here’s a simple checklist of documents you’ll need for submitting your annual forms:
Every LLP registered in India must fulfill certain yearly compliance tasks to stay legally compliant. These include:
Submitting the Annual Return (Form 11) to the Ministry of Corporate Affairs (MCA).
Filing the Statement of Account and Solvency (Form 8) with the MCA.
Filing income tax returns with the Income Tax Department.
Conducting a tax audit if the LLP’s turnover or capital contribution exceeds the prescribed limits.
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If an LLP fails to submit the required forms on time, it may face financial penalties. These typically include a fixed fine and additional charges that accumulate for each day of delay until the forms are properly filed. Let me know if you’d like variations in tone or format!
Yes, an audit becomes compulsory if an LLP’s annual turnover crosses ₹40 lakh or if the partners’ total capital contribution goes beyond ₹25 lakh in the preceding financial year.
In addition to the financial data, Form 8 should also include specifics about any loans taken or given, investments made, and the capital accounts of the partners.
Yes, Form 8 should also include information such as the LLP’s investment details, any outstanding loans, and the capital contribution made by each partner.
Form 11 is the Annual Return that an LLP must file with the Ministry of Corporate Affairs. It gives a summary of the LLP’s operations over the past financial year, including information about the partners, their capital contributions, and any modifications in the LLP’s structure.
If Form 11 is not filed by the due date, the LLP will incur penalty charges that escalate depending on the length of the delay.
LLPs are required to file income tax returns annually, regardless of whether they have income or profits.
LLPs must conduct an audit if their turnover exceeds ₹40 lakh or their capital contribution surpasses ₹25 lakh, and they are required to file tax returns based on the audited accounts.