LLP Annual Compliance
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For a Limited Liability Partnership (LLP), the returns shall be filed regularly for securing compliance and avoid the hefty penalties provided under the law for its non-compliances. An LLP has limited compliances to be ensured every year, which are immensely less as compared to the compliance obligations placed on the private limited companies. However, the fines and penalties are quite high. While non-compliance might only cost a private company rupees 1 lakh in terms of penalties and fines, it might cost an LLP up to 5 lakhs
An LLP is a separate legal entity; so, it is the responsibility of the designated partners to keep and maintain proper books of accounts and file an annual return with the Ministry of Corporate Affairs (MCA) annually. LLPs are not obliged to audit their accounts except where their annual turnover is more than forty lakh or if the contribution is more than twenty-five lakh. Therefore, an LLP is exempted from getting the books of accounts audited if the said conditions are fulfilled, making the process of the annual filings simpler.
LLPs in India are required to file an annual return within 60 days from the end of the financial year and statement of account & solvency within thirty days from the end of six months of the closure of the financial year. In addition to the annual return, LLPs are also required to file an income tax return every year mandatorily. K Alok & Associates provides complete LLP compliance services which include annual filing of LLP and complying with the filing of the income tax return.
Statements of Accounts and Solvency
All registered LLPs are obligated to have their books of accounts in place and fill in data for the profit made, and other financial data in regards to business, and submit it in Form 8 annually. Form 8 needs to be attested by the designated partners and should also be certified by a practising-chartered accountant or a practising company secretary or a practising cost accountant. Failure to file the statement of accounts & solvency report within the time limits prescribed tends to impose a fine of INR 100 per day.
Filing Annual Return
Annual Returns are required to be filed in the prescribed Form-11. This form aims to provide a summary of management affairs of an LLP, like numbers of partners along with their names. Form 11 is required to be filed by 30th of May every year. We can provide you expertise assistance in LLP annual return online filing in Delhi, India. Form 11 needs to be certified by a Company Secretary in whole-time practice if the total contribution of partners exceeds Rs. Fifty lakhs or turnover exceeds Rs. 5 crores,
Filing and Audit requirement under the Income Tax Act
As discussed earlier, LLPs whose turnover is more than forty lakh or whose contribution margin has exceeded twenty-five lakh have to get the books of account audited by a practising CA. The deadline to file the income tax return for an LLP which are liable to get his accounts audited is 30th of September of the relevant assessment year.
NEW WEB-BASED PROCESS OF FILING OF LLP ANNUAL FORMS ON THE MCA PORTAL
MCA has launched a V3 version for LLP Filings. Now, all LLP filings going forward will be web based. Due to the change of the MCA version from V2 Portal to V3 Portal, the LLP-11 and LLP-8 Forms shall be web-based. LLP-11 and LLP-8 are required to be filed according to section 35 of the LLP Act, 2008, read with rule 25 (1) of the LLP Rules, 2009.
It is not required first to download a blank LLP-11 and LLP-8 e-form from Portal. LLPs have to prepare the Form directly on the MCA website as a web-based form. The web form LLP Form No. 11 and Form No. 8 aims to simplify filing annual returns by LLP to the Registrar of Companies (ROC).
Check Point for LLP Annual Filing:
* Please ensure that the applicant of the webform is registered as a business user at the MCA Portal before filing the webform.
* Users have to keep in mind that filing of this Form will not be allowed in case there is any LLP Form No.4 (Notice of appointment, cessation, change in name/address/designation of Designated partner or partner and consent to become a partner/ designated Partner) pending of payment of fees or in under processing in respect of LLP.
About Web-based LLP-11:
Almost 80% of the information of the web-based LLP-11 Form shall be pre-filled by the system, like:
* Name of Partners/Designated Partners.
* Obligation of Capital Contribution of Partners as per LLP-3.
* Directorship of Partners/DP’s, etc.
Information required to fill in LLP-11:
* Capital Contributed by Partners/DP’s for year ended on 31st March.
* Address of Police Station.
* Business Classification (Like Business, Service, etc).
* Compounding or Penalties, if any, during the FY.
* Whether Turnover exceeds five crores or not.
About Web-based LLP-8:
Same as Form LLP 11, almost 80% of the information of the web-based LLP-8 Form shall be pre-filled by the system. Only the financial part is to be filed manually.
Process of filing of Form
* Complete filling of Form
* Submit the filled Form
* SRN number will get generated and communicated via SMS and mail
* Document and SRN number will be available in tab, My Application.
* The Form get auto-downloaded as a PDF in the system. This pdf file can be downloaded under “Download the PDF” from My Application against SRN number, in case the download is not done.
* Open the PDF in adobe.
* Affix the DSC as per the standard process
Process of Submitting/Uploading the Forms after affixing the Form
After signing the documents, the user will be required to upload the pdf document (with affixed DSC) on the MCA Portal against the SRN
* Go to My Application
* Check for relevant SRN
* Scroll right
* Click on the “Upload PDF” Option
* The user will be administered to a page where one can upload the “DSC affixed PDF document.”
Significant benefits enjoyed by Limited Liability Partnership are:
- LLP is a separate legal entity from its partners.
- LLP can quickly Transfer its ownership
- It has assets and liabilities that are distinctive from that of its promoters.
- It can raise funds from Banks, Partners and NBFCs.
LLP Annual Filings at K Alok & Associates
The compliances as mentioned are mandatory to be followed irrespective of turnover or number of transactions. Limited Liability Partnership, which is growing in the business world, has to bear the burden of numerous compliances to avoid the liability resulting from fines and penalties. Since LLP has to comply with way fewer compliances than the company, it is always good to file all the returns and forms before the due date to avoid hefty penalties with timely annual LLP compliance filing
We, at K Alok & Associates, help our clients stay fully compliant with all the provisions of filing the LLP annual return Online, other mandatory filings and compliances with the help of our professionally managed and high-quality team of experts.
Services
Business Incorporation & Compliance
Registration & Certification Services
GST Advisory & Compliance
Income Tax Advisory & Compliance
Accounting and Payroll Services
Audit & Assurance Services
International Tax Services
UAE Business Services
Financial Insights
Union Budget 2025: Direct Tax Comprehensive Overview
Detailed Summary of Recommendations from the 54th GST Council Meeting
Frequently Asked Questions
What are the mandatory annual filing compliances for an LLP?
An LLP is mandatorily required to file Form 8 and Form 11 annually.
Through Form 8, an LLP submits its Statement of Accounts and Solvency to the registrar, and it needs to be filed within 30 days from the end of 6 months of the financial year ending (30th October).
The annual return of an LLP is filed in LLP Form 11, and its due date is 60 days from the end of each financial year (30th May).
Do LLPs have to file their income tax return separately from their partners?
Yes, an LLP needs to file its income tax return separate from its partners as it is a separate legal entity.
When does an LLP need to be audited?
An LLP needs to get its accounts audited for the financial year in which its turnover exceeds Rs 40 lakhs, or its contribution exceeds Rs 25 lakhs.
What are the additional fees provisions for late filing of LLP Form 8 and LLP Form 11?
If an LLP fails to file Form 8 or 11 within its due date, Rs 100 will be charged additionally for each day of delay.
When do I need to file the statement of accounts and annual return of the LLP if it is incorporated at the end of the financial year?
An LLP can file its statement of accounts and annual return of 18 months period for its first financial year filing. It means if an LLP is incorporated on or after the 1st day of October, it can close its financial year in the next year and consequently file its forms in the next year.
Do I need to file the LLP annual forms if the LLP has not conducted any business in a financial year?
Yes, the requirement of filing LLP Form 8 and 11 is a mandatory requirement, irrespective of whether the LLP has conducted any business or not.
What is the penalty for non-compliance for an LLP?
The penalty for non-compliance by an LLP varies depending on the specific non-compliance, but it can include fines, legal action, and even dissolution of the LLP.
What is the responsibility of designated partners in LLP?
Designated partners in an LLP are responsible for ensuring compliance with the LLP agreement and all statutory requirements.
Are LLPs required to Audit their Accounts?
LLPs are required to audit their accounts if their annual turnover exceeds Rs. 40 lakhs or if their total capital contribution exceeds Rs. 25 lakhs.
What is the deadline for filing an annual return for an LLP?
The deadline for filing an annual return for an LLP is within 60 days from the end of the financial year.
What is Form 8, and who needs to Certify it?
Form 8 is the statement of account and solvency that needs to be filed annually by LLPs, and it must be certified by the designated partners of the LLP.
What is Form 11, and when does an LLP need to file it?
Form 11 is an annual return, which must be filed by every LLP within 60 days of the end of the financial year.
What is the deadline for filing the income tax return for an LLP?
The deadline for filing income tax return for an LLP is July 31st of each assessment year.
Do LLPs need to appoint an auditor for Annual Filing?
The requirement for appointing an auditor for LLP annual filing depends on the LLP’s turnover or capital contributions. In some cases, LLPs may be exempt from appointing an auditor if they meet certain criteria. It is advisable to consult the relevant regulatory authorities or seek professional advice to determine the specific audit requirements.
Can an LLP revise its annual filing documents?
No it’s not allowed, you can not file revised annual return if filed.