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Annual Filing for LLP - An Overview
Is your business registered as a Limited Liability Partnership (LLP)? Facing challenges in meeting LLP annual compliance? Leave your concerns to professionals at Fastzeal, where we ensure seamless and timely annual filing for LLP.
An LLP is a separate legal entity registered under the Ministry of Corporate Affairs (MCA) in India. To remain compliant, LLPs must complete their annual filing, which includes submitting income tax returns and annual returns to the MCA. These filings are mandatory to maintain the LLP’s legal status and prevent penalties.
Every LLP requires at least two partners, one of whom must be an Indian resident. It is their responsibility to maintain accurate bookkeeping and adhere to compliance requirements, ensuring the LLP's credibility and smooth operations.
Are you concerned about the complexities of LLP return filing? Get in touch with the Fastzeal team for expert assistance in annual LLP compliance.
Advantages of Annual Filing for LLP
1.
Enhanced Credibility
Annual return filing strengthens an LLP's credibility, enhancing its
reputation in the market. This can lead to easier loan approvals and better
relationships with stakeholders.
2.
Financial Record Maintenance
Timely compliance establishes a reliable financial record, making the LLP
more attractive to investors and business partners.
3.
Active Status and Avoiding Penalties
Regular annual filing ensures that the LLP remains active and is not
declared defunct, helping it stay penalty-free and avoid additional fees.
4.
Simplified Business Conversion and Closure
Maintaining compliance with annual filing requirements makes it easier for
LLPs to convert to other business structures or wind up operations efficiently.
5.
Legal Protection
Ensuring compliance protects LLP partners from liabilities and potential
disputes, ensuring smooth business operations.
Eligibility Criteria for Annual Compliance of LLP
1. Maintenance
of proper books of accounts
2. Filing
of Annual Return (Form 11)
3. Filing
of Statement of Accounts (Form 8)
4. Filing
of Income Tax Return (ITR-5)
5. Filing
of Tax Audit Report (if applicable)
6. LLP
must have a valid LLP Identification Number (LLPIN)
7. Digital
Signature Certificate (DSC) of a designated partner
8. Clean
legal history with no pending bankruptcy cases
Documents Required for Annual Return Filing for LLP
1. Bank statements for all LLP accounts (April 1 to March 31 of the financial year)
2. Credit card statements (if partners incur expenses on behalf of LLP)
3. Invoices for purchases and sales
4. Invoices for business expenses
5. Copies of GST, VAT, or other tax returns (if applicable)
6. Copies of TDS challans (if applicable)
Process of Annual Filing for LLP
Step 1: Preparation of Financial Statements
Gather and compile financial statements for the financial year, including the balance sheet and profit & loss statement.
Step 2: Filing of Form 8
Form 8 must be submitted within 30 days from the end of six months after the financial year, typically by October 30th. This form includes financial details and the LLP’s solvency status.
Step 3: Filing of Form 11
Form 11 must be filed within 60 days from the end of the financial year, usually by May 30th. It provides information about the LLP, including partner details and contributions.
Step 4: Maintaining Digital Signature Certificate (DSC)
Designated partners must hold a valid DSC to sign and submit the required forms electronically.
Step 5: Payment of Fees
Necessary payments must be made along with the forms to complete the annual filing process.
Step 6: Submission to MCA
All required forms must be submitted through the MCA portal within the due date to avoid penalties.
Key Features of Annual LLP Compliance
1. Avoidance
of Penalties: Non-compliance can result in fines ranging from INR
25,000 to INR 5,00,000.
2. Mandatory
Filings: LLPs must file annual returns even if no business activity
has taken place.
3. Simplified
Compliance: Audit exemption applies if turnover is below INR 40 lakh
or partner contributions are under INR 25 lakh.
4. Regulatory
Alignment: Ensures transparency and accountability to stakeholders.
5. Legal
Standing: Protects LLP from penalties, loss of credibility, and legal
complications.
Types of Annual Filings for LLP
1. Annual Return (Form 11)
1. Must
be filed within 60 days of the end of the financial year (by May 30th).
2. Contains
a summary of LLP management affairs.
3. Non-compliance
leads to a daily penalty of INR 100.
2. Statement of Accounts & Solvency (Form 8)
1. Filed
within 30 days from the end of six months after the financial year (by October
30th).
2. Must
be signed by designated partners and certified by a professional (CA/CS/CMA).
3. Income Tax Return (ITR-5)
1. Filing
deadline: July 31st (if audit not required) or September 30th (if audit
required).
2. LLPs
exceeding INR 40 lakh turnover or INR 25 lakh contribution must get audited.
4. KYC Compliance
1. Partners
must file KYC before September 30th each year.
LLP Annual Compliance Filing Calendar
Form Type |
Description |
Due Date |
Filed With |
Form-8 |
Filing
of Statements of Accounts |
30th
October |
Registrar
of Companies |
Form-11 |
Filing
of Annual Returns |
30th
May |
Registrar
of Companies |
ITR-5 |
Income
Tax Return |
31st
July / 30th September (if audit required) |
Income
Tax Department |
Audit |
Tax
audit (if applicable) |
30th
September |
Income
Tax Department |
Why Choose Fastzeal for LLP Annual Filing?
1. Expert
Consultation
Over 10 years of experience in hassle-free LLP
compliance and filing.
2. Time
Efficiency
Ensures a smooth and timely annual filing
process.
3. Minimal
Paperwork
Supports preparation and submission of error-free
documentation.
4. High
Compliance Success Rate
97% compliance success rate in ensuring LLPs meet
statutory obligations.
5. Tailored
Solutions
Expertise in industry-specific compliance needs.
6. 24/7
Support
Round-the-clock assistance with a 99% query
resolution rate
Frequently Asked Questions:
Yes, filing of annual return for LLP mandatory in India in order to prepare and submit their annual ROC forms to the Registrar of Companies.
The MCA fees for annual filing of LLP with ROC (Form 11) are as follows:
1. Up to 1,00,000: 50
2. More than 1,00,000 up to 10,00,000: 100
3. More than 5,00,000 up to 10,00,000: 150
4. More than 10,00,000 up to 25,00,000: 200
5. More than 25,00,000 up to 1,00,00,000: 400
6. More than 1,00,00,000: 600
The due date for filing annual return for LLP is 31st July of each year. On the other hand, any LLP in India subject to tax audit must file its income tax return by 30th September.
According to the LLP Rules, 2008, before closing, LLP (Limited Liability Partnership) must file both LLP forms 8 and 11, i.e. annual filing of LLP with ROC is mandatory.
Yes, it is mandatory for LLP in India to file ITR under the ITR-5 form, and the due date for filing this return is July 31st of the assessment year unless the LLP is subject to a tax audit, in which case the deadline is extended to September 30th.
Yes, LLP (Limited Liability Partnerships) can be converted to Pvt Ltd, for which they must fulfil the necessary criteria as per the Companies Act, 2013 and Rules 2014.
Failure to file form 8 by LLPs in India can result in legal penalties of INR 100 per day of delay.
The deadline for LLP for tax audit is 30th September, whereas the deadline for LLPs without tax audit is 31st July.
Annual filings for LLP is important as it determines the LLP's legal status, ensures transparency and financial accountability, and demonstrates its credibility.
In case the Form 11 annual return is not filed by 30th May, a 100 Rs penalty is all set to be levied till the time the non-compliance is rectified.