LLP Annual Filing

Annual Compliance Filing for LLPs

Ensuring compliance with annual filing requirements is crucial for Limited Liability Partnerships (LLPs) in India. LLPs must adhere to specific regulations and submit necessary documents to maintain their legal standing and avoid penalties. Annual compliance involves filing various forms with the Registrar of Companies (ROC) and maintaining accurate records.

LLP Annual Compliance

• An LLP annual compliance refers to the process of maintaining proper financial records and filing mandatory reports with the Ministry of Corporate Affairs (MCA) at the end of each financial year.

• LLP Compliance Requirements

  • Maintaining a proper book of accounts and financial statements.
  • Filing an annual return (Form 11) with the MCA.
  • Filing a statement of account and solvency (Form 8) with the MCA.
  • Filing income tax returns.
  • Tax audit filing if the annual turnover is more than ₹40 lakh or capital contribution exceeds ₹25 lakh (as per the latest budget).

• Audit requirements for LLP

  An LLP is mandatory to get its accounts audited if:

  • Its annual turnover for the financial year exceeds ₹40 lakh.
  • Its capital contribution from its partners at any time during the previous financial year exceeds ₹25 lakh.

Benefits of LLP Annual Filing Compliances

There are several advantages to maintaining proper annual filing compliances for your LLP:

• Maintains Transparency and Credibility: Filing annual returns demonstrates transparency and good corporate governance, which can build trust with investors, creditors, and other stakeholders.
• Avoids Penalties and Late Fees: Non-compliance with filing deadlines can result in penalties and late fees imposed by the MCA.
• Easy Access to Credit: Banks and financial institutions may require up-to-date filings before approving loans or credit facilities.
• Compliance with Law: Filing annual returns is a mandatory requirement under the Limited Liability Partnership Act, 2008.

LLP Annual Return

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.

LLP Annual Return Forms

There are two main forms associated with LLP annual returns:

• LLP Form 11: This form is the core annual return document. It captures details about the LLP's partners, their contributions, changes in the LLP agreement (if any), and any penalties imposed during the year.
• LLP Form 8: This form is known as the Statement of Account and Solvency. It provides a snapshot of the LLP's financial health, including its income, expenditure, and net assets.

LLP Annual Return Due Date

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.

• LLP Annual Return Form 11

  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.

• Form 11 LLP Due Date

  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.

Form 11 LLP Late Fees

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:

• No penalty: If you file within a month after the due date (i.e., by June 30th).
• Late filing fee: A fixed amount is levied for delays exceeding one month but less than three months.
• Increased penalty: A higher penalty per day applies for delays exceeding three months. There's currently no upper limit on this penalty, so it can accumulate significantly for extended delays.

LLP Annual Return Form 8

Form 8 LLP, also known as the Statement of Account and Solvency, is another essential form for your LLP's annual compliance filings. It focuses on the financial health of the LLP.

• Form 8 LLP Due Date

  The due date for filing Form 8 differs from the Annual Return (Form 11). Form 8 needs to be submitted within 30 days from the end of six months following the closure of the financial year. Considering the standard LLP financial year ends on March 31st, the due date for Form 8 typically falls on October 30th of each year.

• Form 8 LLP Late Fees

  Similar to Form 11, delayed filing of Form 8 attracts penalty fees that increase with the duration of the delay. The MCA doesn't publicly disclose the exact penalty structure for Form 8, but it generally follows a pattern similar to Form 11:

  • No penalty:For filing within a specific period after the due date (exact timeframe might vary).
  • Late filing fee: A fixed amount for delays exceeding the initial grace period.
  • Increased penalty:A daily penalty for delays exceeding a further timeframe. This penalty can accumulate significantly for extended delays.

Filing and Audit Requirement Under the Income Tax Act

An LLP is required to file income tax returns like any other business entity. However, whether an audit is mandatory depends on the LLP's annual turnover and capital contribution.

• No Audit Required: If the LLP's turnover for the financial year is less than ₹40 lakh and the capital contribution from its partners is less than ₹25 lakh, an audit is not mandatory.
• Mandatory Audit: An LLP is mandated to get its accounts audited if its turnover exceeds ₹40 lakh or its capital contribution exceeds ₹25 lakh at any time during the previous financial year.

Documents Required for LLP Annual Filing Compliance

For filing your LLP's annual return (Form 11 and Form 8), you'll need to have the following documents in order:

• Documents required for Form 8 LLP (Statement of Account and Solvency)

  • LLP Agreement
  • Audited Financial Statements (if applicable)
  • Bank Statements
  • Details of Investments and Loans
  • Details of Partners' Capital Accounts

• Documents required for Form 11 LLP

  • LLP Agreement
  • Proof of LLP Incorporation Certificate
  • Details of Partners and their Contribution
  • Changes in Partners or LLP Agreement (if any)
  • Details of any penalties imposed during the year