For a Limited Liability Partnership (LLP), the returns should be filed periodically for maintaining compliance and escape heavy penalty under the law for non-compliance. A Limited Liability Partnership has only few compliances to be followed every year which is amazingly low as compared to the compliance requirements placed on the private limited companies. However, the fines seem to be quite large. Whilst non-compliance might only charge a Private Limited company INR 1 lakh in terms of penalties, it might charge an LLP up to INR 5 lakh.
In case Limited Liability Partnership two returns are mainly required to file i.e. the Statement of Account & Solvency within a time period of thirty (30) days from the end of the six (6) months of the financial year and an Annual Return within a period of sixty (60) days from the end of the financial year. The LLP’s are compulsorily required to maintain the Financial Year i.e. from 1st April to 31st March. Henceforth, the Statement of Account & Solvency shall be filled on or before 30th October of every financial year and the annual return for LLPs becomes due on 30th May every year even irrespective of the fact that the LLP has not completed its business in that particular financial year. Some of the forms for annual compliances are required to be mandatorily filed even if the LLP has begun any business or not.
Advantages of ROC LLP Annual Filing
Increases trustworthiness and credibility- The primary requirement for any business is Compliance of law. If the LLP is abiding by the laws it attracts the potential customers to the LLP as the date of the Limited Liability Partnership’s annual filing is displayed on the Master Data on MCA portal which also helps in getting the Government tenders, availing of loan facility from Banks and Financial Institutions approvals for similar other purposes. As it is the major criterion to measure the credibility of an organization.
Helps in maintaining the Active status of Companies- In order to maintain the active status of LLP it is necessary to file the returns on a continuous basis which helps in avoiding the charges of heavy penalties. If the LLP doesn’t comply with the provisions and fails to file the returns it may also be removed from the registers of ROC which also affects the status of the concerned partners as they are declared a defaulter and also becomes disqualified from their further appointment in any Company/LLP.
Easy to close and convert- The annual filing of a Limited Liability Partnership is very much necessary for the conversion of the LLP into any other organization. If the Limited Liability Partnership has regularly complied with the rules and regulations stated it gives an ease in the conversion task as well as if the case pertains to closure of LLP. Irrespective of the fact that the LLP was non-operational, the Registrar might ask to fulfill the annual compliance, with additional LLP filing fee, if applicable.
Easy accessibility of Record of Financial Worth- As the forms which are filed by the Limited Liability Partnership are accessible by the companies and other potential investors. Therefore, while making any contract or entering in any major projects, the concerned party can also inspect the Financial worth of an LLP.
Documents Required
- Limited Liability Partnership Agreement along with the supplementary deed if any
- Certificate of Incorporation
- Financial Statements duly signed by the Designated Partners
- DSC of all the Designated Partners
Compliances by LLP
Limited Liability Partnerships are separate legal entities; hence, it is the duty of the elected partners for maintaining a proper book of accounts and filing an annual return with the Ministry of Corporate Affairs (MCA) annually.
Limited Liability Partnerships are not required to audit their books of account except where their annual turnover is more than Rs.40 lakhs or if the contribution is more than Rs.25 lakh. Hence, an LLP is not required to get their books of account audited if it fulfils the above-mentioned condition, making the process of annual filing simpler.
Limited Liability Partnerships are required to file their Statement of Account & Solvency within a period of thirty (30) days from the end of six (6) months of the financial year and Annual Return within sixty (60) days from the end of the financial year.
Dissimilar to Companies, Limited Liability Partnerships are mandatorily required to maintain the financial year, from 1st April to 31st March. Hence, the Statement of Account & Solvency is to be filled on or before October 30th of every financial year and the annual return for LLPs is due on May 30th every year even if the LLP has not completed any business in that specific financial year. Some of the annual filings are mandatory whether the LLP has begun any business or not.
Statements of Accounts and Solvency
All enrolled LLPs are required to have their books of accounts in place and fill in data with respect to the profit made, and other financial data in regards to business, and submit it in Form 8, every year. Form 8 must be attested by the signatures of the designated partners and should also be certified by a practising chartered accountant or a practising company secretary or a practising cost accountant. Failing to file, the statement of accounts & solvency report within the specified due date will lead to a fine of Rs.100 per day. The due date to file form 8 is October 30 of every financial year.
Filing Annual Return
Annual Returns are to be filed in the prescribed Form-11. This form is considered as the summary of management affairs of LLP, like numbers of partners along with their names. Moreover, the form 11 has to be filed by 30th May every year.
Filing and Audit requirement under Income Tax Act
imited Liability Partnerships whose turnover is more than Rs.40 lakh or whose contribution has exceeded Rs.25 Lakh have to get the books of account audited by practising Chartered Accountants under the Limited Liability Partnership Act, 2008. The deadline to file the tax return for an LLP which is required to get his books audited is September 30th.
Note: The threshold limit of Rs.1 crore for a tax audit is increased to Rs.5 crore with effect from AY 2021-22 (FY 2020-21) if the taxpayer’s cash receipts are limited to 5% of the gross receipts or turnover, and if the taxpayer’s cash payments are limited to 5% of the aggregate payments under the Income Tax Act, 1961.
For LLPs where tax audit is not required deadline, the due date for tax filing is July 31st. For LLPs which have entered into any international transactions with associated enterprises or have undertaken specified Domestic Transactions, need to file Form 3CEB. This form should be certified by a practicing Chartered Accountant. Limited Liability Partnerships which are required to file this Form can do their tax filing by 30th November.
LLPs should file their income tax return in Form ITR 5. This form could be filed online via the income tax website with the help of the designated partner’s digital signature.
FAQs
What are the consequences of the non-filing of Form 8?
Form 8 must be duly filled by the 30th of October. Failure to file can incur a penalty of Rs.100 per day of delay.
What additional information needs to be provided along with Form 8?
A. Form 8 is a Statement of Account and Solvency. It must depict the financial transactions undertaken during the financial year and also the financial position during the year. In addition to this, the LLP must also declare:
- The turnover, whether it is above or below Rs 40 lakh.
- It must also declare that it has previously filed a statement indicating the creation of charges/modification/satisfaction until the current financial year.
- Also, declare that the partners/authorized representatives have taken due care and responsibility for the preparation of accounts and proper maintenance of the same.
What are the attachments to Form 8?
The following documents must be attached with Form 8:
- Disclosure under Micro, Small and Medium Enterprises (MSME) Development Act, 2006 is a mandatory attachment.
- Statement of contingent liabilities to be attached in case any contingent liability exists.
- Any other relevant information can be provided as an optional attachment.
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