LLP Annual & ROC Compliance

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Annual Compliance for Limited Liability Partnership (LLP)

A Limited Liability Partnership (LLP), regulated by the Limited Liability Partnership Act, 2008, is a popular business structure in India because of its flexibility, limited liability for partners, and fewer compliance requirements compared to companies. However, LLPs are still required to follow certain annual compliance regulations to avoid penalties and stay in good standing with authorities like the Registrar of Companies (ROC) and the Income Tax Department.

This guide covers all the essential annual compliance requirements for LLPs in India in a simple and easy-to-understand manner.

Importance of Compliance for LLPs

Meeting annual compliance is important because it helps LLPs:

  • Maintain Legal Standing: It ensures that the LLP remains in good standing with the ROC and other regulatory bodies.
  • Avoid Penalties: Missing deadlines can result in hefty fines and late fees.
  • Transparency: Filing annual returns and financial statements promotes transparency within the LLP.
  • Tax Compliance: It ensures that the LLP meets all tax obligations and avoids scrutiny from tax authorities.

Annual Compliance Requirements for LLP

Below are the major annual compliance requirements for LLPs registered under the Limited Liability Partnership Act, 2008:

Compliance Applicability Timeline
Filing of Annual Return (Form 11) All LLPs Must be filed within 60 days of the end of the financial year, i.e., by May 30 each year.
Filing of Statement of Account & Solvency (Form 8) All LLPs Must be filed within 30 days of the end of six months of the financial year, i.e., by October 30.
Income Tax Return (ITR) Filing All LLPs, regardless of turnover July 31 if audit is not required. September 30 if audit is required.
Maintenance of Books of Accounts All LLPs Books must be maintained on a cash or accrual basis and kept for at least 8 years from the close of the financial year.
Tax Audit LLPs with annual turnover exceeding ₹40 lakhs OR LLPs with capital contribution exceeding ₹25 lakhs The audit report must be filed along with the income tax return by 30th September.
Designated Partner KYC (Form DIR-3 KYC) Every designated partner Before 30th September each year.

Key Compliance Forms

  • Form 11: Annual return of LLP - provides information about partners, contribution, and other details.
  • Form 8: Statement of account and solvency - declares the financial position of the LLP.
  • Form ITR-5: Income tax return specifically for LLPs.
  • Form DIR-3 KYC: Annual KYC compliance for designated partners.

Event-Based Compliance

In addition to annual filings, LLPs must meet additional compliance requirements when specific events occur:

Event Form to be Filed Deadline
Change in Partners Form 4 Within 30 days of the change
Change in Registered Office Form 15 Within 30 days of the change

Penalties for Non-Compliance

⚠️ Warning: Failing to meet annual compliance deadlines can lead to severe penalties:

  • Form 11 and Form 8 Late Fees: Non-compliance results in a penalty of ₹100 per day for each form, until the forms are submitted.
  • Income Tax Return Late Fees: Failure to file the income tax return by the due date can result in a penalty of up to ₹10,000.
  • LLP Strike-Off: Repeated non-compliance may lead to the LLP being struck off from the ROC's register, which can cause legal and operational issues.

Important Forms for LLP Compliance

  • Form 11: Annual return of LLP
  • Form 8: Statement of account and solvency
  • Form ITR-5: Income tax return for LLPs
  • Form DIR-3 KYC: KYC for designated partners
  • Form 4: Notice of change in LLP partners
  • Form 15: Notice of change in LLP's registered office

Key Dates for LLP Annual Compliance

  • May 30: Filing of Form 11 (Annual Return)
  • July 31: Filing of Income Tax Return (if audit not required)
  • September 30: Filing of Income Tax Return (if audit required) and DIR-3 KYC for designated partners
  • October 30: Filing of Form 8 (Statement of Account & Solvency)

Frequently Asked Questions (FAQs)

Q1: Is filing Form 8 mandatory for all LLPs?

Yes, every LLP must file Form 8 to declare its financial position, regardless of turnover.

Q2: What happens if an LLP fails to file Form 11?

Failure to file Form 11 results in a penalty of ₹100 per day until the filing is completed.

Q3: Do LLPs with no business activity still need to comply with annual filings?

Yes, even LLPs with no business operations must file Form 8, Form 11, and an income tax return.

Q4: Are all LLPs required to get their accounts audited?

No, only LLPs with a turnover above ₹40 lakhs or capital exceeding ₹25 lakhs are required to get their accounts audited.

Conclusion

Maintaining annual compliance for LLPs is crucial to avoid penalties and keep the business running smoothly. LLPs must file annual returns, financial statements, and tax returns, among other obligations. Even dormant LLPs must meet these requirements. By following the right procedures and deadlines, LLPs can ensure compliance and focus on growing their business.

For help with LLP compliance or audit support, reach out to Prahar Filing & Advisory for expert services.

Contact

DumDum, Kolkata,

PIN:- 700028

92295 82295

praharfiling@gmail.com

Request a Callback

As a fellow small business owner, we know the fulfillment that an a comes from running your own business contact to Financy.

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