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.
Limited Liability Partnerships (LLPs) Compliance Requirements
Limited Liability Partnerships (LLPs) are recognized as separate legal entities, and therefore, they are bound by specific compliance obligations. The responsibility for ensuring compliance rests with the Designated Partners of the LLP. The key compliance requirements for LLPs include the following:
- Maintenance of Proper Book of Accounts
- Filing of Annual Return
- Filing of Statement of Accounts
- Filing of Income Tax Return (ITR - 5)
- Filing of Tax Audit (If Applicable)
Ensuring compliance with these obligations not only maintains the legal status of the LLP but also helps in building transparency, credibility, and financial accountability.
LLP Annual Filing Compliance Calendar:
Form Type | Description | Due Date | To be filed with |
Form-8 | Filing of Statement 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 (or 30th September, if tax audit is mandatory) | Income Tax Department |
ITR – 5 | Income Tax Return | 31st July (or 30th September, if tax audit is mandatory) | Income Tax Department |
Audit | Tax Audit (only if applicable) | 30th September | Income Tax Department |
Benefits of LLP annual filing
The benefits of LLP annual Filing are listed as follows:
- Higher Credibility: Annual compliance enhances the organization's credibility, aiding in loan approvals and meeting various requirements.
- Record of Financial Worth: These filings create a financial track record for LLPs, attracting potential investors and partners.
- Stays Active and Penalty-Free: Consistent compliance keeps LLPs from being declared defunct, preventing penalties and additional fees.
- Conversion and Closure: Regular filings simplify the process of converting LLPs into other business structures and expedite partnership dissolution.
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