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If you are having a Limited Liability Partnership, then you should know about the LLP compliances. Running and managing a business is not easy, if you are not aware about its applicable law, whether it is a Private Limited Company, One Person Company, or an LLP. Business is an investment of money, time, and many efforts. Therefore, for running a business successfully you should be well versed with all the formalities, be it regulatory or financial. For this, it becomes essential to file all the Forms and returns on time with the Ministry of Corporate Affairs. If not filed on time these Forms bounce back in the form of heavy penalties. Now, let us understand what LLP means and what the mandatory compliances of LLP are.
LLP or Limited Liability Partner is a form of business entity that shares the features of both the partnership firm and company. The regulation of LLP Registration is accomplished by the compliance of the Registrar of Companies, Ministry of Corporate Affairs. Limited Liability Partner is a separate legal body, which is different from its partners. LLP has its perpetual succession. All the LLPs are obligatory to maintain LLP compliances and undertake annual return filing with ROC every year. The LLPs registered at ROC with the Ministry of Corporate Affairs; need to file their annual compliance for LLP and statement of accounts at the end of every financial year. The ROC annual return filing/ annual compliance for LLP for an LLP is compulsory disregarding whether they have done any business or not. All LLPs need to follow the mentioned below mandatory LLP annual compliance requirements -
LLPs must adhere to the LLP annual compliance requirements laid down by the law in LLP Act 2008. In this editorial, we will talk about the various mandatory LLP annual compliance that an LLP needs to file without fail, as not following the same can lead to heavy penalties.And also we are going to discuss about various aspects related to LLP annual filing online.
It is required for all LLP to maintain proper books of accounting relating to its business at all times. These accounting books shall contain -
All the accounting books must be maintained as per the double entry accounting system at the registered office. For those LLPs whose turnover is more than Rupees 40 lakhs or have capital of over Rupees 25 lakhs, the accounts need to be audited by a Chartered Accountant every year. Any LLP (Limited Liability Partner), which does not abide by the provisions of Act are punishable with a penalty of at least Rs. 25,000 that can go to maximum Rs. 5,00,000. Additional to this, the designated partner can be punished with a fine of Rs. 10,000 followed by Rs. 1,00,000 for non-compliance. You should have proper details related to ROC compliance for LLP. (Note- figures are subject to change by government time to time.)
In India, LLPs must file their LLP filing/LLP annual filing within 60 days from the end of the relevant financial year. The Statement of Accounts & Solvency must be filed within 30 days starting from the end of six months of the closure of the relevant financial year. All LLPs must maintain their financial year as 1st April of the relevant year to 31st March of the relevant year. Consequently, the annual filing of LLP (ROC compliance of LLP) is due on 30th May of the financial year and the Statement of Accounts & Solvency is due on 30th October of every financial year. Every LLP (Limited Liability Partner) has to file two types of MCA annual filing return/ROC compliance every financial year namely Form 8 & Form 11. Making LLP annual filing online within time frame is must for you.
Form 8 must be filed within 30 days along with the prescribed fee, from the end of six months of every financial year for maintaining the Compliance for LLP. The form must be digitally signed by two elected partners that are certified by a CA/CS/Cost Accountant. We have a panel of professionals which are rendering CA Services Online at LegalPillers. However Form 8 has two divisions −
This Form if not filed on time, can attract a penalty of Rs. 100 per day until compiled. So do not avoid LLP annual filing due date and make it complaint. Filing of Form 8 is also consider as Roc compliance online.
Form 11 should be filed within 60 days along with the prescribed fee, from the closure of the financial year to making LLP compliances. The LLP annual filing due date in-respect of Form 11 is 30th May of every year. Mentioned below are the details contained in Form 11 -
Any LLP cannot be closed until all the annual returns are filed, making it important to file an LLP annual return periodically to maintain ROC compliance of LLP/annual compliance for LLP and escape the heavy penalties under the law of non-compliance. A relief to LLPs is that they have less compliance to be followed every financial year as compared to the Private Limited & OPC companies. However, the fines and penalties for LLPs are quite high. Skipping in Roc compliance online shall leads to heavy penalties for stakeholders.
1. If an LLP is registered on or after 1st October of any relevant year, in that case, Form 11 and Form 8 are not required for the financial year ending on the relevant year. Nevertheless, Income Tax returns are applicable and must be filed. You will get a small relation re4lated to financial year extension for making ROC Compliance of LLP.
As we have already discussed above, Limited Liability Partners, whose turnover is above Rs. 40 lakhs and whose contribution exceeds Rs. 25 lakhs, need to get their accounting books audited by a practicing Chartered Accountant or a firm. The deadline for the ROC annual filing of tax returns for such LLP is 30th September of every financial year.
PLEASE NOTE: The opening limit of Rupees 1 Crore, for a tax audit is proposed to increase up to Rupees 5 Crore, effective from Assessment Year 2021-22 (FY 2020-21). This is applicable if the taxpayer's cash receipts are limited to 5% of the gross turnover, and if the taxpayer's cash payments are limited to 5% of the aggregate payments. Those LLPs whose Tax Audit is not required, the deadline for tax filing due date/LLP annual filing due date in respect of tax filing is 31st July of the relevant assessment year. Those LLPs who have entered in any international transactions with associated enterprises need to file Form 3CEB. This is also applicable for LLPs who have taken on specified domestic transactions. The LLPs who have to file this particular Form need to do tax filing by 30th November of the relevant financial year. The Form needs to be certified by a practicing Chartered Accountant. The LLPs also need to file their respective Income Tax returns through Form ITR 5.
All the LLPs that are registered in India need to file their Income Tax return for every financial year, irrespective of any profit or revenue. This means that even those LLPs that are inactive and have not undergone any transaction must file their Income Tax return every year.LLP filing/ROC Compliance of LLP is mandatory in all respect.
All LLPs in India need to maintain the following documents −
|30 May||Form 11 (Annual Return)||Summary of LLPs management affairs Number of Partners along with their names|
|31 July||Income Tax Return||Valid for LLPs not requiring Tax Audit|
|30 September||Income Tax Return||Valid for LLPs requiring Tax Audit|
|30 October||Form 8 (Accounts)||v Details related to Profit Other financial details as stated|
However government provide few due date related extension of which a benefit a person can take if he missed ROC annual return filing for his LLP.
There are various benefits associated with ROC annual return filing which are described as -
It maintains higher credibility in market. In case if your LLP is non complaint and any interested person want to be partner or designated partner, will not continue.
Non-compliance will attract higher penalty and late fees. This leads to closer of your LLP. So avoid failure from non ROC compliance
Proper filing of ROC Compliances of LLP helps you in maintaining proper records of company.
If your LLP is non complaint and if any action took by government. In such cases you will not be able to convert it into Pvt. Ltd or otherwise.
After registration of your LLP, make sure you have open LLP Current Account with bank so that you can go for ROC Compliance of LLP.
The contribution mentioned in LLP agreement by the designated partners and partners has been deposited in company's bank account, it will help you ROC compliance in doing.
LLP is conducting properly meetings of designated partners and partners as prescribed in law.
After closing of financial year, close your books of account and prepare for LLP filing.
Related documents such as statement of solvency, annual return, LLP annual compliance, etc need to prepare and file with Income Tax department and concerned ROC within stipulated time period.
We at LegalPillers providing you dedicated professionals CA Services online who manage your companies work during the year. If you are looking for ROC compliance for LLP, this is the right place where you will get to know about the LLP annual filing due date/LLP filing. And helps you in maintaining your business according to the provisions of law. We have a panel of experts such as Chartered Accountants, Company Secretary and Advocates who will take care of your compliances, taxation, accounting and other business requirements. Do wait, grab our exclusive offer today and enjoy the benefit of Excellency of legal support. Call our professionals now and clear your doubt at 9625279785 − 9267941961 or write us at [email protected].
Filing ROC forms every year is mandatory by the owner of LLPs in India. Government has prescribed the due dates under which all forms need to submitted. There is high penalty on those who did't file on time.
To file your LLP Annual Return do collect all requisite documents as mentioned above and contact our professionals at LegalPillers. And file your ROC Compliance with MCA at earliest without any penalty.
Annual Compliance are mandatory information filing with Ministry of Corporate Affairs. It makes your LLP complaint.
A LLP need to file certain documents and information with concerned department for fulfilling the ROC Compliance criteria such as filing of income tax return, form 11, form 8, annual meeting etc.
In case if your LLP has turnover less than Rs. 40 lack during the year, in such a case you don't need to take auditor certificate.
For making your LLP complaint it is most important to make your LLP filing time to time.
There are different penalties prescribed under law for different compliances. For more details do contact us at 9625279785 − 9267941961.
ROC compliance means making all records related to LLP update with concerned government authority which is MCA. ROC compliance means filing all related documents containing information related to LLP business during the year with MCA and make your LLP law complaint.
Yes, LLP is registered under the Act and governed by MCA and ROC. All the data related to your LLP shall maintain with concerned ROC.
Here are 3 benefits to take AMC of LLP- 1. We will keep all your record maintain 2. You will be free from ROC compliance headache 3. There will not be any possibilities to miss the ROC compliances.