ROC compliance of LLP
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ROC compliance of LLP
ROC Compliance of LLP
If you are having a LLP Registration company, then you should know about the LLP compliances. Running and managing a business is not easy, whether it be 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.
What do you mean by LLP(Limited Liability Partnership Firm?
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 –
- Annual Return Filing
- Financial Statements Filing
- Income Tax Returns Filing
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.
Details of Compliances during the yearDetails of Compliance for LLP during the year
1. Books of Accounts
It is required for all LLP to maintain proper books of accounting relating to its business at all times. These accounting books shall contain –
- Cash Transactions
- Accrual Transactions
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.2. LLP Annual Filing
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.
- FORM 8
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 –
- Part A consists Statement of Solvency
- Part B consists Statement of Accounts, Income & Expenditure Statement
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.
- FORM 11 LLP
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 –
- Number of Partners
- Total Number of Partners
- Total Contribution received by all Partners
- Details of Corporate Body as Partners
- Summary of Partners
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.
- 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. This Form can be filed online through the Income Tax Website along with the designated partner’s digital signature. You
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.5. Maintenance of Documents for LLP
All LLPs in India need to maintain the following documents –
- Document of Incorporation
- Names of Partners
- Names of Changed Partners (If Any)
- Proof of Fee Payments
- Statement of Accounts & Solvency
- Annual Return filed by LLP with the ROC at the registered office
- All the above records should be ready at all times and must be made available for inspection at any time at the request of the concerned authority.
Due Dates of ROC Compliance of LLP/LLP Annual Filing Due Date
|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|
Benefits of LLP Compliance
- 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.
Process of ROC Compliance/Annual Compliance for LLP
- 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.
How LegalPillers helps in ROC Filing of LLP?-
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]
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