Annual Compliance's for Limited Liability Partnership(LLP)

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ROC Compliance's Process

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Drafting of necessary documents & attchments.

Filing of LLP returns

What is the Annual Compliance for LLPs?

A Limited Liability Partnership enjoys a separate status. Thus, an organization needs to maintain its active status by regularly filing with the Ministry of Corporate Affairs (MCA). Annual compliance filing is mandatory for any LLP, whether having a business or not. Annual compliance for LLP requires filing two separate forms. One of which is for Annual Return, whereas another one is for Statement of Accounts and Solvency.

The forms are filed for reporting the activities and financial data for each financial year in the upcoming year. The failure to fulfill LLP Annual Compliance requirements levies an additional fee of ₹ 100 each day of a delay till the actual date of filing. Hence, apart from the mandate, the heavy penalty compels the Designated Partners to fulfill the requirements.

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Documents Required in Compliance of LLP

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Annual Compliance's for LLP

Just like how you follow rules for your own stuff, LLP also have rules they must follow each year. It’s really important to do everything they’re supposed to do on time. Here are some things they have to do that are really important to remember.

1. Form 11 Filing

The LLP is required to file the Annual Return or Form 11. Form 11 is a summary of an LLP’s Partners and about the change in the management. The due date for filing the form 11 is within 60 days from the closure of a financial year. That is, the Annual Return has to be filed on or before 30th May every year.

3. Filing Income Tax Returns

For LLPs, this annual compliance is crucial. Every year the income tax returns have to be filed on or before the due date. regardless of the level of revenue or loss, filing an income tax return is mandatory for every LLP company. They must file form ITR- 5.

2. Form 8 Filing

All LLPs are required to maintain their Books of Accounts in Double Entry System. Form 8 consists of the statements of account and solvency. There are two Parts in Form 8. They are: Part A – statement of solvency Part B – statement of accounts and statement of income & expenditure. 

4. Filing of DIR-3 KYC.

As per the ROC compliance, every LLP should have a designated partner. To perform all the tasks without difficulty, a LLPIN is required. The partner of the LLP should file DIR-3 eKYC within the specified period.

Benefits of Annual Compliance

Raising Company’s Credibility: Compliance of law is the primary requirement for any business. The date of the company’s annual return filing displayed on the Master Data on MCA portal. Government tenders, loan approval or for similar other purposes, the regularity in compliance is a major criterion to measure the credibility of an organization.

Attract Investors: While pulling funds for a company from the investors, the investors demand all financial records and date before finalizing the proposal. The investors may either approach the company directly or can also check the financial records from the MCA portal. Investors also tend to favour the companies with regular compliance records.

Maintain Active Status and avoid penalties: Continuous failure in filing the return turns the company status to default and charges it with heavy penalties. The company may also be declared as defunct or removed from the RoC. The concerned directors are also disqualified and debarred from their further appointment. Since July 2018, an additional fee of ₹100 for each day of delay will be levied till the date of filing.

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Frequently Asked Questions

Do I need to be physically present during this process?

No, the process is a completely online process. All the required forms and returns are filed electronically, so you would not need to be physically present at all. You would just need to send us scanned copies of all the required documents and information.

What is the purpose of Form 8 and Form 11?

Form 8 (Statement of Solvency) is used for filing information related to assets, liabilities, income, and expenditure of the LLP with the ROC whereas, Form 11 is used for filing annual return details to the ROC.

What is the consequence of not filing annual compliance forms?

Non-filing of annual compliance forms can lead to fines, penalties, and even the potential for the LLP to be struck off the register.

What is the LLP Identification Number (LLPIN) and where can it be found?

The LLPIN is a unique identification number assigned to an LLP. It can be found on the LLP registration certificate.It is similar to a PAN Card number.DIN is to be mentioned in documents while appointing a person as a director of a company.

Is Income Tax Return (ITR) mandatory to be filed every year by LLP?

Yes, Income Tax Return (ITR) is mandatory to be filed by every LLP, irrespective of income or loss during the financial year.