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Overview of Annual Filling for LLP

The returns for a Limited Liability Partnership (LLP) should be submitted annually to ensure enforcement and avoid a severe penalty under the non-compliance rule. Compared to the enforcement criteria imposed on private limited corporations, A Limited Liability Company has very few compliances to be met every year, which is extremely low. However, the fines seem to be very high. Although non-compliance in terms of fines could only charge a Private Limited company INR 1 lakh, it could charge an LLP up to INR 5 lakh.

Annual Filing Forms for LLP:

Form 11:

A Declaration of Annual Return is Form 11. Each LLP is required to file the Annual Return to the Registrar on Form 11 within 60 days of the close of the financial year, i.e. Annual returns must be filed each year on or before May 30th.

Form 8:

Type 8 is an Accounts Declaration. Every LLP is required to prepare and close its accounts every year until March 31st. 8 shall be filed with the Registrar by at least two Designated Partners within 30 days of the completion of the six months of the Financial Year, i.e. each year on 30 October.

Meaning of LLP- Alliance for limited liability

A Limited Liability Partnership means an organization where a minimum of two members are required and the maximum number of members is not limited. The liability of an LLP's members is reduced. Here, we have listed all the significant LLP Annual filing due dates in this article.

What is the Annual Filing LLP?

Each Limited Liability Partnership (LLP) must file its annual report within 60 days of the end of the financial year and its Account & Solvency Statement within 30 days of the end of the six-month period following the end of the financial year.

Late submission of such forms means penalties of Rs. 100/- per default day.

Benefits of Annual Compliance

  • Higher trustworthiness

For any organization, legal enforcement is a primary requirement. The status of the annual LLP filing is shown in the Master Data of the LLP on the MCA portal and can be accessed by any person. Compliance is a significant criteria for evaluating the organization's reputation for loan approvals or any other related conditions.

  • Financial Worth's record

Companies may access the forms filed by the LLP. Therefore, the relevant party can also inspect the financial value whilst entering into contracts or major projects. An LLP annual filing provides an interested individual or group with a record of its financial value and ability.

  • Maintain Active Status and prevent sanctions
Annual Filling for LLP

The LLP can be declared defunct or gain default status in the event of a consecutive default in the annual filing. The partners may also be declared as defaulters and may also be excluded from their further appointment in the business or LLP. LLP must then file the return in order to retain active status. The LLP is also spared from heavy extra charges and fines by daily filing.

  • Converting and closing quickly

Annual filing is very critical for transforming the LLP into some other entity. The daily records of enforcement ease the task of conversion. In the case of LLP termination, the same applies.

Type 8 of LLP Due date

  • LLP Form 8 is an annual filing form that must be filed annually with the ROC.
  • The statement of account and solvency shall be deposited with the Registrar within a period of 30 days from the end of the six-month period of the financial year in respect of which the statement relates, meaning that the due date of the LLP Form 8 (LLP Annual Filing) for the year 2020 shall be 30 October 2020.
  • This form includes the declaration by the appointed partners of the LLP's solvency status and also details relating to the LLP's statement of assets and liabilities and the LLP's statement of revenue and expenditure.

Late payments for the filing of Form LLP 8 and Form LLP 11

If there is a delay in the filing of LLP forms 8 and 11, a penalty of Rs. 100 per day per form shall be payable from the due date of the return until the actual date of return is filed.

It is the responsibility of an LLP's Assigned Partners to keep a proper account book and file an Annual Report with the MCA every financial year. Hence it is recommended that you register your form LLP 8 and Form 11 before the due dates.

Process of LLP Compliances

Step 1 - Gathering

  • Discussion and gathering of basic data
  • Provide documents that are needed
  • Decide on the due filing dates

Step 2 - Planning for the

  • Drafting the documents required
  • Onward Step 3 - Filing
  • Filing the Yearly Return (Form 11)
  • Filing of Accounts Declaration & Solvency (Form 8)

LLPs can do e-Filing in following ways: -

The Designated partner (DP) (in case of LLP) or authorised representative (AR) (in case of Foreign Limited Liability Partnership (FLLP)) can upload the e-Forms on the LLP portal (after registering oneself as a user of the portal) at his convenience from his office/ home.

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Frequently Asked Questions

An additional government fee of ⁇ 100 per day of delay shall be paid to the LLP in case of delay in filing. In addition, an extra fee has no ceiling limit. The RoC will delete the name of the LLP from its registry in the event of continuous failure to comply with the annual LLP. The penalty can also be imposed on LLP and its partners except for additional fees.

In order for the LLP to fall under any of the conditions below, the audited account books are necessary:

1) If the LLP turnover exceeds ⁇ 40 Lakh; or if the LLP turnover exceeds ⁇ 40 Lakh; or
2) Overall contribution of the Par contribution

LLP compliance due dates are based on the closure of each financial year. Each LLP's financial year must end on March 31st. The financial year duration, however, depends on the month of its incorporation:

(a) LLPs registered from 1 April to 30 September: LLPs are expected to close their financial year on 31 March of the next calendar year. Suppose that LLP is registered on May 1, 2018, its financial year should end on March 31, 2019, the same.

(b) LLPs reported from 1 October to 31 March: the LLP has the option of choosing the end of its financial year. For example, if the LLP is registered on October 30, 2018, the same can be done.

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