Overview of Annual Compliance for Limited Liability Partnership

 

 

Limited Liability Partnership is a individual/seperate legal entity recorded under the Ministry of Corporate Affairs (MCAs) in India. For registration into an LLP, there should be at most limited two persons as partners where mandatorily one has to be an Indian citizen and a resident.The partners in an LLP should take responsibility for maintaining a proper book of accounts,filing an Income Tax Return, and submitting an annual return with the Ministry of Corporate Affairs (MCA) on every financial year.

 

To establish a Limited Liability Partnership (LLP), the returns should be filed periodically for maintaining compliance and escape substantial penalties under the law for non-compliance. A Limited Liability Partnership has only few compliance to be succeeded every year which is certainly lower as compared to the compliance needs to be placed on the private limited com panies. However, the fines seem to be quite large. While non-compliance might only impose a Private Limited company INR 1 lakh in terms of penalties, it might impose an LLP up to INR 5 lakh.

 

 

 

What is LLP

 

 

Limited Liability Partnerships gets a separate legal institution; therefore, it is the duties of the elected partners for simultaneously maintain a proper book of accounts and filing an annual return in consonance with the Ministry of Corporate Affairs (MCA) yearly. Limited Liability Partnerships are not needed to audit their 'books of account except' where their yearly turnover is more than INR 40 lakhs or if the investment or contributions to the company is more than INR 25 lakh. Therefore, an LLP is not required to get their books of account audited if it fulfils the condition as mentioned above, making the process of annual filing simpler.

 

Limited Liability Partnerships are required to file their Statement of Account & Solvency within 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 fiscal year. Dissimilar to Companies, Limited Liability Partnerships are mandatorily required to maintain the financial year, from April 1st to March 31st. Hence, the Statement of Account & Solvency is to be filed on or before October 30th of every fiscal 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.

 

 

 

Advantages of Limited Liability Partnership

 

 

 

There are some advantages of Limited Liability Partnership are mentioned below such as:-

• • • • • • • • • • • • • • Powers to sue and be sued.
                          • Powers to open a bank account.
                          • Powers to employ persons.
                          • Powers to indulge into all types of legal contracts.
                          • In an LLP, one partner is not accountable or liable for another partner’s misbehaviour or negligence.
                          • The associates of an LLP have the right to maintain the business directly.
                          • An LLP gives limited liability security for the owners.
                          • If the number of Partners decreases less than 2, the sole companion can still find a new Partner to fill the space.
                          • During the Post establishment, an LLP can have limitless partners.
                          • If there is only one companion in an LLP, there is time to find a new one externally, and without the dissolution of the LLP also.
                          • It is a separate legal existence.
                          • LLPs have assets and accounts that are separate from that of the promoters.
                          • An LLP can raise funds from Partners, Banks, and NBFCs.

 

 

 

 

Privileges for LLP in corresponding to a Private Limited Company

 

• • • • • • • • • • • • • Exceptions from the preservation of Minutes book, Statutory Registers, and adjustable tax rates.
                        • AGM is not a mandate for an LLP. AGM is previously in a year gathering for Shareholders of the Company. As there is no theory of shareholding in an LLP, none AGM should be held.
                        • The board meeting is commonly associated with a Board of Directors conference. There are no directors included in an LLP, instead of selected Partners run the business and are held accountable for compliances. Therefore, the Board of Partners meeting is suggested in the event of an LLP firm.
                        • There is no boundary on the highest number of partners.

 

 

 

 

Annual Filing Process for LLP

 

 

• LLP Annual Filing: We require filing a necessary annual return for LLP with MCA and maintaining yearly compliance.
• Annual Return Preparation: Need to make Annual return based on the financials and production during the previous financial year.
• Annual Return Verification: Needed to prepare Annual Return based on specifications submitted and send for confirmation and approval.
• Finalization: After endorsement, file Annual Return with the Ministry of Corporate Affairs adjacent to the necessary appendages.

 

 

 

Documents Required for Annual Filing of Compliance for LLP

 

 

• • • • • • • • • • • • • • PAN Card & COI: PAN Card and Certificate of Incorporation of LLP
                          • LLP Agreement: The LLP Agreement along with any supplementary agreement, if any
                          • Financial Statements: Financial Statement of LLP duly signed by the Designated Partners
                          • Digital Signature: DSC of all Designated Partners is required
                          • LLP Identification Number: Verification
                          • Name of the LLP: Proof of Title
                          • Registered office address of the LLP: The documentation needed regards to Location
                          • Business Classification of the LLP: Record of Business/ Service/Occupation/Others
                          • Principal business enterprises of the LLP
                          • Aspects of Designated Partners and Partners of the LLP
                          • Total responsibility for the contribution of partners of the LLP
                          • Total input supported by all partners of the LLP
                          • Review of Designated Partners and Partners

 

 

 

Limited Liability Partnership Compliance Requirements

 

 

• Declarations Of Accounts And Solvency: All registered LLPs are expected to have their books of accounts in place and fill in data concerning the profit made, and other economic data in regards to sales, and submit it in Form 8, each year. Form 8 must be attested by the impressions/signatures of the designated partners and should also be certified by a practicing 'chartered accountant' or a practicing 'company secretary' or practicing 'cost accountant.' Neglecting to file, the statement of accounts & solvency records within the designated due
  date will lead to a fine of INR '100' per day. The due date to submit form 8 for the financial year 2017-18 is October 30, 2018.
• Arranging Annual Return: Annual Returns are to be submitted in the designated Form-11. This Form is to be entertained as a summary of the management affairs of LLP. These are like numbers of partners,simultaneously with their names. However, form 11 has to be filed by May 30 every year
• Filing And Audit Obligation Under The Income Tax Act:As explained earlier, Limited Liability Partnerships whose turnover is higher than INR 40 lakh or whose participation has exceeded INR 25 Lakh have to get the books of account audited by practicing 'Chartered Accountants.' The last date to file the tax return for an LLP, which is supposed to get his books evaluated, is September 30..

 

 

 

LLP Compliances Checklist

 

 

 

• Annual returns require to be filed with the Registrar of Companies (ROC).
• Annual returns to be accompanied and filled up as per the prescribed format of LLP Form 11
• This is needed to be filed within 60 days from the close of the financial year. This could be done on the 30th of May of each year.
• The LLP annual compliance ought to be met by every registered LLP, even if there is no marketing activity. It has to be also obtained if the LLP has been closed down and whether or not a business bank account exists.

 

 

 

 

 

Statement of "Accounts and Solvency"

 

 

The Statement of Accounts and Solvency are very important in limited liability partnerships (LLPs), providing a concise but accurate overview of an LLP’s financial status. It shows assets, liabilities, and equity, which is a key tool for stakeholders to measure the LLP’s financial health around. This document not only meets regulatory requirements but also increases transparency, and enables partners, creditors, and regulatory bodies to assess the solvency and financial stability of the LLP. It helps to build trust and creditworthiness in the operations of the LLP, hence reinforcing its position within the business community.

 

 

Mandatory Filing of Form 11 for LLP

 

Form 11 is a Yearly return that is to be filled by all LLPs irrespective of turnover throughout the year. Even when an LLP does not convey out any services or business during the business year, Form 11 needs to be filed. Apart from Essential data about Name, Address of LLP, details of Partners/ Designated Partners, other information that need to be submitted are:

• Total enrichment or contribution by/to partners of the LLP
• Characteristics of notices obtained towards Penalties imposed / compounding offenses performed during the financial year which must be e-filed on the MCA gateway. The pre-fill option is available to reduce your efforts also.

 

 

 

 

 

 

Documents to be presented along with Form 11

 

• Details of LLP and company in which partners/ designated partners (DP) are directors/ partners (It is mandatory to attach these details in case any partner/ DP is a partner in any LLP and director in any other company)
• Any other information can be provided as an optional attachment to this e-Form

 

 

 

 

 

Latest Tax Structure: Commencement 2020

 

 

• • • • • • • • • • • The entrance limit of Rs 1 crore for a tax audit is proposed to be raised to Rs 5 crore with influence from AY 2021-22 (FY 2020-21) if the taxpayer's cash records are restricted to 5% of the gross receipts or annual turnover, However, and if the taxpayer's cash payments are limited to 5% of the aggregate payments. For LLPs in mean tax audit is not required deadline, the due date for tax filing is July 31.

 

• • • • • • • • • • • For LLPs which have certified indulged into any international transactions with associated buisiness or have undertaken particulat Domestic Transactions they are meant needed to file Form 3CEB. A practicing Chartered Accountant should verify this Form. Limited Liability Partnerships that are expected to submit this Form can do their tax filing by November 30. Moreover, LLPs should file their income tax return in Form ITR 5. This Form could be presented online via the income tax website with the help of the selected partner's digital signature.

 

 

 

 

 

 

Tax Structure of LLP 2019-20: 30% -low

 

 

• Overcharge:
  A surcharge shall extend the measure of income-tax at the rate of 12% of such tax, wherever total income exceeds Rs. 1 crore rupees. Mostly, the surcharge shall be subjected to marginal relief. It is where revenue exceeds Ra. 1 crore rupees, the total cost payable as income-tax. The tax does not pass the total amount payable as income-tax on total revenue of Rs. 1 crore rupees by higher than the amount of income that exceeds Rs. 1 crore rupees.
• Health And Education Blueprint:
  The amount of income-tax and the mentioned surcharge, should be further increased by health and education cess measured at the rate of 4% of those income-tax and surcharge.
• Alternative Merest Tax:
  Tax due by LLP cannot be less than 18.5% (raised by Surcharge and HEC) of "adjusted total income" as per 'section 115JC'.

 

 

 

Considerable Sanctioned due dates for LLP annual filing FY 2019-20

 

 

• LLP Form 11 Due Date For Annual Return Filing
  30/5/2020
  
• The Due Date For IT Returns: 31.07.2020 / 30.09.2020
  The last date for filing income tax returns for LLPs, which does not require Tax Audit July 31, 2020, and if Tax Audit is then needed due to date for IT Returns for LLP would be September 30, 2020.
  LLP form 8 Due date- 30.10.2020
  
• Late Fees For Form LLP 8 And LLP 11 Filing
  If there is a noticeable delay in filing Form 8 and 11 of LLP, a penalty of Rs. 100 per day per form is payable from the due date of filing return till the actual date return is filed.
  

 

 

 

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