TAXAJ

Annual ROC Filing of LLP

LLPs in India must file their Annual Return within 60 days from the end of the close of the financial year and Statement of Account & Solvency within 30 days from the end of six months of the close of the financial year. Unlike Companies, LLPs mandatorily have to maintain their financial year from April 1st to March 31st. Therefore, LLP annual return is due on May 30th, and the Statement of Account & Solvency is due on October 30th of each financial year. In addition to the MCA annual return, LLPs must also mandatorily file income tax returns every year. TAXAJ provides a comprehensive LLP compliance service that includes LLP Annual Filing and LLP income tax return filing at a very affordable price.

Every LLP needs to comply with certain annual requirements in order to stay in good standing. Here are some of the key things to keep in mind:

1. File your annual return with the Registrar of Companies. This needs to be done within 60 days of your LLP's financial year end.

2. Submit your audited financial statements to the Registrar of Companies within 30 days of receiving them from your auditors.

3. File your LLP's tax returns on time.

4. Maintain proper books of account and other corporate records.

5. Hold an annual general meeting (AGM) within 6 months of your LLP's financial year end.

6. Comply with any other regulatory requirements that may apply to your LLP.


Failure to comply with any of the above requirements can lead to hefty fines and even the striking off of your LLP. So make sure you stay on top of things and stay compliant!

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About This Plan

A end to end hand holding for your annual requirements is what we have in this plan. TAXAJ will assist you in matters like drafting, appointing, filling and much more.

Created by potrace 1.15, written by Peter Selinger 2001-2017

Timeline

It Usually takes 5 to 7 working days.

Buy Now
Services Covered
Who Should Buy
How It's Done
Documents Required
Services Covered

  • Secretarial services of preparing board resolution, post AGM
  • Yearly filing of Form 11, Form 8 for LLP
  • Disclosure of Interest by Partners
  • Assistance in appointment of Auditor, if required
Who Should Buy

  • LLP want to comply to the Annual Compliance as mandated my ROC/MCA
How It's Done
  • Purchase the plan
  • Share the documents/details as requested by us.
  • We shall prepare the documents as required & get signed by you.
  • Prepare the form as applicable & file it.
Documents Required
    1. Bank Statement of the Company along with mentioning nature & party to whom paid or received (If not already audited & needs to be audited by us)
    2. Shareholders & Shareholding Details of the company. (Including any transfer of shares, if any)
    3. Bank Account Number & IFSC of All Active Bank Accounts.
    4. DSC Tokens of the Partners.
    5. Email & Contact Number of the Company
    6. Copy of Pan, Tan, COI, LLP Deed.
    7. Last year's ROC & Income tax return
    8. Particulars of penalties or compounding offences (if applicable)

Annual Filing of LLP Explained in this Video!

Annual Filing for a Limited Liability Partnership

LLP Accounts Maintenance

Limited Liability Partnerships must maintain proper books of accounts since registration on a cash or accrual basis. Private Limited Companies are required to maintain a book of accounts on an accrual basis. LLPs have the option of maintaining the book of accounts on a cash basis as well. LLP's must maintain books of accounts at the Registered Office of the LLP. It must contain information about all the money received and expended, assets and liabilities, statement of COGS, inventories and finished goods statement. They should also prepare their financial statements within six months after the financial year-end for filing with the ROC.

LLP Tax Audit
LLPs must have their accounts audited by a practising Chartered Accountant if their annual turnover exceeds Rs.40 lakhs or their contribution exceeds Rs.25 lakhs. To avail, the exemption from audit, the partner of the  LLPs must put a statement acknowledging the responsibility for complying with the requirements. The accounts filed with the ROC must contain this statement by the Partners concerning accounting and preparation of financial statements.

Income Tax Return Filing
LLPs must file their Annual ITR, i.e. income tax return using Form ITR 5. Form ITR 5 can be filed online through the income tax website using the digital signature of the designated partner. The deadline for LLP tax filing in India is July 31st if a tax audit is not required. LLP, whose turnover exceeded Rs. 40 Lakh or whose contribution exceeded Rs. 25 Lakh are required to get their accounts audited by a practicing Chartered Accountant. The deadline for tax filing for LLP needed to obtain an audit is September 30th.

LLP Form 11
The annual return of an LLP is due within 60 days of ending financial year. LLPs must uniformly maintain a financial year ends on 31st march. Thus the Annual return is due on or before May 30th of each financial year.

TAXAJ's LLP Annual Compliance includes preparation and filing of LLP Form 11. Form 11 contains various details of the LLP viz. number of partners, contribution received, body corporate as partners and summary. All LLPs should file this form within 60 days from the closure of the financial year with fee. Hence, the due date for filing LLP Form 11 is May 30th each year.

LLP Form 8
Statement of Accounts and Solvency of an LLP is to be filed before 30th october. The filing is due within 30 days from the end of six months of the close of the financial year . It is a mandatory filing that is required for all LLPs in India. It contains a declaration on the state of solvency of the LLP by the designated partners and information related to statement of assets and liabilities and statement of income and expenditure of the LLP.

Form 8 must be filed before 30 November with some prescribed fee. This Form 8 has to be filed within 30 days from the end of 6 months of the financial year. Form 8 must be digitally signed by two designated partners, and it must be certified by a chartered accountant/company secretary/cost accountant. Form 8 has Statement of Solvency, Statement of Accounts and Statement of Income & Expenditure. TAXAJ's LLP Annual Compliance includes preparation and filing of LLP Form 8.

Form 8 - LLP (Statement of Account & Solvency)

If you are an LLP, you are required to file a Form 8 annual return with the Registrar of Companies. This return must be filed within 60 days of the LLP's financial year end.


The Form 8 return must include:

- the LLP's name, registered address and registered number

- the names, addresses and nationalities of the LLP's partners

- the LLP's financial statements

- details of any changes to the LLP's partners during the financial year

- details of the LLP's bank account(s)

- the LLP's principal activity codes


The Form 8 return must be signed by a designated member of the LLP. Failure to file a Form 8 annual return on time can result in a fine of INR 100 per day

Form 11 - LLP (Annual Return of Limited Liability Partnership)

Form 11 of the Limited Liability Partnership Act, 2008 is the registration form for Limited Liability Partnership in India. This form shall be used for registration of Limited Liability Partnership by the Registrar. The form should be in quadruplicate and duly filled in by the applicant. The form should be accompanied by the following:

1. A copy of the partnership deed;

2. A copy of the consent letter from each partner;

3. The name and address of each partner;

4. The name and registered office of the Limited Liability Partnership;

5. The date on which the Limited Liability Partnership is to commence business; and

6. The signatures of the partners.

Audit Applicability Limit for a LLP

The LLP audit limit in India is currently set at Rs. 40 lakhs. This means that any LLP with an annual turnover of more than Rs. 40 lakhs must get its accounts audited by a qualified Chartered Accountant. There are many benefits to getting your accounts audited.


Firstly, it helps to ensure accuracy and transparency in your financial reporting. Secondly, an audit can help to identify any potential areas of financial risk. And thirdly, it can give your business a boost of confidence from investors and creditors. However, it is important to note that the LLP audit limit is only a minimum requirement. This means that even LLPs with a turnover of less than Rs. 40 lakhs can choose to get their accounts audited if they wish.


So, if you are an LLP with an annual turnover of more than Rs. 40 lakhs, make sure to get your accounts audited by a qualified Chartered Accountant. And if you are an LLP with a turnover of less than Rs. 40 lakhs, consider getting your accounts audited as well. It could be the best decision you ever make for your business.

Income Tax Filing of LLP

If you are running a business through a limited liability partnership (LLP), you will need to file taxes annually. Here is what you need to know about LLP tax filing. As an LLP, you will be taxed as a partnership rather than as a corporation. This means that your business will not be subject to corporate income tax. Instead, the LLP will be taxed on its net income.

To file your LLP taxes, you will need to complete a Partnership Return of Income. This form will report the LLP's income, expenses, and capital gains or losses. Each partner will then be required to report their share of the LLP's income on their personal tax return. If you are running an LLP, it is important to be aware of the tax filing requirements. By staying compliant, you can avoid any penalties or interest charges.

Frequently Asked Questions:

Q. Is return filing with ROC not same as income tax return?

Income tax return is submitted to Income Tax department whereas ROC returns are filed with Ministry of Corporate Affairs (MCA) with whom the company is registered. It is mandatory to file the prescribed ROC forms and other returns on annual basis.

Q. Our firm is registered as a Limited Liability Partnership Firm. What are the annual returns to be filed with MCA and what are their due dates?

For LLPs, the due date of Form 11 (Statement of Annual Return) filing is 60 days from end of financial year i.e 30th May of the Assessment Year. For form 8 (Statement of Solvency) the due date is 30th October.

Q. What are the consequences of not filing the forms?

 If the LLP annual return form is not filed within due date, then a penalty of Rs.100 per day per form is applicable until the default continues. There is no limit on the maximum penalty amount and hence the amount increases over time., In case of company, the penalty amount depends upon the nominal share capital and period of delay.

Q. Will there be any additional charges during ROC filing?

Yes, the plan covers only the professional & ROC filing fees (excluding fee for SH-7) from TAXAJ. Apart from this, there is stamp duty payable. Stamp duty charges are imposed by state in which the registered office is proposed to be located. The charges will be based on the nature of MCA form. In some states the amount varies according to the authorised capital of the company. These charges are not part of the planโ€™s price.

I need flexibility in the name of my company. Can I provide multiple names?

Yes, you can provide as many names as you desire. We will be filing a RUN(reserve unique name) form for each pair of names. Additional charges of Rs. 1000 will apply for each pair. These will not be covered in the current package.

Our company would like to bring in a foreign citizen as a director. Is this covered in your package?

To bring in additional director, you need to secure digital signature (DSC ).

๐Ÿ‘‰Click here to purchase digital signature

Only passport of the foreign director is required. In some countries, residency certificate will be provided. 

These need to be submitted for the application. Any incidental charges here is not covered in the package.

Q. I am sole director of a One Person Company. What are the applicable Annual return forms and their due dates?

๐Ÿ‘‰ Form MGT 7 is used to file Annual Return. The due date is 180 days from end of Financial Year(FY)

๐Ÿ‘‰ Form AOC 4 is used to file Annual Accounts. The due date is 180 days from end of Financial Year(FY)

Q. What are the Annual return forms and their due dates for private limited companies other than One Person Companies?

๐Ÿ‘‰ Form MGT 7 is used to file Annual Return. The due date is 60 days from conclusion of Annual General Meeting(AGM).

๐Ÿ‘‰ Form AOC 4 is used to file Annual Accounts. The due date is 30 days from conclusion of Annual General Meeting(AGM).

Q. What other returns are to be filed with MCA?

Other returns include: *ADT 1 -for appointment of auditor *CRA 4 -for Cost Audit Report(if applicable) Following events also require filing with MCA:

๐Ÿ‘‰ Change in name

๐Ÿ‘‰ Change in registered office

๐Ÿ‘‰ Change in board composition (e.g. appointment of director)

๐Ÿ‘‰ Alteration of share capital

๐Ÿ‘‰ For creation/modification/satisfaction of charge

Q. Do I need to get digital signature for filing ROC returns?

๐Ÿ‘‰LLP form 11 needs to be signed with digital signature of any one designated partner.

๐Ÿ‘‰In case of company, the annual return form has to be signed with the digital signature of the director or the company secretary in practice (as the case may be).

Q. What are the government fees applicable for annual ROC filing?

The fees differ based on your turnover and share capital, however minimum government charges are:

๐Ÿ‘‰AOC 4: Rs. 300.

๐Ÿ‘‰MGT-7: Rs. 300.

Q. I and my partner are both directors and shareholders in our company. We wish to bring in two additional shareholders as well. Is that covered in the package?

In the current package, we cover upto 2 digital signatures for two directors. For two additional shareholders, you need to secure two additional digital signatures certificates. We offer digital signature certificate - Click here to purchase digital signature