Annual Filing of LLP in Form 11 & 8
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!
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.
It Usually takes 5 to 7 working days.
- 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
- LLP want to comply to the Annual Compliance as mandated my ROC/MCA
- 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.
- 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)
- Shareholders & Shareholding Details of the company. (Including any transfer of shares, if any)
- Bank Account Number & IFSC of All Active Bank Accounts.
- DSC Tokens of the Partners.
- Email & Contact Number of the Company
- Copy of Pan, Tan, COI, LLP Deed.
- Last year's ROC & Income tax return
- Particulars of penalties or compounding offences (if applicable)
All About Annual Filling of a LLP with ROC - Form 11 & Form 8 Filling
Annual Filing for a Limited Liability Partnership
Compliances for a LLP in India
Limited Liability Partnerships are separate legal entities; hence, it is the duty of the elected partners for maintaining a proper book of accounts and filing an annual return with the Ministry of Corporate Affairs (MCA) annually.
Limited Liability Partnerships are not required to audit their books of account except where their annual turnover is more than Rs.40 lakhs or if the contribution is more than Rs.25 lakh. Hence, an LLP is not required to get their books of account audited if it fulfils the above-mentioned condition, making the process of annual filing simpler.
Limited Liability Partnerships are required to file their Statement of Account & Solvency within a period of 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 financial year.
Dissimilar to Companies, Limited Liability Partnerships are mandatorily required to maintain the financial year, from 1st April to 31st March. Hence, the Statement of Account & Solvency is to be filled on or before October 30th of every financial 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.
Form 8 - LLP (Statement of Account & Solvency)
Every LLP is required to file Form 8 within a period of 30 days from the end of 6 months of the respective financial year. Accordingly, the due date of Form 8 would be 30th October.
List of Attachments to Form 8
- Disclosure under Micro, Small and Medium Enterprises Development Act, 2006 (this attachment is mandatory).
- Audited Financial Statement (if applicable).
- Statement of Contingent Liability (if contingent liability exists).
- Any other additional documents, as required.
The signature requirement of Form 8
- Form 8 needs to be digitally signed by a minimum of two designated partners of LLP (authorized representative in case of Foreign LLP).
- Additionally, Form 8 needs to be certified by the Auditor. Such auditor’s certificate is required only in case if the total turnover of LLP exceeds INR 40 Lakhs or the partner’s obligation of contribution exceeds INR 25 Lakhs.
It should be noted that Form 8 can be certified either by the Chartered Accountant (in whole-time practice) or the Company Secretary (in whole-time practice) or the Cost Accountant (in whole-time practice).
Penalty for Non-Filing of Form 8
In case the LLP fails to file Form 8, then, a penalty of INR 100 per day is payable from the due date of filing of Form 8 till actual filing of the Form.
Important points to be taken care of
- Every LLP registered on or before 30th September 2018 are required to mandatorily file a statement in Form 8 for the Financial Year ending on 31st March 2019.
- The due date for filing Form 8 for the Financial Year ending on 31st March 2019 would be 30th October 2019.
- Filing fees of Form 8 are tabulated below:
|Contribution of LLP||Filing fees of Form 8|
|Up to INR 1 Lakhs||INR 50|
|More than INR 1 Lakhs up to INR 5 Lakhs||INR 100|
|More than INR 5 Lakhs up to INR 10 Lakhs||INR 150|
|More than INR 10 Lakhs||INR 200|
It should be noted here that, in case of Foreign Limited Liability Partnership, the filing fees of Form 8 are INR 1000.
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.
Statements of Accounts and Solvency
All enrolled LLPs are required to have their books of accounts in place and fill in data with respect to the profit made, and other financial data in regards to business, and submit it in Form 8, every year. Form 8 must be attested by the signatures of the designated partners and should also be certified by a practising chartered accountant or a practising company secretary or a practising cost accountant. Failing to file, the statement of accounts & solvency report within the specified due date will lead to a fine of Rs.100 per day. The due date to file form 8 is October 30 of every financial year.
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.
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.
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 plan’s price.
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.
To bring in additional director, you need to secure digital signature (DSC ).
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.
👉 Form MGT 7 is used to file Annual Return. The due date is 180 days from end of Financial Year(FY)
👉 Form AOC 4 is used to file Annual Accounts. The due date is 180 days from end of Financial Year(FY)
👉 Form MGT 7 is used to file Annual Return. The due date is 60 days from conclusion of Annual General Meeting(AGM).
👉 Form AOC 4 is used to file Annual Accounts. The due date is 30 days from conclusion of Annual General Meeting(AGM).
Other returns include: *ADT 1 -for appointment of auditor *CRA 4 -for Cost Audit Report(if applicable) Following events also require filing with MCA:
👉 Change in board composition (e.g. appointment of director)
👉 For creation/modification/satisfaction of charge
👉LLP form 11 needs to be signed with digital signature of any one designated partner.
👉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).
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