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All You Need To Know About LLP Annual Compliance
LLPs are separate legal entities; therefore, it is the responsibility of the Designated Partners to maintain a proper book of accounts and file an annual return with the MCA each financial year. LLP form 11, Form 8 & Income tax return are main compliances
LLP Annual Filing Forms:
Form 11 is a statement of annual return. Every LLP is required to file Annual Return in Form 11 to the Registrar within 60 days from the closure of financial year i.e. Annual Returns have to be filed on or before 30th May every year.
Form 8 is a statement of accounts. Every LLP is required to prepare and close its accounts until the 31st March every year. From 8 is to be filed by at least two Designated Partners with the Registrar within 30 days after completion of six months of Financial Year i.e. 30th October every year.
Late filing of such forms entail penalties of Rs. 100/- per day of default.
LLP Annual Calendar
Benefits of Annual LLP Compliance
By complying with the requirements of the Registrar of Companies and the Ministry of Corporate Affairs, the LLP and partners will increase their reputation in the eyes of the public. Through this process an LLP can increase its compliance requirements. More investors would be willing to invest in an LLP that complies with the requirements of the law.
By complying with the requirements of the authorities, the LLPs would face lesser burden when it comes to compliance requirements. If compliances are not followed up or filed by the LLP, it can be detrimental to the development of the LLP. Hence it is crucial that all the requirements related to compliance are followed by the partners of the LLP.
Foreign Direct Investment
The Government of India have recently brought out guidelines for FDI in LLPs. Foreign direct investment is a form of direct investment or indirect investment by a foreign company in the shares or capital structure of an Indian entity. By complying with the requirements of the authorities, foreign investors are more likely to invest in LLPs.
Checklist of Annual Compliance's for LLP
In correspondence to the benefits, all LLPs need to follow some annual compliances and file certain statutory accounts with the Government. These are the major compliance requirements for an LLP:
Books of Account- All the Limited Liability Partnership Firms must maintain a proper book of accounts in regards to their affairs each year on a cash or accrual basis. The book of accounts must be maintained as per the double-entry accounting system at the registered office. If the turnover of LLPs is more than INR 40 Lakhs or capital exceeds the limit of INR 25 Lakhs, then the accounts must be audited by a proficient Chartered Accountant.
Annual Return Filing- A mandatory compliance for all LLPs is that they have to file two kinds of annual returns in each financial year in Form 8 and Form 11.
Form 8- It is filed within 30 days from the closure of six months of the financial year with the prescribed fee. Form 8 must be digitally signed by at least 2 designated partners of an LLP and certified by a Company Secretary/ Chartered Accountant/Cost Accountant. Further, this Form is sub-divided into two parts, Part A which includes the Statement of Solvency and Part B that entails the Statement of Accounts, Statement of Income and Expenditure
Form 11- This Form includes the information of all the partners, such as the total no. of partners, contribution received by each partner, details of the corporate body, and summary of the partners. All LLPs must file Form-11 within 60 days from the closure of the financial year along with the prescribed fee. Therefore, the due date for filing this Form is 30th May of each year.
Filing of Income Tax Return- Another essential compliance for LLP is to file an annual income tax return, irrespective of the profits or revenue. Hence, even a dormant LLP that has not undertaken any transactions needs to file an income tax return.
Maintain important documents– Once registered, an LLP is required to keep a record of its incorporation document, proof of the fee paid, names of the partners (any changes made), Statement of Account & Solvency, Annual Returns filed with the Registrar. Such documents must be readily made available for verification at the request of the concerned authority.
Documents Required For LLP Annual Compliance
PAN Card of shareholders and Directors.
Foreign nationals must provide a valid passport.
Latest Passport size photograph of Shareholders and Directors.
Aadhar card and Voter ID/ Passport/ Driving License of Shareholders and Directors.
Director’s Address Proof
Latest Telephone Bill /Electricity Bill/ Bank Account Statement of Shareholders and Directors.
Business Address Proof
Latest Electricity Bill/ Telephone Bill of the registered office address
In case of NRI or Foreign National, documents of director (s) must be notarized or apostilled