Hello Auditor

Describe the e-forms required annually by LLPs.

Introduction

A Limited Liability Partnership (LLP) is a hybrid business structure offering the benefits of limited liability along with the flexibility of a partnership. Though LLPs are not subjected to the complex compliance framework that applies to companies, they are still required to maintain transparency and legal accountability through annual statutory filings. These filings are submitted as e-forms through the Ministry of Corporate Affairs (MCA) portal. Timely submission of these forms is essential to avoid penalties and ensure the LLP remains in good standing. This article outlines the key e-forms that LLPs are required to file annually and their significance in regulatory compliance.

Form 11 – Annual Return of LLP

Form 11 is an essential annual filing that provides a summary of the LLP’s partners, capital contribution, and any structural changes during the financial year. It must be filed by 30th May each year for the previous financial year ending 31st March. Even LLPs with no business activity must file this form. It is digitally signed by a designated partner and does not require any attachment unless changes in partners or capital occurred.

Form 8 – Statement of Account and Solvency

Form 8 is the financial statement that includes the solvency declaration made by the designated partners and the statement of assets and liabilities. It must be filed by 30th October each year. LLPs with a turnover exceeding ₹40 lakh or capital contribution exceeding ₹25 lakh must get the accounts audited and attach the auditor’s report with Form 8. This form ensures that the LLP is financially sound and compliant with statutory financial reporting norms.

Form ITR-5 – Income Tax Return

All LLPs are required to file Form ITR-5 annually with the Income Tax Department. The due date is 31st July if audit is not applicable, and 31st October if audit is required under the Income Tax Act. The form is filed electronically and must disclose details of income, deductions, tax paid, and partner remuneration. It helps the government assess the LLP’s tax liability and is a critical component of financial compliance.

DIR-3 KYC – Partner Identification Compliance

Though not specific to the LLP itself, all designated partners holding a Director Identification Number (DIN) must file DIR-3 KYC or DIR-3 KYC Web annually to confirm their contact details. This form must be filed by 30th September every year. Failure to file results in the deactivation of the DIN, which can impact the LLP’s ability to file other statutory forms.

Form 3 – Changes in LLP Agreement (If Any)

Though not strictly annual, Form 3 must be filed any time during the year when there is a change in the LLP Agreement, such as partner roles, profit-sharing ratio, or business activities. If no changes occur during the year, this form is not mandatory. However, when applicable, it must be filed within 30 days of the change to avoid penalties and legal discrepancies.

Form 4 – Partner or Designated Partner Changes (If Any)

Form 4 is filed to report any change in the designated partners or their particulars. Like Form 3, it is not an annual requirement unless such changes take place during the financial year. When applicable, it must be submitted within 30 days of the change along with necessary supporting documents and partner consent.

Form 15 – Change in Registered Office (If Applicable)

Form 15 is required if there is a change in the registered office address of the LLP. Though it’s not an annual filing, it may become relevant in a given year depending on operational decisions. The form must be filed within 30 days of the change and accompanied by proof of address and partner resolution.

Form 24 – Strike Off (If Applicable)

In cases where the LLP is non-operational and partners decide to close the firm, Form 24 is used to apply for striking off the LLP from the MCA records. This form is not filed annually but only when the LLP meets the eligibility criteria and chooses to exit voluntarily. It involves submitting affidavits, indemnity bonds, and a statement of account showing nil assets and liabilities.

Conclusion

LLPs are required to maintain compliance through a defined set of annual e-forms, primarily Form 11, Form 8, and Form ITR-5, along with conditional forms like DIR-3 KYC, Form 3, and Form 4. Filing these forms on time helps in avoiding financial penalties, ensures transparency, and keeps the LLP in good legal standing. While the compliance burden is lighter compared to private limited companies, adherence to these basic filings is crucial for the lawful and uninterrupted functioning of an LLP. Maintaining a compliance calendar and seeking professional guidance can help LLPs meet their statutory obligations efficiently.

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