1. Key Annual Filings for LLPs
LLPs must file the following annual returns:
a. Statement of Account and Solvency (Form 8)
- Declares the financial position of the LLP, including assets, liabilities, and solvency status.
- Due Date: Must be filed within 30 days from the end of 6 months of the financial year (i.e., by October 30th each year).
b. Annual Return (Form 11)
- Provides details of all partners and changes during the year.
- Due Date: Must be filed within 60 days from the end of the financial year (i.e., by May 30th each year).
- Late Fee: ₹100 per day of delay.
c. Income Tax Return
- Filed with the Income Tax Department to report income earned by the LLP.
- Due Date:
- July 31st (if audit is not required).
- October 31st (if audit is required).
- Audit is mandatory if turnover exceeds ₹40 lakh or contribution exceeds ₹25 lakh.
2. Prerequisites for Filing
- LLP Identification Number (LLPIN): Unique identifier for the LLP.
- Digital Signature Certificate (DSC): At least one designated partner must have a Class 3 DSC.
- Designated Partner Identification Number (DPIN): Active DPINs for all designated partners.
- Access to the MCA Portal
- Books of Accounts: Properly maintained financial statements and supporting documents.
- LLP Agreement: Ensure any changes during the year have been updated.
3. Filing Process for Form 8 (Statement of Account and Solvency)
- Log In to MCA Portal:
- Visit MCA Portal and log in using your credentials.
- Download Form 8:
- Go to the “MCA Services” section and download Form 8.
- Fill the Form:
- Enter details such as:
- Statement of solvency.
- Details of secured and unsecured loans.
- Assets and liabilities.
- Income and expenditure statement.
- Attach the signed financial statements as required.
- Enter details such as:
- Sign the Form:
- Use the DSC of the designated partner(s) to sign the form.
- Upload and Pay Fees:
- Upload the filled form on the MCA portal.
- Pay the prescribed fees online.
- Acknowledgment:
- Upon successful submission, download the acknowledgment receipt.
4. Filing Process for Form 11 (Annual Return)
- Log In to MCA Portal:
- Visit the MCA Portal and log in.
- Download Form 11:
- Go to the “MCA Services” section and download Form 11.
- Fill the Form:
- Enter details such as:
- Name of the LLP.
- Registered office address.
- Total contribution by partners.
- Changes in partners (if any).
- Attach supporting documents, if required.
- Enter details such as:
- Sign the Form:
- Use the DSC of the designated partner(s) to sign the form.
- Upload and Pay Fees:
- Upload the completed form and pay the applicable fee.
- Acknowledgment:
- Download the acknowledgment receipt after successful submission.
5. Filing Income Tax Return
- Prepare Financial Statements:
- Ensure the Profit & Loss Account and Balance Sheet are ready and audited if required.
- File ITR Forms:
- Use ITR-5 for LLPs.
- File online via the Income Tax e-Filing portal
Verification:
- Verify the return using an Electronic Verification Code (EVC) or send a signed copy of ITR-V to CPC, Bangalore.
6. Penalties for Non-Compliance
- Form 8 and Form 11: Late filing incurs a penalty of ₹100 per day per form until filing is completed.
- Income Tax Return:
- Late filing attracts a penalty of up to ₹5,000 under Section 234F (if filed after the due date but before December 31st).
- Interest on tax dues may also apply
Checklist for Timely Compliance
- Maintain proper books of accounts throughout the year.
- Ensure DSC and DPIN of designated partners are active.
- Regularly monitor filing deadlines and reminders.
- Hire a professional (CA or CS) if needed for accuracy.
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