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Hello Auditor

Which ITR form is applicable for LLP?

Applicable Form for LLP

  • The correct Income Tax Return form for Limited Liability Partnerships (LLPs) is ITR-5
  • This form is used by LLPs to report income, deductions, and tax liability
  • It is applicable to all LLPs, whether they are audited or unaudited
  • ITR-5 must be filed electronically through the Income Tax e-filing portal
  • The form captures balance sheet, profit & loss account, and partner details

Who Should Use ITR-5

  • All registered LLPs, whether engaged in business or not, must file ITR-5
  • LLPs under audit requirement or with foreign investment must also use this form
  • Firms (excluding those claiming exemption under specific sections) also use ITR-5
  • It is not meant for individuals, HUFs, companies, or trusts
  • LLPs under presumptive taxation are also required to file ITR-5

Filing and Authentication

  • Filing of ITR-5 must be done online only; paper filing is not permitted
  • The return must be digitally signed using the DSC of a designated partner
  • The form should be verified through Electronic Verification Code (EVC) or DSC
  • Returns filed without verification are treated as invalid submissions
  • Proper authentication completes the filing process

Key Sections in ITR-5

  • Part A: General information about the LLP
  • Schedule BP: Income from business or profession
  • Schedule IF: Details of partners and their share
  • Schedule HP, CG, and other income heads (if applicable)
  • Computation of total income, tax liability, and payments

Compliance Requirements

  • Filing ITR-5 is mandatory for all LLPs, even with zero income or loss
  • Returns must be filed by 31st July (non-audited LLPs) or 31st October (audited LLPs)
  • Audit report, if applicable, must be filed before return submission
  • Delay in filing attracts penalties and interest under various sections
  • Timely and accurate filing ensures compliance with the Income Tax Act

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