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Annual compliances for LLP

 

 

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What are the forms to be filed in LLP ROC Annual Filing ?

1. Form 8 for Accounts and Solvency of the LLP.

2. Form 11 for Annual Return of the LLP.

3. E kyc of Designated partner.

Annual Compliances For Limited Liability Partnership

A Limited Liability Partnership enjoys a separate status. Thus, an organization needs to maintain its active status by regularly filing with the Ministry of Corporate Affairs (MCA). Annual compliance filing is mandatory for any LLP, whether having a business or not. Annual compliance for LLP requires filing two separate forms. One of which is for Annual Return, whereas another one is for Statement of Accounts and Solvency.

The forms are filed for reporting the activities and financial data for each financial year in the upcoming year. The failure to fulfill LLP Annual Compliance requirements levies an additional fee of ₹ 100 each day of a delay till the actual date of filing. Hence, apart from the mandate, the heavy penalty compels the Designated Partners to fulfill the requirements.

 

Pursuant to the provisions of the Limited Liability Partnership Act, 2008 (known as LLP Act, 2008) and the rules made thereunder, every LLP is required to file its Annual Return with the jurisdictional Registrar of Companies within 60 days from the date of financial year in LLP Form-11 and to file the Its Accounts and solvency (Form- 8 )within on or before 30th October for the previous preceding financial year.

FORM-8:-

  • Statement of Account & Solvency should be filed in Form 8
  • Form 8 should be filed within 30 days from the end of 6 months from the end of Financial year.
  • Form 8 consists of 2 parts ie. Part A- Statement of Solvency and Part B-Statement of Accounts, Statement of Income and Expenditure.
  • Form 8 needs to be certified by designated partners and professional (CA/CS/CWA).

 

Small LLP

A "Small LLP" is a recent concept introduced by the LLP (Amendment) Act 2021. It refers to a Limited Liability Partnership meeting the following criteria:

  • Its contribution does not exceed Rs 25 lakhs or a higher amount, as determined by the Government (up to a maximum of Rs 5 Crores).
  • Its turnover in the previous financial year does not exceed Rs 40 lakhs or a higher amount, as determined by the Government (up to Rs 50 Crores).

 

 

MCA Fees filing Statement of Account & Solvency (Form 8)

Every form which is filed with ROC will have Govt fee. The Government fee is as follows

S.NoContribution AmountFee Applicable
1Up to Rs 1,00,00050
2More than Rs 1,00,000 up to Rs 5,00,000100
3More than Rs 5,00,000 up to Rs 10,00,000150
4More than Rs 10,00,000 up to Rs 25,00,000200
5More than Rs 25,00,000 up to Rs 1,00,00,000400
6More than Rs 1,00,00,000600

 

5. Additional Fee (Penalty) for belated filing Statement of Account & Solvency (Form 8)

Belated filing of Statement of Account & Solvency (Form 8) attracts penalty. The Penalty for non-filing of Form 8 is Rs 100 per day till 31st Mar 2021. w.e.f 01st Apr 2022, Late fee for LLP Compliance has been reduced as follows

 

S.NoPeriod of delayAdditional fee payable for Small LLPs (INR)Additional fee payable for Other than Small LLPs (INR)
1Up to 15 days1 times of normal filing fees1 times of normal filing fees
2More than 15 days and up to 30 days2 times of normal filing fees4 times of normal filing fees
3More than 30 days and upto 60 days4 times of normal filing fees8 times of normal filing fees
4More than 60 days and upto 90 days6 times of normal filing fees12 times of normal filing fees
5More than 90 days and upto 180 days10 times of normal filing fees20 times of normal filing fees
6More than 180 days and upto 360 days15 times of normal filing fees30 times of normal filing fees
7Beyond 360 days15 times of normal filing fees plus Rs.10 per day for everyday delay beyond 360 days30 times of normal filing fees plus Rs.20 per day for everyday delay beyond 360 days

FORM 11:-

 Annual Return of LLP Form 11 is to be filled by all LLPs irrespective of turnover or business transaction during the year. 

The aim to file Form 11 is to report any significant changes in the LLP during the past financial year, such as changes in designated partners or partners. 

 Due Date: 30th May of every year (i.e, within 60 days from the Closure of financial year).

 

AUDIT APPLICABILITY :-

Audit of books is  mandatory for all the LLPs only  where in any financial year the Turnover exceeds 40 Lakhs or Contribution of Partners exceeds 25 lakhs



 

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Turnover less than 40 lakhs.

Annual filing of LLP(Form 8 & 11).

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E kyc of Designated Partners.

Book-Keeping and Accounting are not part of this package.

 

 

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Turnover less than 80 lakhs.

Annual filing of LLP(Form 8 & 11).

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Assistance & filing of  audit report .

E kyc of Designated Partners.

Book-Keeping and Accounting are not part of this package.

 

 

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Annual filing of LLP(Form 8 & 11).

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GST filing including GST9.

Income Tax filing.

TDS return filing.

Assistance & filing of  audit report .

E kyc of Designated Partners.

Book-Keeping and Accounting are not part of this package.

 

 

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Frequently asked questions

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