Annual Filings Requirements for Limited Liability Partnerships (LLPs):
- Statement of Account & Solvency (Form 8): LLPs need to file this form within 30 days from the end of the six-month period after the financial year ends. It includes information about the LLP’s financial position, assets, liabilities, and solvency.
- Annual Return (Form 11): LLPs must file the annual return within 60 days from the close of the financial year. This form provides details about the LLP’s partners, capital structure, changes in partners, and other relevant information.
- Income Tax Return: LLPs are required to file an income tax return annually, in addition to the MCA annual filings. The due date for income tax return filing depends on the LLP’s turnover and other criteria.
- Audit of Books of Account: LLPs with a turnover exceeding Rs. 40 lakh or a contribution exceeding Rs. 25 lakh are required to get their books of account audited by practicing Chartered Accountants.
Please note that the financial year for LLPs is from April 1st to March 31st, and specific due dates for filings may vary. It is important to comply with these requirements to ensure legal and regulatory compliance.
Benefits of Annual Filings for Limited Liability Partnerships (LLPs):
- Compliance with Legal Requirements: By filing annual statements and returns, LLPs fulfill their legal obligations and maintain compliance with the regulations and provisions of the Limited Liability Partnership Act, 2008. This helps avoid penalties and legal issues.
- Transparent Financial Reporting: Annual filings, such as the Statement of Account & Solvency, provide transparency in the LLP’s financial position, including assets, liabilities, and solvency. This helps stakeholders, including partners, creditors, and investors, assess the LLP’s financial health and make informed decisions.
- Maintaining Good Standing: Regularly filing annual returns and statements demonstrates that the LLP is active and in good standing. It enhances the credibility and reputation of the LLP, making it more trustworthy in the eyes of clients, suppliers, and other business partners.
- Access to Financial Services: Updated and accurate financial records through annual filings can help LLPs access various financial services, such as loans, credit facilities, and investment opportunities. Financial institutions often require these filings to assess the LLP’s creditworthiness and financial stability.
- Compliance with Tax Regulations: Annual filings, including income tax returns, ensure compliance with tax regulations. It allows the LLP to report its income, claim deductions, and fulfill its tax obligations. Proper tax compliance helps avoid penalties and legal consequences related to taxation.
- Stakeholder Confidence: By fulfilling annual filing requirements, LLPs demonstrate their commitment to transparency, accountability, and good governance. This fosters trust and confidence among partners, employees, investors, and other stakeholders, strengthening the overall business relationships.
- Record-Keeping and Business Evaluation: Annual filings create a documented record of the LLP’s financial performance, changes in partners, and other vital information. These records can be valuable for future reference, business evaluation, potential mergers or acquisitions, or when seeking funding or partnerships.
Overall, annual filings for LLPs offer a range of benefits, including compliance with legal requirements, financial transparency, credibility, access to financial services, tax compliance, stakeholder confidence, and maintaining proper records for business evaluation.
Checklist/Requirements for Annual Filings of Limited Liability Partnerships (LLPs):
- Financial Statements of the LLP: Prepare the financial statements, including the balance sheet, profit and loss statement, and cash flow statement, reflecting the financial position and performance of the LLP during the financial year.
- Details of the Partners: Gather updated information about the partners of the LLP, including their names, addresses, and any changes in their status (e.g., addition or removal of partners).
- Declaration on Solvency: Prepare a declaration stating the solvency of the LLP, affirming that the LLP is capable of meeting its obligations and liabilities as they fall due.
- Details of Partners and Designated Partners’ Interests: Collect information regarding the partners and designated partners’ interests in other entities, such as companies or LLPs. This includes details of any directorships, partnerships, or significant shareholdings they hold in other organizations.
The process of Annual Filings for a Limited Liability Partnership (LLP) typically involves the following steps:
- Prepare Financial Statements: Compile the LLP’s financial statements, including details of its income, expenses, assets, and liabilities.
- File Annual Return: Submit the Annual Return (Form 11) to the Registrar of Companies within 60 days after the financial year ends. This form provides information about the LLP, its partners, and other required details.
- Meet Income Tax Requirements: Fulfill the income tax filing and audit requirements as per the Income Tax Act. This involves filing the LLP’s income tax return and getting the books of account audited by a Chartered Accountant if required by the law.
Please note that the actual process may involve additional steps and specific deadlines depending on the regulations applicable in your jurisdiction. It’s advisable to consult with a professional or refer to the official guidelines for accurate and up-to-date information.
The key deliverables in simpler terms:
a. Statement of affairs: A document that provides information about the LLP’s financial status, including its assets, liabilities, and overall financial condition.
b. Filed MCA Forms and Ack copies: Proof of submitting the required forms to the Ministry of Corporate Affairs (MCA) and obtaining acknowledgement copies as evidence of filing.
c. Payment Acknowledgement copies: Receipts or acknowledgements showing that any required payments, such as filing fees or penalties, have been made and recorded.
These deliverables are important documents that demonstrate compliance with regulatory requirements and provide evidence of fulfilling necessary obligations.
What do you want to know?
If an LLP is formed after 1st of October of the current year, say 1 October 2021, it can file returns in the next March, 31 March 2022, or the following March, 31 March 2023, allowing it to file its first financial return for a period of 18 months.
By 30th of October, Form 8 must be completely filled out. A penalty of Rs.100 per day of delay may be imposed, if you fail to file.
Form 8 must be digitally signed by at least two LLP Designated Partners. If the LLP’s total sales is less than or equal to Rs 40 lakh, or if the contribution obligation of the partners is less than or equal to Rs 25 lakh.
Form 8 must be approved by the LLP’s auditor, if the LLP’s total sales exceeds Rs 40 lakh or the partners’ contribution obligation exceeds Rs 25 lakh.
If the LLP does not file Form 11 before the 31st of May, a penalty of Rs 100 per day would be imposed. Because there is no ceiling on the penalty, the sum might rise over time.
If the sales is less than Rs 5 crores and the total partner contribution is less than Rs 50 lakh, the authorised partner’s digital signatures will suffice. Form 11 must be verified by a Company Secretary in full-time practice, if the turnover exceeds Rs.5 crores and the total partner contribution exceeds Rs. 50 lakh.