A Limited Liability Partnership (LLP) is one business entity which is operated by two or more partners, where the liability of any one is limited to a partnership share. It is basically a partnership having limited liabilities just like a corporation.
Annual filing may be explained as submitting a set of mandatory documents to the appropriate governmental or regulatory authority (generally, it is the Ministry of Corporate Affairs (MCA) in India, or a similar department in other countries). The filing should be made each year to keep the LLP from going against the law and financial regulations of the area where it is registered.
Such submissions usually include the financial statements, annual returns, and various other compliance-related forms that help maintain the legal status of an LLP and stay away from fines.
LLP Annual Return (Form 11) : An LLP is required to submit its annual return on a yearly basis. This document gives information about the work and the partners of the LLP, as well as the partners who are designated. The deadline for filing this return is within 60 days from the end of the financial year.
Information to be included in Form 11:
Statement of Accounts & Solvency (Form 8) : The Statement of Accounts & Solvency is a yearly financial record that LLPs are required to submit. It illustrates the LLP's financial position through a balance sheet comprising the assets, liabilities, and equity. Additionally, it has a statement of solvency supporting the idea of the business being able to meet its debt obligations.
Information in Form 8:
Income Tax Return (ITR) : Just like companies, LLPs are required to submit a yearly income tax return to the tax authorities. This is submitted to the Income Tax Department and is not concurrent with the annual filing submitted to the MCA.
Key Documents for ITR Filing:
Form 11 (Annual Return): This should be filed within 60 days of the financial year, which is generally on March 31. For instance, if the financial year is ending on March 31, the latest date for filing the Form 11 would be May 30.
Form 8 (Statement of Accounts & Solvency): Submission of this form is required within a period of 30 days following the end of six months from the end of the financial year which is normally October 30 of the year ending March 31.
Income Tax Return (ITR): The last date for the ITR filing of LLPs is normally July 31 of the assessment year, unless the government grants an extension.
LLPs are required by law to submit the annual return and financial statements. Non-compliance may result in various fines such as:
Late Filing Fee for Form 11 (Annual Return): A fine equal to ₹100 for each day of delay is charged with a maximum limit of ₹1,00,000.
Late Filing Fee for Form 8 (Statement of Accounts & Solvency): A fine equal to ₹100 for each day of delay is charged with a maximum limit of ₹1,00,000.
Income Tax Penalty: A penalty amount that will be levied on late filing of income tax returns can range between 5,000 and 10,000 based on the time of the late filing. Moreover, interest can be charged as well.
Preparation of Financial Statements: The LLP should initially prepare its financial statements which is a prerequisite for filing the annual return. These statements mainly consist of the balance sheet, profit and loss account, and statement of solvency.
Get Digital Signature Certificate (DSC): The partners who are members of the Board of Directors need to sign the documents in an electronic manner through a Digital Signature Certificate (DSC).
Access the MCA Portal (India-specific): A case in point is an LLP in India; an LLP has to log in to the portal of the Ministry of Corporate Affairs (MCA). They can upload these later (Form 8 and Form 11).
Fill and Submit Forms: Once LLP has logged in, he/she will be asked to complete and file Form 8 and Form 11, with the required attachments. These may include:
Pay Filing Fees: Once the forms are filled out, the LLP needs to pay the registration fees imposed. This is an online payment at the MCA portal.
Obtain Acknowledgement: After submitting, the MCA will give an acknowledgement to the filing, which will ensure the successful filing of the annual returns of LLP.
Legal Compliance: Annual returns filing is a legal requirement. Regular compliance is necessary for the LLP to remain registered and not to be extinct from the law.
Maintaining Business Reputation: A good reputation of the business is that timely and proper filing of annual documentations reflects transparency and professionalism, which can enhance a good reputation on the business in the eyes of investors, customers and regulators.
Avoiding Penalties: Penalties may be taken against failure to file, and in extreme cases, the deregistration of the LLP. To prevent them, it is important to keep track of the deadline to file and provide the correct returns.
Financial Transparency: The submission of the financial statements provides an accurate picture of the financial health of the business. This, therefore, helps the stakeholders such as the investors or creditors to decide the position of the company.
The significance of the LLP yearly filing is that it is a chief element of having a professionally functioning business that meets the legal requirements. It is about ensuring that your business is not in a bad standing with the regulatory authorities and that it still gets the benefits of limited liability protection. By being on time, you will be able to avoid the penalty, and hence concentrate on the growth of your business.
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