FLA is the Annual return on Foreign Assets and Liabilities. As per the latest circular issued by the RBI Circular No. A. P. (DIR Series) Circular No. 22 Dated- 21.10.2015 even LLPs have to file FLA returns with the RBI. The concept and the filing procedure remains the same, here is a bird’s eye view of the same.
What is it?
An Annual return on the Foreign Assets and Liabilities of the Company, notified under FEMA 1999. Return to be filed under A.P. (DIR series) and to be submitted to the Department of Statistics and Information Management, RBI Mumbai.
Which LLPs need to file this?
It is required to be submitted directly by all the Indian LLPs which have received FDI (foreign direct investment) and/or made FDI abroad (i.e. overseas investment) in the previous year(s) including the current year i.e. who hold foreign Assets or Liabilities in their balance sheets.
Due dates to file it?
FLA Return is mandatory under FEMA 1999 and LLPs are required to submit the same based on audited/ unaudited account by 15th July every year through official email id of any authorized person of the LLP like Designated Partner/Partner at fla@rbi.org.in
Before 30th September each year, audited details are required to be filed.
Format of filing it?
The FLA Return has to be submitted in excel based format, which has inbuilt checks and validations. The latest format of FLA return is available on RBI’s website at the following link:
https://www.rbi.org.in/Scripts/BS_ViewFemaForms.aspx
For detailed FAQs on FLA Return you may please read more on the following link:
https://taxguru.in/rbi/day-file-rbi-return-foreign-liabilities-assets-faq.html
Points to note:
1. FLA return is an annual return and is not dependent on whether the LLP has received or given out foreign exchange in the past year.
2. Applicable to registered partnership firms as well
If the Partnership firms, Branches or Trustees have any outward FDI outstanding as of end-March of the reporting year, then they are required to send a request mail to get a dummy CIN number which will enable them to file the Excel based FLA Return. If any entity has already got the dummy CIN number from the previous survey, they should use the same CIN number in the current survey also. It is also informed that these dummy CIN numbers are provided by RBI for filling the excel based FLA return only and not for any other purpose.
3. It is separate and independent of the Annual Performance Report
4. FLA return being a mandatory reporting compliance, any non-compliance will attract stringent penal provisions and penalties under FEMA, and the officers of the company would be held liable consequently.
Kunal R. Sarpal, is the Founder Partner of White Collar Legal LLP, Company Secretaries, a firm which is based in Pune and specialises in Company Law, IPR and FEMA Compliance and Consultancy, reach us at whitecollarlegal@gmail.com and visit our website at www.whitecollarlegal.in
