Compliances of LLP

Limited Liability Partnerships (LLP) are emerging ever since the introduction of the Companies Act, 2013 as it is a form of business entity, which allows individual partners to be free from the concept of joint liability of partners in a partnership firm. Now, as the government is increasing the compliances and disclosures for a Company form of structure, most of the people are choosing LLP form of business due to its simple and less complex compliances. But one has to be very vigilant and pro-active about the compliances of LLP as most of its Form involves per day penalty. Accordingly, this article covers the aspects of the filing of the mandatory forms by the LLPs under Income Tax and the Limited Liability Partnership Act, 2008.

A. Annual Compliances of LLP

Every LLP registered under the provisions of the LLP Act, 2008 is required to file the following forms on the Income Tax Portal/MCA Portal:

i. Annual Return of LLP – Form 11

• Pursuant to Section 35(1) of the LLP Act, 2008 every LLP is required to file Form 11 with the Registrar of Companies within 60 days of the closing of the Financial Year i.e. by 30^th May, 2019.
• Number and details partners and designated partners have to be entered into.
• Attachments: Details of Companies/LLPs in which the Designated Partner/Partners is a Director/partner
• To be digitally signed by the Designated Partner and certified by a practicing professional.
• Penalty of Rs. 100/- per day in case of non-filing. Other penal provisions are also there.

ii. Statement of Account and Solvency – Form 8

• Pursuant to Section 34(2) of the LLP Act, 2008 every LLP shall file Form 8 regarding statement of Account and Solvency, within a period of 30 days from the end of six months of the closure of the financial year and accordingly, the same has to be file by 30^th October, 2019.
• There is no prescribed format for preparation of financial returns of the LLP and therefore, the accounts are prepared in the format provided in Form 8.
• Attachments: Audited Financial Statements (in case applicable), Disclosure under MSME Development Act, 2006 and Statement of Contingent Liability, if exists
• The Form has to be digitally signed by both the Designated partners, Auditor (in case any) and further should be certified by a practicing professional.
• Penalty of Rs. 100/- per day in case of non-filing. Other penal provisions are also there.

iii. Filing of Income Tax Return by LLP– ITR 5

Every registered LLP shall file Income Tax Return in ITR-5 within the following specified time period:

 Special Note: 

If any LLP is incorporated after 30^th Day of September of a year the financial year may end on the 31^st March of the year next following that year. For eg. Suppose a LLP is incorporated on 03^rd day of October, 2018 then such LLP can file the Form 8 and 11 after 31^st Day of March, 2020. However, ITR has to be filed for the FY ended March, 2019. 

B. Basic Event Based Compliances for LLP

{The author  i.e. Kajal Goyal is a Company Secretary in Practice at Kajal Goyal and Associates and can be reached at (M) 9999952595 and (E) cskajalgoyal@gmail.com}