Annual Filing for LLP
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Overview of Annual Compliance of Limited Liability Partnership firm
A Limited Liability Partnership or LLP enjoys a separate status in the business market. Therefore, an organization requires to maintain its active status by filing the annual compliance with the Ministry of Corporate Affairs (MCA) on a regular basis. Annual compliance filing of LLP is necessary, whether the business is operating or not. Annual compliance for LLP needs filing two separate forms, one is for Annual Return and another one is for the report of Accounts and Solvency.
The forms are submitted for reporting the business activities and financial data for every upcoming financial year. If the LLP fails to file the Annual Compliance requirements leads to an additional or penalty fee of ₹ 100 every day for the delay till the actual date of registering. Thus, apart from the authorization, the heavy penalty obliges the Designated Partners to fulfil the needs and requirements.
Benefits of Annual Compliance of LLP
Record of Financial Worth
The forms filed by Limited Liability Partnership are approachable by companies. Therefore, while entering into major projects or contracts, the authorized party may also visit or audit the financial worth. LLP annual filing submits the record of financial worth of the company and capacity to an interested individual or party.
Higher Credibility
Formal compliance is a basic requirement for any entity or business. The status of Limited Liability Partnership annual filing is exhibited at the Master Data of the LLP on MCA portal and the same can be obtained by any individual. Annual compliance is a major criterion to evaluate the credibility of the business entity for any loan approvals or any other same kind of requirements.
Easy conversion and closure
Annual filing is mandatory for the conversion of the LLP into any other type of company or organization. The regular compliance reports ease the conversion process. The same employ in case of closure of an LLP firm. Even if the LLP was not working, the Registrar may demand to file the annual compliance, along with the LLP filing fee, if needed.
Maintain active status and avoid penalties
In case of back-to-back default in the annual filing, the Limited Liability Partnership can be announced as defunct or obtain default status. Also, the partners can be announced as defaulters and also can be disqualified from their farther appointment in LLP or any other company. Thus, it is mandatory to file the annual return to maintain the active status of the LLP. Filing the annual returns also saves the LLP from heavy penalties and additional fees.
Checklist details for Filing of Annual Compliance
Significant Advantages: Powers enjoyed by Limited Liability Partnerships are as follows:
- Abilities to sue and be sued.
- Have the powers to employ individuals.
- The associates have the power to keep business activities directly.
- Hold the power to indulge into all types of legal agreements.
- In an LLP, one partner is not answerable or liable for another partner’s negligence or misbehavior.
- Can open a bank account.
- An LLP provides limited liability security for the partners.
- If there is only one member in the company, there is time to get a new one outwardly, and without the dissolving of the Limited Liability Partnership also.
- If the number of Partners step-downs less than 2, the sole associate can still find a new companion to fill the partner’s space.
- LLPs can hold assets and accounts which are separate from that of the supporters or promoters.
- An LLP can have limitless associates while the Post establishment.
- LLP is a separate legal existence.
- An LLP has the power to raise the funds from Banks, Partners, and NBFCs.
Checklist for Filing of Annual Compliance of LLP
- Annual returns need to be submitted with the Registrar of Companies (ROC).
- Annual returns of the LLP to be accompanied and filled up under the prescribed format of Form 11
- Annual returns have to be filed within 2 months or 60 days from the close of the year. This could be filled on the 30th of May of every year.
- The annual compliance should be met by every registered LLP, even if there is no business activity. It has to be obtained if the LLP has been closed down or even not a business bank account exists..
Documents required for Annual Filing of Compliance for LLP
- Certificate of Incorporation and PAN card of LLP
- The LLP Agreement along with any report or agreement, if any
- Financial report or Statement of LLP duly signed by the assigned partners
- DSC of all assigned partners is needed
- Identification Number of LLP
- Name of the LLP as a Proof of Title
- Principal business endeavors of the LLP
- Registered office address and Business classification of the LLP
- Total responsibility for the contribution of partners of the LLP
- Aspects of assigned Partners and Partners of the LLP
- Review of Designated Partners and Partners
- Total input supported by all partners of the LLP
- Details of penalties imposed on the LLP, if any
- Facts of intensifying offences, if any
- Features of LLP or company in which Partners hold the position of Director or Partner.
Frequently Asked Questions
There are 3 essential compliances needed for LLP compliances every year..
- Annual Return
- Financial reports or Statements of the LLP
- IT Returns Filings.