A compilation of all the ROC (LLP) Filing Due dates for Financial Year 2020-21 (AY 2021-22)

A Limited Liability Partnership is a business structure that requires a minimum number of two members and there is no limit on the maximum number of members. The liability of the members of the Limited Liability Partnership is limited. If we talk about Compliance requirement of an LLP, it is less than Private Limited Company. Yet it is important to keep a track of the Important Statutory due dates for LLP Annual Filing falling in the year so that an LLP can be well prepared for all the compliances to be met in a year. Here we have prepared a calendar for all the Important Statutory Due dates for LLP Annual Filing (LLP Form 8 & LLP Form 11) for FY 2020-21.

Important Update on the Extension of Due date for LLP Form 8 and Income Tax Return

Due to representations received from various stakeholders for the extensions of the due date for the Statement of Account and Solvency without paying additional fees by LLPs on account of challenges faced by the LLPs due to COVID-19 pandemic, the MCA has decided to allow the extension in the due date for filing Form 8 for the Financial Year 2020-21 without paying additional fees up to 30th December, 2021.

Also, on the basis of the various requests received, the CBDT has announced the extension in the due dates for Income Tax filing. Hence, for the Financial Year 2020-21, the last date for filing Income Tax Returns for LLPs which does not require Tax Audit has been extended till 31st December 2021 from 31st July 2021 and if Tax Audit is required then due date for IT Returns for LLP has been extended to 15th February, 2022 from 30th September 2021.

LLP Annual Filing 

• Every Limited Liability Partnerships (LLPs) is required to file its annual return in Form LLP 11 within 60 days from the end of the financial year and Statement of Account & Solvency in Form LLP 8 within 30 days from the end of six months of the close of financial year.
• It is mandatory for every LLP to follow with the statutory requirement such as Annual Return, Income Tax Return, Profit and Loss Account, Balance Sheet, every year, even if it does not do any business. Just like Companies, LLPs are required to maintain their financial year, as 1st April to 31st March.

LLP Form 11 due date (LLP Annual Return Filing) – 31.07.2021- As extended from 30.05.2021

• Every LLP registered in India is required to file its annual return in LLP form 11 within 60 days from the closure of the financial year that means the due date for filing LLP Form 11 (LLP Annual Return Filing) for the FY 2020-21 is 31st August, 2021 (The due date for LLP Form 11 has been extended from 31st July, 2021 to 31st.08.2021 due to the COVID 19 situation).
• It is mandatory for every LLP to file its Annual Returns and financial statements with the Ministry of Corporate affairs even if they are not doing any business.
• LLP Annual return or LLP Form 11 is a summary of all the Designated partners like whether there are any changes in the management of LLP or not.
• It is a mandatory requirement of law and even NIL returns must be filed.

LLP form 8 Due date  – 30.10.2021 (30.12.2021- As extended)

• An annual filing form namely LLP Form 8 is a statement of Accounts and solvency that needs to be filed with ROC every year.
• Statement of Account and Solvency shall be filed with the ROC within 30 days from the end of six months of the financial year to which the statement relates that means the due date for filing LLP form 8 (LLP Annual Filing) for the FY 2020-21 is 30th October, 2021.
• This Form contains details like a declaration on the state of solvency of the LLP by the designated partners and also information related to statement of assets and liabilities and statement of income and expenditure of the LLP.

Due date for IT Returns for LLP

• This is not compliance exclusive to LLPs, but any business and individuals, though all LLPs must also file Income Tax Returns on or before the due date.
• For the Financial Year 2020-21, the last date for filing Income Tax Returns for LLPs which does not require Tax Audit is 31st December 2021 (Extended from 31st July 2021) and if Tax Audit is required then due date for IT Returns for LLP is 15th February, 2022 (Extended from 30th September 2021).
• Even if the LLP has not done any business for the current financial year, they are required to file a Nil Income Tax Returns with the Income Tax authorities.

Late fees for form LLP 8 and LLP 11 filing  

• If an LLP does not file its annual filing forms within the prescribed time, then there would be penalty of Rs. 100 per day per form is payable from the due date of filing return till the date actual return is filed.

It is the responsibility of the Designated Partners of an LLP to maintain a proper book of accounts and file an Annual Return with the MCA each financial year. Hence it is advisable that you file your form LLP 8 and Form 11 before the due dates.