LLP Annual Return Filing, Process for LLP E-filing, and LLP Filing Due Dates

Introduction

A Limited Liability Partnership (LLP) is a distinct legal entity, registered with the Ministry of Corporate Affairs (MCA). You can fulfill this requirement by completing the LLP annual e-filing. This blog shall cover details about LLP annual filings, the process for LLP e-filing, and other important information about Limited Liability Partnerships.

What is an LLP(Limited Liability Partnership)?

An LLP (Limited Liability Partnership) is a type of business where partners have limited responsibility for the business’s debts, meaning their personal belongings are protected. LLPs are registered with the Ministry of Corporate Affairs (MCA) and have simpler rules to follow compared to private companies.

Significant Highlights for filing of Annual Compliance

• The Registrar of Companies (ROC) requires LLPs to file annual returns.
• LLPs must submit Form 11 in the prescribed format within 60 days after the financial year ends, usually by May 31st.
• Along with Form 11, Form 8 must also be filed by October 30th.
• Even if an LLP has no business activity, it must complete annual compliance.
• If the LLP is shut or has no bank account, necessary records must still be maintained.

LLP Annual Return Filing Form

Documents required for LLP Annual Return E-filing

These documents help LLPs maintain compliance with MCA and tax authorities, avoiding penalties for late filing.

1. LLP Form 11 (Annual Return) – Due by May 31st

• LLP Identification Number (LLPIN)
• Partner details (name, DIN/DPIN, contribution)
• LLP agreement details and amendments (if any)

2. LLP Form 8 (Statement of Accounts & Solvency) – Due by October 30th

• Balance sheet and financial statements
• Declaration of solvency by partners
• Profit and loss statement

3. Income Tax Return (ITR-5): Due by July 31st (if not subject to audit) or October 31st (if audited)

• PAN card of LLP
• Financial statements (profit & loss, balance sheet)
• Bank statements and invoices for income and expenses
• Tax computation and audit report (if applicable)

4. DSC (Digital Signature Certificate)

• DSC of designated partners for signing eForms

5. Other Supporting Documents (if applicable)

• Any resolutions passed during the year
• Details of changes in partners, capital, or agreement

Procedure for LLP Annual Return E-filing

Before Annual E-filing for an LLP you must follow these steps accordingly to complete the process legally.

• Access the MCA Portal : Go to the LLP section and select the appropriate category to download the required eForm (with or without the instruction kit).
• Review the Instructions : You can refer to the instruction kit anytime by downloading it with the eForm or viewing it under the Help menu.
• Fill Out the eForm : Complete the downloaded form by entering the required details.
• Attach Required Documents : Ensure all necessary documents are added as attachments.
• Use the Prefill Option : Connect to the Internet and click the “Prefill” button to populate certain blank fields automatically.
• Sign the Form Digitally : The applicant or an authorized representative must sign the form using a digital signature.
• Verify the Form : Click the “Check Form” button to validate mandatory fields, attachments, and the digital signature.
• Upload for Pre-Scrutiny : Submit the eForm under the Services tab or click “Upload eForm” under the eForms section. If any errors are found, they must be corrected before proceeding.
• Fee Calculation : The system will determine the applicable fee based on the filing due date, including any late fees if applicable.
• Make the Payment : You can make payments electronically via credit card, Internet banking, NEFT, or Pay Later, or traditionally via bank challan.

LLP registration is done online through the MCA portal by submitting necessary incorporation documents. After registration, LLPs must fulfill annual e-filing requirements like Form 11 (Annual Return) and Form 8 (Statement of Accounts). Even if an LLP has no business activity, annual filings are mandatory.

LLP: Income Tax rates in India

• Standard Income Tax Rate : LLPs in India are taxed at 30% of total income.
• Surcharge : A 12% surcharge applies if total income exceeds ₹1 crore.
• Minimum Alternate Tax (MAT) : LLPs must pay MAT at 18.5% of adjusted total income, plus applicable Cess and surcharges.
• Effective Tax Rate : The minimum tax rate after including MAT, Cess, and surcharges cannot be lower than 18.5%.
• Health & Education Cess :  A 4% Cess is levied on the total income tax and surcharge.
• Transfer Pricing Compliance : LLPs involved in international or specific domestic transactions must file Form 3CEB, certified by a Chartered Accountant.
• Tax Filing Deadline : LLPs required to file Form 3CEB must submit their tax returns by November 30th.

For other LLPs:

• Without tax audit : Due date is July 31st
• Requiring tax audit : Due date is September 30th

Conclusion

Annual e-filing is very important for LLPs to stay compliant and avoid penalties. Filing Form 11, Form 8, and income tax returns on time ensures smooth operations and legal security. Even inactive LLPs must complete annual filings. Proper documentation, digital signatures, and adherence to deadlines simplify the process. Timely compliance enhances credibility and avoids legal complications for the LLP.

Suggested Read :

Importance of a LLP Certificate

Purpose of Form 8 for LLP

Advantages of LLP Company

Process to change LLP Agreement

Common Errors in LLP Annual Filing