What filings does LLP compliance include?
LLP compliance is the yearly filing of Form 11, the annual return, by 30 May, and Form 8, the statement of account and solvency, by 30 October. An LLP also files an income-tax return in ITR-5. It does not file a company’s AOC-4 or MGT-7.
Which forms are filed every year?
For a financial year ending 31 March the two Registrar forms are fixed.
- Form 11 within 60 days of the year end, which is 30 May.
- Form 8 within 30 days from the end of six months of the year, which is 30 October. The designated partners declare solvency on that form.
Each designated partner who holds a DIN files Form DIR-3 KYC Web by 30 June of every third consecutive financial year, and within 30 days if the mobile number, email, or residential address changes. A delay in Form 8 or Form 11 draws an additional government fee. This page does not quote that figure. The working set is on the LLP annual page. There is no annual general meeting.
When is an LLP audited?
Two audits are different tests.
- A statutory audit under the LLP Rules, when turnover exceeds ₹40 lakh or the contribution exceeds ₹25 lakh.
- A tax audit under section 44AB, when business turnover exceeds ₹1 crore, or ₹10 crore if cash receipts and cash payments are each within 5%.
An LLP below both lines still files Form 11 and Form 8. The partner rules are on the LLP page. There is no cap of 50 partners of the kind that applies to a firm.
Which income-tax return does an LLP file?
ITR-5, signed with the digital signature of a designated partner. Without a tax audit the return is due on 31 July. With a tax audit it is due on 31 October. Those dates are not the dates of Form 11 or Form 8.
Firm and LLP tax is 30% plus the health and education cess, with a surcharge of 12% when net income exceeds ₹1 crore. A partner’s share of profit is exempt in the partner’s hands under section 10(2A). GST, when the turnover or a compulsory case requires it, is on the GST registration page.
What is filed once, after incorporation?
The LLP agreement is filed in Form 3 within 30 days of incorporation. A later change to the agreement is filed again in Form 3. That is not a substitute for Form 8 or Form 11. The year’s dates, as distinct from the closed 2020 list, are on the calendar note.
Frequently asked questions
Four questions cover the AGM, the audit test, a late filing, and GST.
Does an LLP hold an annual general meeting?
No. An LLP does not hold an AGM and does not file MGT-7 or AOC-4. The annual return is Form 11 and the accounts are Form 8.
Is every LLP audited?
No. A statutory audit under the LLP Rules applies when turnover exceeds ₹40 lakh or the contribution exceeds ₹25 lakh. A tax audit under section 44AB is a separate test.
Does this page quote a daily fee for a late Form 8 or Form 11?
No. A delay draws an additional government fee. The figure is not restated here.
Is GST registration automatic when the LLP is incorporated?
No. GST follows the turnover and the compulsory cases on the GST registration page. Incorporation does not create a GSTIN.
Sources
Form 11 and Form 8 are LLP filings. The income-tax return is ITR-5.