Penalties for Late Filing of LLP Documents in India | TAXAJ

What are the penalties for late filing of LLP documents?

Limited Liability Partnerships (LLPs) in India enjoy simplified compliance compared to companies. However, non-compliance with statutory filing requirements can attract hefty penalties and additional fees. Every LLP registered under the Limited Liability Partnership Act, 2008, must adhere to prescribed filing timelines for various forms including Form 8 and Form 11.



Let’s understand the penalties for late filing of LLP documents and how to avoid them.


Key Mandatory LLP Filings

FormDescriptionDue Date
Form 11Annual Return30th May each year
Form 8Statement of Account & Solvency30th October each year
Form 3LLP Agreement and amendmentsWithin 30 days of incorporation or change
Form 4Change in partners/designated partnersWithin 30 days of such change
Income Tax ReturnITR-5 for LLP31st July (non-audit) / 31st October (audit)

Penalty for Late Filing of LLP Forms

1. Additional Fee Structure (per day penalty)

As per MCA norms:

  • ₹100 per day of delay per form, with no upper cap.

  • Applies to all LLP forms including Form 11, Form 8, Form 3, and Form 4.

  • This penalty continues to accumulate until the date of actual filing.

Example:
If Form 11 is filed 60 days late, the penalty will be ₹100 × 60 = ₹6,000.


2. Consequences of Non-Filing

  • Inability to file further forms unless pending forms are filed first.

  • MCA portal blocks filing if prior-year forms are overdue.

  • LLP and Designated Partners may be marked as non-compliant or defaulters.

  • LLP may face disqualification of Designated Partners under Section 164 (if also directors in companies).

  • In extreme cases, LLP may be struck off by the ROC for persistent non-compliance.


Late Filing Penalty for LLP Form 11 (Annual Return)

  • Due Date: 30th May each year.

  • Penalty: ₹100 per day of delay, with no cap.

  • Filing is mandatory even if there is no business activity or nil turnover.


Late Filing Penalty for LLP Form 8 (Statement of Account & Solvency)

  • Due Date: 30th October each year.

  • Penalty: ₹100 per day of delay.

  • Must be digitally signed by Designated Partner and a Chartered Accountant (in some cases).


Penalty for Not Filing LLP Agreement (Form 3)

  • Form 3 must be filed within 30 days of LLP incorporation or amendment.

  • Delay attracts ₹100 per day of default.

  • Without filing Form 3, the LLP agreement is not legally recognized.


How to Avoid LLP Penalties

  1. Maintain a Compliance Calendar with due dates.

  2. Engage a professional firm like TAXAJ to handle filings.

  3. File NIL returns even if there is no activity.

  4. Don’t wait for the last date – file at least a week early.

  5. Ensure DSC and partners' KYC are valid before filing.


TAXAJ’s Expert Tip

“Most LLP penalties are avoidable with proactive compliance. Filing NIL returns for inactive LLPs and maintaining updated documents with ROC can save thousands in penalties.”


Conclusion

Non-compliance with LLP filing timelines in India leads to steep penalties of ₹100 per day with no maximum limit. It is essential for LLPs to stay on top of statutory deadlines to avoid unnecessary legal and financial consequences.

TAXAJ offers complete LLP compliance services, from regular filings to expert legal guidance. Let us help you stay compliant and penalty-free.

Created & Posted by Anuj Kumar

Sr. Taxation Expert at TAXAJ

TAXAJ is a consortium of CA, CS, Advocates & Professionals from specific fields to provide you a One Stop Solution for all your Business, Financial, Taxation & Legal Matters under One Roof. Some of them are: Launch Your Start-Up Company/BusinessTrademark & Brand RegistrationDigital MarketingE-Stamp Paper OnlineClosure of BusinessLegal ServicesPayroll Services, etc. For any further queries related to this or anything else visit TAXAJ

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