What are the compliance requirements for LLPs in India?

What are the compliance requirements for LLPs in India?

Compliance Requirements for LLPs in India: A Complete Guide

Limited Liability Partnerships (LLPs) have become a popular business structure in India due to their hybrid nature—combining the benefits of a company and a partnership. While LLPs enjoy operational flexibility and limited liability protection, they are also subject to several compliance requirements under Indian law.

Whether you're starting a new LLP or managing an existing one, it’s essential to understand and follow these compliance norms to avoid penalties and ensure smooth operations.

What is an LLP?

An LLP (Limited Liability Partnership) is a corporate body governed by the Limited Liability Partnership Act, 2008. In an LLP, each partner's liability is limited to their agreed contribution, protecting them from personal liability for business debts.

Key Compliance Requirements for LLPs in India

1. LLP Agreement Filing (Form 3)

  • Timeline: Within 30 days of incorporation.

  • Details Required: Profit-sharing ratio, duties of partners, rules of operation, etc.

  • Penalty for Non-Compliance: ₹100 per day of delay (no upper limit).

2. DIN KYC for Designated Partners

  • Who: All Designated Partners holding a DIN (Director Identification Number).

  • Form: DIR-3 KYC or DIR-3 KYC Web.

  • Timeline: On or before 30th September each year.

  • Penalty for Delay: ₹5,000 per partner.

3. Annual Return Filing (Form 11)

  • Due Date: 30th May every year.

  • Contents: Summary of partners, contributions, and business activities.

  • Applicable Even If: The LLP has not done any business in the year.

  • Penalty for Delay: ₹100 per day.

4. Statement of Accounts & Solvency (Form 8)

  • Due Date: 30th October every year.

  • Details: Statement of assets, liabilities, and solvency.

  • Audit Requirement: If turnover exceeds ₹40 lakhs or contribution exceeds ₹25 lakhs.

  • Penalty for Delay: ₹100 per day.

5. Income Tax Return (ITR-5)

  • Due Date:

    • 31st July (non-audited LLPs)

    • 31st October (audited LLPs)

  • Audit Requirement: If turnover exceeds ₹1 crore (as per Income Tax Act).

  • Penalty for Late Filing: ₹1,000 to ₹10,000 based on turnover and delay.

6. Tax Audit (if applicable)

  • Threshold: ₹1 crore (business) or ₹50 lakhs (profession).

  • Reporting: Under Section 44AB of the Income Tax Act.

7. Other Statutory Registrations (as applicable)

Depending on the business activity, the LLP may also need to comply with:

Consequences of Non-Compliance

Failure to comply with LLP regulations can lead to:

  • Heavy late filing fees (₹100 per day per form)

  • Disqualification of partners

  • Striking off of LLP by the Registrar

  • Legal action under the LLP Act, 2008

Tips for Staying Compliant

  • Maintain updated books of accounts.

  • Set reminders for all due dates.

  • Use professional help (CA/CS) for timely filings.

  • Consider annual compliance packages offered by consultants or online platforms.

Conclusion

Compliance might seem like a burden, but for an LLP in India, staying on top of legal obligations is crucial for long-term credibility and growth. A proactive approach not only saves you from penalties but also enhances your reputation among clients, banks, and investors.

If you're running an LLP or planning to start one, make compliance a priority right from day one!

Created & Posted by Ravi Kumar
CA-Article at TAXAJ

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