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Compliances for LLP in India

A Limited Liability Partnership (LLP) offers the flexibility of a partnership with the benefits of limited liability. However, every LLP registered in India must adhere to annual and event-based compliances under the LLP Act, 2008 and the Income Tax Act, 1961. Whether active or dormant, compliance is mandatory to avoid penalties and maintain good legal standing.

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Importance of LLP Compliance

  • Legal Standing: Ensures your LLP remains valid and recognized by the Registrar of Companies (ROC).
  • Financial Transparency: Builds trust with investors, banks, and stakeholders.
  • Avoid Penalties: Prevents heavy fines and prosecution for non-compliance.
  • Business Continuity: Smooth operations without regulatory hurdles.

List of Key LLP Compliances

(with Due Date, Penalty & Documents required)

LLP’s in India must adhere to both annual and periodic compliances to remain legally valid and financially sound. Below are the key requirements:

Form 11 (Annual Return)

  • Due Date: May 30 each year
  • Details: Summarizes partner details and capital contributions
  • Penalty: โ‚น100 per day of delay (no maximum cap)
  • Documents Required:
    • LLP Agreement
    • Details of partners (PAN, DIN, contribution)
    • Proof of registered office

Form 8 (Statement of Account & Solvency)

  • Due Date: October 30
  • Details: Declares solvency and includes financial statements
  • Penalty: โ‚น100 per day of delay (no maximum cap)
  • Documents Required:
    • Balance Sheet & Profit & Loss Account
    • Statement of assets & liabilities
    • Bank statements
    • Audit report (if applicable)

Income Tax Return (ITR-5)

  • Due Dates:
    • July 31 (if audit not required)
    • October 31 (if audit required)
    • November 30 (if transfer pricing applies)
  • Penalty:
    • Late filing fee under Section 234F: โ‚น1,000โ€“โ‚น5,000 depending on turnover
    • Interest under Sections 234A/234B/234C for delayed payment of tax
  • Documents Required:
    • PAN of LLP
    • Financial statements
    • Tax computation sheet
    • Audit report (if applicable)

DIR-3 KYC

  • Due Date: September 30
  • Details: Mandatory for designated partners
  • Penalty: โ‚น5,000 per partner if not filed
  • Documents Required:
    • PAN & Aadhaar of partner
    • DIN details
    • Mobile number & email (OTP verification)

Event-based Compliances

  • Details: Changes in partners, registered office, or LLP agreement must be filed promptly with ROC
  • Penalty: โ‚น100 per day of delay for late filing of required forms
  • Documents Required:
    • Amended LLP Agreement
    • Partner consent forms
    • Proof of new registered office
    • Resolutions/consents

Other Statutory Filings

  • Details: GST returns, TDS/TCS payments, PF/ESI filings (if applicable)
  • Penalty: As per respective Acts (GST late fees, interest on TDS, PF/ESI penalties)
  • Documents Required:
    • GST registration certificate
    • TDS challans & returns
    • PF/ESI registration & employee records

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FAQ's on LLP Compliances

Yes. Every LLP must file annual returns and statements, regardless of turnover or operations.

No. All pending filings must be completed before applying for closure with the ROC.

Heavy penalties accumulate (โ‚น100 per day for ROC forms), and the ROC may strike off the LLP.

Audit is mandatory if turnover exceeds โ‚น40 lakh or partner contribution exceeds โ‚น25 lakh.

Designated partners are legally responsible for ensuring timely filings and may face penalties for defaults.

Any change in partners, registered office, or LLP agreement must be filed promptly with ROC using prescribed forms.

โ‚น5,000 per designated partner, and the DIN becomes deactivated until compliance is restored.

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