Mandatory Compliances for LLPs under LLP Act, 2008
Limited Liability Partnerships (LLPs) in India are governed by the LLP Act, 2008 and administered through the MCA portal.
Every LLP, whether small or large, active or inactive, must comply with certain statutory requirements. Non-compliance attracts penalties.
This article covers all mandatory compliances for LLPs in India.
Key Annual Filing Compliances
| Form | Purpose | Due Date | Applicability |
|---|---|---|---|
| Form 11 | Annual Return | 30th May every year | All LLPs |
| Form 8 | Statement of Account & Solvency | 30th October every year | All LLPs |
| ITR | Income Tax Return | 31st July (no audit) / 30th September (audit) | All LLPs |
| DIR-3 KYC | DIN KYC | 30th Septemper every year | Partners who has DIN |
Unlike companies, LLPs are not required to hold Annual General Meetings (AGMs) or maintain extensive registers.
Statutory Compliances for LLPs
1. Filing of LLP Annual Return (Form 11)
- Contains details of partners, contributions, and changes during the year.
- To be filed irrespective of turnover or business activity.
- Due Date: 30th May every year.
2. Filing of Statement of Account & Solvency (Form 8)
- Declaration on financial position and solvency of the LLP.
- Must be signed by designated partners and certified by a CA/CS/CMA. If Audit is mandatory, then should be additionally digitally signed bby Auditor
- Due Date: 30th October every year.
3. Income Tax Return (ITR)
- Filing is mandatory for every LLP.
- If turnover < ₹40 lakhs and contribution < ₹25 lakhs → no audit required.
- If above thresholds → tax audit mandatory under Income Tax Act.
- Due Date (unless extended by Govt.):
- 31st July if no audit.
- 30th September if audit required.
4. DIR-3 KYC (for Partners with DIN)
- If partners hold a Director Identification Number (DIN), they must complete DIR-3 KYC annually by 30th September.
Additional Compliances (Case-Specific)
- Event-based filings:
- Change in partners → Form 3 & Form 4
- Change in LLP agreement → Form 3
- Change in registered office → Form 15
- Maintenance of Books: LLPs must maintain proper books of account (cash or accrual basis).
- Other Registrations: GST, PF, ESI if applicable.
FAQs
Q1. Is compliance required for LLPs with no business?
Yes. Even if there is no business activity, Form 11 and Form 8 must be filed annually.
Q2. What happens if LLP does not file for many years?
ROC may strike off the LLP and additional fees will need to be paid.
Q3. Is audit compulsory for every LLP?
No, only if turnover > ₹40 lakhs or capital contribution > ₹25 lakhs.