Is the next important task marked in compliance list. Every Limited Liability Partnerships (LLPs) which are registered with the Ministry of Corporate Affairs (MCA) have to file the Annual Returns and Statement of Accounts for the FY 2018. here are three main compliances which should be red flagged by all the designated partners of LLP:-
(i) Preparation and filing of Annual Return under the LLP Act, 2008;
(ii) Preparation and filing of Financial Statements of the LLP
(iii) Filing of Income Tax Returns under the Income Tax Act, 1961.
Majority of the Stakeholders are ambiguous to the fact that whether filings of the Annual Returns are the mandatory thing even if they are not doing the business?
& the answer to the dubious question is YES! Every LLP has to be compliant even if there are no operations in the organisation.
It is the responsibility of the organization to file all the required documents even if there are no operations or business during the financial year.
Let’s understand which LLP’s have to file the Annual Returns and Income Tax Return for the year 2018:
(I) FILING ANNUAL RETURN OF LLP:-
Annual Returns in LLP i.e… Form 11 is a Summary of LLP’s Partners like whether there are any changes in the management of the LLP.
Every LLP is required to file Annual Return in Form 11 to the Registrar within 60 days from the closure of financial year i.e. the Annual Returns has to be filed on or before 30th May every year and for the financial year ended on 31st March 2018 the last date for filing the annual return is 30th May 2018.
Note:- Form 11 or Annual Return is Applicable on those LLPs which are registered until the 30th September 2017. If your LLP is registered on or after the 1st October 2017 then you do not require to file LLP Annual Return in the year 2018.
(II) FILING ANNUAL ACCOUNTS OR STATEMENT OF ACCOUNTS OR P&L AND BALANCE SHEET:-
Every LLP or any other legal entity from solo firm to a Private limited company have to prepare their accounts to get the information regarding your business that how much profit is earned by your LLP.
Every LLP has to close their accounts till 31st March 2018 on this year. They are required to maintain the Books of Accounts in Double Entry System and has to prepare a Statement of Solvency (Accounts) every year ending on 31st March.
LLP Form 8 to be filed with the Registrar of LLPs on or before 30th October every year. Therefore, 30th October 2018 is the last date for filing annual accounts this year.
Note:– Form 8 or Annual Statements for the year 2018 is applicable to those LLP which is registered till the 30th September 2017. If your LLP is registered on or after the 1st September 2017 then you do not require to file LLP Annual Statements in the year 2018.
(III) FILING INCOME TAX RETURNS FOR THE LLP:-
Every LLP have to file the Income Tax Returns for the year 2018. In simple words, LLP is a separate legal entity so with the partner’s income tax return you have to always file the LLP Income tax return where you show your LLP’s Income and calculate the tax liability and pay the taxes to the government of India. LLP have to calculate their tax liability from their financial statements for the year 2018.
Mostly Income Tax Return the Last date is 31st July 2017 (unless extended) in this year for the Individual and legal entities. However, in the case where Audit is required, the last date for filing Income Tax returns is 30th September 2018.
If the LLP has not carried any business during the year ended 31.03.2018, the LLP has to file a NIL IT RETURN with Income Tax Authorities.
Note:- Filing of Income Tax Return is Applicable on all the LLP’s which are registered during the financial year 2017-18. Therefore, it’s not a matter if your LLP is registered after the 01-10-2017 still you have to file Income tax return from the date of incorporation till 31-03-2018.
AUDIT REQUIREMENT UNDER LLP ACT, 2008:-
Only those LLPs whose annual turnover exceeds Rs. 40 lakhs or whose contribution amount exceeds Rs. 25 lakhs are required to get their accounts audited by a qualified Chartered Accountant. Meaning thereby, All the statements of accounts are certified by the CA.
AUDIT REQUIREMENT UNDER INCOME TAX ACT, 1961:-
Audit of accounts is a mandatory requirement under Income Tax Act when the annual turnover of LLP is more than Rupees one hundred lakhs.
CERTIFICATIONS FROM COMPANY SECRETARY IN PRACTICE (PCS):-
In case of LLPs with turnover more than five crore rupees in a financial year or contribution more than Rupees fifty lakh, the annual return shall be certified by a Company Secretary in Practice.
CONSEQUENCES FOR NON-FILING LLP ANNUAL RETURNS AND ACCOUNTS:-
If there is a delay in filing Form No. 8 and Form No. 11 of LLP, you will have to pay penalty as applicable on today’s date. If the filing is not done within stipulated time, there is a penalty of Rs. 100 per day till it is compiled. You cannot close or wind up your LLP without filing Annual Accounts.
So if you don’t file mandatory forms on time with the MCA, your LLP turns into unlimited statutory liability until the day it is compiled.
The provisions of the Act require LLPs to file the documents like Statement of Account and Solvency (SAS) in Form 8 and Annual Return (AR) in Form 11 within the time specifically indicated in relevant provisions.
The LLP Act contains provisions for compounding of offences which are punishable with fine only. Further, for defaults/non-compliance on procedural matters such as time limits for filing requirements provisions have been made for charging default fees (on daily basis) in a non-discretionary manner. To avoid the consequences of heavy penalty, it would be advisable to comply on time within stipulated due date of filing.
Actions taken by Registrar of Companies against the LLPs who have not filed their Returns and Statement of Accounts:-
Apart from the above consequences and penalties, the Registrar has right to strike off the LLPs who are not filing their Financial Statements (Form 8) and Annual Returns (Form 11) for a period of two immediate financial years.
In the line of above right and under the provisions of Section 75 of the LLP Act, 2008 read with Rule 37 of the LLP Rules, 2009, the following registrar of Companies has issued the public notice proposing striking of the name of LLPs who are not filing their Annual Returns and Financial Statements:
It is advisable for all the Designated Partners to complete their Annual Filings in respect of LLPs to avoid striking off the name of LLPs and prevent from disqualification of DPIN (DIN).
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