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Frequently Asked Questions
What is the meaning of the Financial Year for ROC Return of LLP?
The meaning of the financial year for income tax and the ROC filing is different. For the ROC filing, the financial year starts from the date of incorporation and ends with the next 31st March. However, if the LLP is incorporated after 30th September, then the financial year ends next to next 31st March.
For LLP incorporated before 30th September, during the calendar year 2020, the first financial year shall end on 31st March 2021, and thus would be required to file Form 11, Form 8 and Income Tax Return before their respective due dates.
For LLP incorporated after 30th September, during the calendar year, the financial year shall be an extended period beyond 12 months, and it shall end on 31st March 2022. Thus during the year 2021, there is no ROC Return that shall be filed in the year 2019. However, in all cases, the ITR shall be filed before 31st July 2021
What is the meaning of Financial Year for the filing LLP ITR?
The financial year for ITR of the LLP is from 1st April to next 31st March. Even if the LLP is incorporated on 31st March 2021, the financial year shall be 2020-21, and the LLP incorporated between 1st April 2020 to 31st March 2021 shall be required to file its ITR before 31st July 2021.
What is the government fee, due date, and Form for filing the Annual Returns of an LLP?
The LLP is required to file two returns with the Registrar of Companies through the e-filing portal of MCA. To submit the return digital signature of the designated partner is needed. Please refer below table for the due dates
|Form Name||Due Date||Normal Fee||Additional Fee|
|Form 8||30 October 2021||Rs. 50/-||Rs. 100 for each day of delay|
What happens if Form 11 and Form 8 for an LLP is not filed on time?
The non-filing of Form - 11 and Form - 8 is a serious non-compliance of the LLP Act, 2008. These returns can be filed late with an additional fee of Rs. 100 for each day of delay. For example - If the return filing of LLP is delayed by three months, then the extra charge would be Rs. 9,000 for each form. There are two forms, ie. Form 11 and 8, thus the total additional fee shall be Rs. 18,000/- which keeps on increasing with Rs. 200 for every day of delay.
Who can certify Form 11, i.e.Annual Return of LLP?
The Form-11 needs to be certified by at least two Designated Partner, however in case, turnover of LLP exceeds five crores or the contribution of LLP is more than 50 lakh then the annual return of such LLP needs to certified by a practicing company secretary.
What is the penalty for Non Filing of the Annual Return?
Any contravention of the timeline in filing/ non-filing as such is a punishable offense with a penalty on the LLP which shall not be less than Rs. 25,000/-, however it may extend to Rs. 5 lakh and each Designated Partner of the LLP is further punishable with a fine which shall not be less than Rs. 10,000 but may extend to Rs. 1 lakh.
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