BRIEF OVERVIEW OF LLP & APPLICABLE MANDATORY COMPLIANCES
INTRODUCTION
A limited liability partnership is a type of business structure combining
elements of a partnership and a corporation.
LLPs provide limited liability
protection to their partners, like the protection offered to shareholders in a
corporation.
KEY FEATURES OF LLP: -
Aspect
|
Description
|
Limited
Liability
|
Partners
are not personally liable for business debts; liability is limited to the
amount invested in the LLP.
|
Flexibility
in Management
|
LLPs provide
flexible management structures, allowing active partner involvement in
day-to-day operations with less rigidity compared to corporations.
|
Pass-through
Taxation
|
Profits
and losses pass through to individual partners, who report them on personal
tax returns.
|
Separate
Legal Entity
|
An LLP is a distinct
legal entity from its partners, enabling it to enter contracts, own property,
and be involved in legal actions in its own name.
|
Registration
and Compliance
|
LLPs
must register with government authorities and adhere to jurisdiction-specific
regulations. The registration process involves filing necessary documents and
agreements.
|
Professional
Services
|
Particularly popular
among professionals (e.g., lawyers, accountants) seeking limited liability
benefits while actively participating in business management.
|
APPLICABLE MANDATORY COMPLIANCE ON LLP: -
Requirement
|
Applicable section
|
Filing Details
|
Due Date
|
Penalties
|
Annual Return-Form
11
|
Section 34(2) of the Limited Liability Partnership Act, 2008
|
Details about partners,
business activities, and financial statements.
|
Within 60 days from the end of the financial year i.e., 30th
May.
|
Rs.100 per day till the date of Filling
|
Financial
Statements-Form 8
|
Section 34(2) and
Rule 24(2) of the Limited Liability Partnership Act, 2008, along with the
Limited Liability Partnership Rules, 2009.
|
Includes Balance Sheet, Profit and Loss Account, and other financial
details.
|
Within 30 days from the end of six months of the financial year i.e.,
30th October.
|
Rs.100 per day
till the date of Filling
|
Income Tax Return
(ITR)
|
The Income Tax Act, 1961
|
File income tax returns
with the Income Tax Department. Accurate financial reporting.
|
As per income tax filing
deadlines (If Audit not mandatory due date is 31st July and is
audit is applicable than due date is 31st October.
|
Minimum-Rs.1000 Maximum to
Rs. 5000.u/s 234F
|
Audit of Accounts
|
Section 34(4) of
the Limited Liability Partnership Act, 2008
|
Audit required when-
Turnover-Rs.40 Lakh
Capital Contribution-Rs.25 Lakh at any time during the F-Y.
|
As per statutory audit requirements
|
|