Limited Liability Partnership (LLP) registered in India under the LLP Act, 2008 must mandatorily file LLP Form 11 Annual Return each year irrespective of turnover or profit, or business activity. Hence, even an LLP that has no activity must file LLP form 11.
LLP Form 11 is the Annual Return of Limited Liability Partnership (LLP). The return must be e-filed each year with the Ministry of Corporate Affairs to maintain compliance and avoid penalties. LLP annual returns must be filed electronically and taken on record. It is important to ensure that all the information filled in the form is correct as there is no provision for resubmission of LLP Form 11 Annual Return.
When is the due date for LLP Form 11?
LLP Form 11 is due within 60 days of financial year-end. Since all LLPs have 31st March as the closure of the financial year; LLP Annual Return Form 11 is due on the 31st of May of each year.
What are the information and documents to be submitted along with Form 11?
The following information and documents are required for filing LLP Annual Return:
- LLP Identification Number
- Name of the LLP
- Registered office address of the LLP
- Business Classification of the LLP (Business, Profession, Service, Occupation, Others)
- Principal business activities of the LLP
- Details of Designated Partners and Partners of the LLP
- Total obligation of the contribution of partners of the LLP
- Total contribution received by all partners of the LLP
- Summary of Designated Partners and Partners
- Particulars of penalties imposed on the LLP, if any
- Particulars of compounding offenses, if any
- Details of LLP and or company in which Partner/Designated Partner is a Director/Partner (It is mandatory to attach this detail in case any Partner/Designated Partner is a partner in any LLP and/or Director in any company)
It is important to note that once the LLP Annual Return is filed, it cannot be resubmitted. Further, the total contribution received by all partners of the LLP mentioned in LLP Form 11 Annual Return must match LLP Form 8 Statement of Accounts & Solvency to be filed on or before 30th October. Therefore, it is important to get professional help while preparing and filing LLP Annual Return.
Who will Sign LLP Form-11?
The LLP Form 11 must be digital signed with the digital signature of one of the Designated Partners of the LLP. In case the total obligation of the contribution of partners of the LLP exceeds Rs. 50 lakhs or turnover of LLP exceeds Rs. 5 crores, then LLP Form 11 needs to be certified by a Company Secretary in whole-time practice.
In case the total obligation of the contribution of partners of the LLP does not exceed Rs. 50 lakhs and turnover of LLP does not exceed Rs. 5 crores, then LLP Form 11 must be certified by the designated partner of the LLP.
Late Filing Penalty if LLP Form-11 is not filed
A penalty of Rs.100 per day is applicable if Annual Return is not filed within the due date i.e 31st May.
For your easy understanding, please see the below example:
If any LLP, incorporated on 01/04/2020 (FY 2020-21) is having a capital Contribution of Rs. 1 Lakh, it will have to incur the following filing fees on given dates:
Filed on 30/05/2021: Rs.50
Filed on 30/06/2021: Rs.50 + Rs.3,000 (Additional Fee for Delay of 30 Days)
Filed on 30/10/2021: Rs.50 + Rs.15,200 (Additional Fee for Delay of 152 Days)
Accordingly, the penalties will keep on increasing till the date of actual filing of return.
When Filing of LLP Form-11 is not allowed?
Filing of LLP Form 11 will not be allowed in case there is any e-Form 4 (Notice of appointment, cessation, and change in designation of a designated partner or partner) pending payment of a fee or any e Form 4 is under processing with the MCA.
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