A Limited Liability Partnership (LLP) is a business organisation structure resulting from the evolution of partnership organisation with elements of limited liability like a company.
It is important for any organisation to practise compliance with the law regardless of whether it is an LLP. It is important to file returns or maintain record in order not to incur penalties or having its operations affected. Although these are not as many as those which affect the private limited companies, adherence to these laws is compulsory and any noncompliance is punishable by steep fines.
Understanding LLPs
A Limited Liability Partnership (LLP) is a business organization structure resulting from the evolution of partnership organization with elements of limited liability like a company. They also have limited liability which means that if one business has some debts or is involved in a lawsuit, other partners cannot seize their stakes from personal belongings. In the case of LLPs, due to their separate legal entity, they have to fulfil compliance law in order to be
legally allowed to exercise their activities.
Essential Compliance Requirements for LLPs
● Books of Account: LLPs must maintain accurate financial records at their registered office using the double-entry system, either on a cash or accrual basis. If annual turnover exceeds ₹40 lakhs or capital contribution exceeds ₹25 lakhs, the accounts must be audited by a Chartered Accountant.
● Annual Return (Form 11): LLPs must file Form 11 annually, detailing the management and partners. This form must be submitted by May 30th, within 60 days of the financial year-end, to avoid penalties.
● Statement of Account and Solvency (Form 8): Form 8, which includes the LLP’s financial status and solvency declaration, must be filed by October 30th, within 30 days from the end of six months of the financial year. It should be electronically signed by two partners and certified by a Chartered Accountant.
● Income Tax Returns (ITR-5): LLPs must file annual income tax returns. If turnover is below ₹40 lakhs or capital contribution is under ₹25 lakhs, the deadline is July 31st. For LLPs requiring an audit, the deadline is September 30th.
● Partner KYC: Partners must complete their Know Your Customer (KYC) process by September 30th each year to ensure updated records with the Registrar of Companies.
Documents Needed for Annual Compliance
● Consolidated bank statements valid from the beginning of the financial year up to the end of the financial year for all accounts held with the bank.
● A statement for credit cards of the LLP where one of the partners has incurred expenses on behalf of the LLP.
● It includes the purchase invoices and the sales invoices which were made throughout the year.
● Accounts of the several expenses incurred for the year.
● Documents including GST, VAT, and other relevant returns of taxes.
● Any filing of TDS returns or challan deposits as the case may be.
Benefits of Maintaining Compliance
● Ease of Conversion and Settlements: Good records of compliance help when transforming LLP to another form or when there is a dispute to be solved.
● Legal Protection: The observation of the law affords legal shield to the partners, thus reducing the level of vulnerability to contract litigations.
● Penalty Avoidance: It reduces chances of incurring and paying huge penalties and fines, thus, maintaining the financial stability of the LLP.
● Business Continuity: Some of the advantages include business continuity since records are accurate and up to date in order to portray the exact financial health of the business thus enabling sound employment decision and transfers of ownership.
● Enhanced Reputation and Creditworthiness: Maintaining compliance enhances the LLP’s credibility and credit standing, including prospects of partners, investors, clientele.
Conclusion
It is crucial to ensure compliance as it will be relevant in the running of the LLP as well as its legal requirements. Though the regulatory provision associated with the LLP companies are less than that of Private Limited Companies, they are still crucial. Through all the necessary formalities and timely submissions of all necessary papers, LLPs may avoid penalties, safeguard its status, and achieve prolonged business sustainability. The important reason is
that compliance not only shields the LLP financially but also strengthens the company’s reputation and productivity.
