LLP Annual Filing Guide India — Form 8, Form 11, and Income Tax Return

LLPs are often pitched as low-compliance vehicles — and they are, compared to a Private Limited Company. But the late-fee structure under the LLP Act is brutal: Rs100 per day per form, with no upper cap. We have seen LLPs accumulate Rs50,000+ in late fees on a single missed Form 11. Here is the complete annual filing guide.

1. Form 11 — Annual Return

Due by 30 May every year (within 60 days of the close of the financial year). Form 11 captures the list of partners and designated partners, contribution received, summary of partner changes during the year and a declaration of compliance. Signed digitally by two designated partners. Filing is mandatory even if the LLP had no business activity during the year.

2. Form 8 — Statement of Account and Solvency

Due by 30 October (within 30 days from the end of 6 months of the financial year). Form 8 has two parts:

• Part A — solvency declaration by designated partners.
• Part B — statement of accounts (income, expenditure, assets, liabilities) and disclosures of contingent liabilities.

Form 8 must be certified by a practising CA/CS/CMA if the LLP crosses the audit threshold (see below) or if turnover exceeds Rs40 lakh / contribution exceeds Rs25 lakh.

3. Income tax return — ITR-5

• Non-audit cases: 31 July.
• Audit cases: 31 October.
• Transfer pricing report cases (international or specified domestic transactions): 30 November.

LLPs are taxed at a flat 30% plus surcharge and 4% cess. There is no Section 115BAA benefit — LLPs cannot opt into the 22% concessional regime that Pvt Ltd companies enjoy.

4. Audit threshold

An LLP must be audited by a practising CA if:

• Annual turnover exceeds Rs40 lakh, or
• Total contribution exceeds Rs25 lakh.

Separately, tax audit under Section 44AB applies if turnover exceeds Rs1 crore (or Rs10 crore if cash receipts/payments are below 5%).

5. Penalties and strike-off risk

• Rs100/day/form, no cap. A Form 11 missed by 200 days = Rs20,000 in late fees.
• Non-filing for two consecutive years can lead to strike-off under Section 75 of the LLP Act, freezing bank accounts and disqualifying designated partners.
• Income tax interest under Sections 234A/B/C on late ITR.

6. Best practice

• Close books monthly — do not wait until April to assemble figures.
• Block 15 May for Form 11 preparation and 15 October for Form 8.
• Keep at least two active designated partners with valid DINs and DSCs at all times.

Our LLP annual compliance service handles Form 8, Form 11, ITR-5 and audit coordination on a calendarised retainer.

Frequently Asked Questions