Have you filed LLP Form 8 regarding ‘Statement of Account and Solvency’ for the financial year 2017-18 yet? Every LLP registered in India needs to prepare a ‘Statement of Account and Solvency’ within a period of six months from the end of each financial year. Such Statement shall be filed with the Registrar within a period of 30 days from the end of six months of the financial year to which the statement relates, i.e, by 30th October. Well, hurry up and file it with ROC before you miss the window of last date!
For your easy understanding, please see below example:
If ABC Services LLP, incorporated on 01/04/2017 (FY 2017-18) is having capital Contribution of Rs. 1 Lakh, it will have to incur following filing fees on given dates:
- Filed on 30/10/2018: Rs.50
- Filed on 30/11/2018:Rs.50 + Rs.3,000 (Additional Fee for Delay of 30 Days)
- Filed on 31/03/2019: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.
FAQs on LLP Form 8
1.What is LLP Form 8?
LLP Form 8 is an Annual Filing Form, to be filed with ROC every year. It is Statement of Accounts and Solvency. This Form contains a declaration on the state of solvency of the LLP by the designated partners and also information related to statement of assets and liabilities and statement of income and expenditure of the LLP. This form has to be filed by the LLP on an annual basis.
2.What are the requirements for filing the Statement of Accounts and Solvency and what shall be the Form 8 Attachment?
1) Requirement:
Digital Signature of Both Designated Partners and knowledge of basic details of the LLP.
If the turnover of LLP exceeds Rs. 40 lakhs or Partner’s contribution exceeds Rs. 25 lakh, then certification by the auditor of the LLP/ FLLP will be Mandatory.
2) Attachment:
Copy of Balance Sheet and Profit & Loss Account of the LLP, Disclosure under MSME, 2006 and Statement of Contingent Liabilities not provided for, if any.
3.What is Form 8 Due date for filing?
For the Financial year ending 31st March 2018; LLP Form 8 due date is 30th October 2018.
4.Who are exempt from Filing Form 8 LLP?
LLPs incorporated on or after 1st October 2017 are exempted from filing Form 8 for the financial year ended 31st March 2018. However, they may voluntarily file Form 8.
5.Who should file LLP Form 8?
Every LLP existing or incorporated on or before 30th September 2017 shall have to file Form 8 before 30th October 2018.
6.What are the LLP Form 8 Fees?
Filing Fees for Form 8 depends on upon the Capital Contribution structure of the LLP. Get in touch with us to calculate your correct fees.
7.Can Form 8 of LLP be revised once it has been filed?
No. There is no such option to revise Form 8 once filed. Hence, utmost care must be taken while filing Form 8.
8.What shall be the Penalty for non-filing of Annual Return or LLP Form 8?
If LLP fails to file form 8 within the prescribed time, it is liable to pay fine of Rs. 25,000 which may be extended to Rs. 5,00,000. Delayed filing will also lead to severe additional fees.
9.Are there any other compliances to be done for LLP?
Every LLP is required to file an Annual Return within 60days from end of Financial year containing details in respect of the number of Partners, Designated Partners and amount of contribution received from Partners as on 31st March every year.
Further, if the turnover of LLP exceeds Rs. 40 lakhs or Partner’s contribution exceeds Rs. 25 lakh, the LLP is required to have its Accounts audited by a Practicing Chartered Accountant.