Is audit mandatory for every LLP?
No. Audit is mandatory under Rule 24 of the LLP Rules, 2009 only when an LLP's turnover exceeds the prescribed threshold or its contribution exceeds the specified limit in any financial year. Below these thresholds, audit is optional, but proper books of account and annual filings are still mandatory.
Who can be appointed as the auditor of an LLP?
Only a Chartered Accountant in practice or a firm of Chartered Accountants can be appointed as the auditor of an LLP. The auditor is appointed by the designated partners through a written communication and must remain independent of the LLP's management.
What is the difference between Form 8 and Form 11?
Form 11 is the Annual Return of an LLP that captures details of partners and contribution and is generally due within 60 days of the close of the financial year. Form 8 is the Statement of Account & Solvency that contains financial information and a solvency declaration, and is generally due within 30 days from the end of six months of the close of the financial year.
Is tax audit applicable in addition to LLP audit?
Yes. Even if an LLP is audited under the LLP Act, a separate tax audit under Section 44AB of the Income Tax Act may be required if its turnover or gross receipts exceed prescribed limits. In such cases, both LLP audit and tax audit are conducted, often by the same auditor.
What happens if an LLP fails to file Form 8 and Form 11 on time?
Late filing of Form 8 and Form 11 attracts daily additional fees per day of delay, with no upper cap, which can quickly escalate into substantial amounts. Continued non-compliance may also lead to the LLP being marked as defaulting and possible action against designated partners.
Are LLPs required to maintain books on accrual basis?
LLPs may maintain books either on cash basis or accrual basis as adopted in the LLP agreement. However, once an LLP becomes liable to audit or tax audit, the auditor will examine consistency in the basis adopted and ensure that statutory disclosures are appropriately made.
What records must an LLP maintain?
Every LLP must maintain proper books of account showing receipts and payments, sales and purchases, assets and liabilities, and statements of cost of goods purchased, inventories, work-in-progress, finished goods, and cost of goods sold, along with supporting vouchers, contracts, and partner-related records, for the period prescribed under the LLP Rules.