Non-Filing of Form 8 (Statement of Accounts & Solvency) and Form 11 (Annual Return) after the specified due dates attracts additional fee. Simply put, if  the LLP fails to file both Form 8 and Form 11 within the prescribed time limit, then an additional fees of Rs 100 is payable per day from the due date to the date of filing. Moreover, a LLP cannot file Form 8 unless and until form 11 is filed within the specified due date.

Due Dates of filing forms of LLPs for FY 2011-12:

Form 11 – 31^st July 2012- extended

Form 8 – 30^th October 2012

Let us consider the following illustrations in order to understand this:

Example 1: ABC Services (LLP) was incorporated on 25/06/2011 (FY 2011-12). Form 11 & Form 8 was filed on 30/10/2012. Discuss the penal provisions for non-filing of Form 11 & Form 8 within the specified time limit?

The normal due date of filing Form 11 for FY 2011-12 is 31^st May 2012 (extended to 31^st July, 2012) and for Form 8 is 30^th October, 2012.

Therefore, in the above case both the forms were filed on 30/10/2012 i.e. after the due date, so the penalty would be as follows:

Form 11

Normal Fee – Rs 50

Additional Fee -  Rs 100 * 91 days

Total – Rs 9150

Form 8

Normal Fee – Rs 50

Additional Fee – Nil

Total – Rs 50

Example 2: ABC Services LLP was incorporated on 25/06/2011 (FY 2011-12). Form 11 & Form 8 was filed on 20/06/2012. Discuss the penal provisions for non-filing of Form 11 & Form 8 within the specified time limit?

Since, both the forms were filed on 20/06/2012 i.e. before the due dates, therefore no additional fee will be charged.

Form 11

Normal Fee – Rs 50

Additional Fee – Nil

Total – Rs 50

Form 8

Normal Fee – Rs 50

Additional Fee – Nil

Total – Rs 50

Example 3: ABC Services LLP was incorporated on 25/06/2011 (FY 2011-12). Form 11 was filed on 27/10/2012 & Form 8 was filed on 03/11/2012. Discuss the penal provisions for non-filing of Form 11 & Form 8 within the specified time limit?

Since, both the forms were filed after the due date, so the penalty would be as follows:

Form 11

Normal Fee – Rs 50

Additional Fee – Rs 100 * 88 days

Total – Rs 8850

Form 8

Normal Fee – Rs 50

Additional Fee – Rs 100 * 4

Total – Rs 450

Example 4: ABC Services LLP was incorporated on 25/06/2010 (FY 2010-11). In FY 2011-12, Company did not operate and Form 11 & Form 8 was filed on 03/11/2012. Discuss the penal provisions for non-filing of Form 11 & Form 8 within the specified time limit?

The normal due date of filing Form 11 for FY 2010-11 is 31^st May 2011 and for Form 8 is 30^th October, 2011.

Therefore, in the above case as both the forms were filed on 03/11/2012 i.e. after the due date, so the penalty would be as follows:

Form 11

Normal Fee – Rs 50

Additional Fee – Rs 100 * 521 days

Total – Rs 52150

Form 8

Normal Fee – Rs 50

Additional Fee – Rs 100 * 368

Total – Rs 36850

Note: Any Company established after 30^th September, 2011 has the option to finalize its books of accounts till 31^st March, 2013 therefore avoiding any interest and fine.