LLP Form 8 — Statement of Account and Solvency
Due Date 30 October | Part A & B | Audit Thresholds | Penalties | MCA V3

Every Limited Liability Partnership (LLP) registered in India — whether actively trading, dormant, newly incorporated, or with nil turnover — is legally required to file LLP Form 8, the Statement of Account and Solvency, with the Ministry of Corporate Affairs (MCA) on or before 30 October every financial year. This is not a discretionary compliance. It applies to all LLPs, regardless of size, sector, annual turnover, or whether any business activity was conducted during the year. Missing Form 8 attracts a late fee of ₹100 per day with no upper cap — and prolonged non-filing can result in the ROC striking off the LLP from the register and deactivating the Designated Partners' DPINs.

LLP Form 8 is a two-part annual filing under Section 34 of the LLP Act 2008 and Rule 24 of the LLP Rules 2009. Part A is the Statement of Solvency — a formal declaration by at least two Designated Partners, signed with their Digital Signature Certificates (DSC), certifying that the LLP is solvent and capable of paying its debts as they fall due in the normal course of business. Part B is the Statement of Accounts — the LLP's Balance Sheet and Statement of Income and Expenditure for the financial year. If the LLP's turnover exceeds ₹40 lakh or total partner contribution exceeds ₹25 lakh, a statutory audit by a Chartered Accountant is mandatory, and the audited accounts along with the auditor's report must accompany Form 8. According to the Ministry of Corporate Affairs, Form 8 is filed on the MCA V3 portal under the LLP e-Filing section.

At N D Savla & Associates, we provide end-to-end LLP Form 8 filing services — from books of accounts closure and financial statement preparation, through audit coordination, solvency declaration drafting, MCA V3 portal filing, and SRN acknowledgement. Our LLP compliance team manages Form 8 alongside the companion Form 11 (Annual Return) and ITR-5 filing to provide a single, integrated annual LLP compliance solution. We track deadlines, send advance reminders, and ensure no LLP client misses the October 30 due date.

LLP Form 8 — Quick Reference Guide

The Statement of Account and Solvency is the annual financial disclosure that every LLP in India must make to the ROC. It serves two distinct purposes — financial transparency and solvency assurance — and is therefore structured in two parts:

Part A — Statement of Solvency: What Is It and Who Signs It?

The Statement of Solvency (Part A of Form 8) is a statutory declaration in which the Designated Partners confirm that the LLP is solvent — that is, the LLP is able to pay all its debts as they become due in the normal course of business. This is a personal certification by the Designated Partners — not an audit opinion. Its implications are significant:

• Signed by a minimum of two Designated Partners using their Digital Signature Certificates (DSC)
• The declaration must be in the prescribed format and must confirm that the LLP's liabilities do not exceed its assets
• If the LLP is NOT solvent — i.e., liabilities exceed assets or it cannot pay debts as due — this must be disclosed in Part A. Concealing insolvency or making a false solvency declaration is a criminal offence under the LLP Act
• For newly incorporated LLPs that have not yet commenced business, the Designated Partners declare solvency based on the initial capital contribution

Part B — Statement of Accounts: What Financial Statements Are Required?

The Statement of Accounts (Part B of Form 8) is the LLP's complete annual financial report. It includes:

• Balance Sheet as at 31 March — showing total assets (fixed + current), total liabilities (current + long-term), and partners' capital account balances
• Statement of Income and Expenditure (Profit & Loss Account) — detailing total income from operations, other income, total expenses, and net profit or loss for the financial year
• Statement of Changes in Financial Position — where applicable, showing cash flow movements or working capital changes
• For LLPs subject to statutory audit: the Auditor's Report from the practising Chartered Accountant must be attached as an annexure to Part B. The CA must include their UDIN on the report
• For LLPs below the audit threshold: unaudited financial statements prepared by the Designated Partners or their accountant are filed, without requiring a CA certificate

The answer is straightforward: every LLP registered in India must file Form 8. There is no exemption based on size, turnover, activity level, sector, or age of the LLP. The following categories all have a mandatory Form 8 filing obligation:

• LLPs actively conducting business — with sales, service income, expenses, and full financial activity
• LLPs with nil / zero activity — no transactions during the year; still required to file a NIL Statement of Accounts
• Newly incorporated LLPs — even in their first year of registration, a Form 8 must be filed covering the period from incorporation to 31 March
• LLPs below the audit threshold (turnover ≤ ₹40L and contribution ≤ ₹25L) — must still file Form 8 with unaudited accounts
• LLPs above the audit threshold (turnover > ₹40L or contribution > ₹25L) — must file Form 8 with audited accounts and CA report
• Foreign LLPs registered in India — also required to file Form 8, with a higher government fee of ₹1,000
• LLPs under litigation or dispute — pending disputes do not exempt an LLP from its annual Form 8 filing obligation

When Is LLP Form 8 Due? Annual LLP Compliance Calendar

LLP Form 8 must be filed within 30 days from the end of 6 months of the financial year. Since all LLPs in India have a mandatory financial year ending on 31 March, the 6-month point is 30 September, making the Form 8 due date 30 October every year. This is a fixed annual deadline — there are no extensions unless specifically notified by the MCA.

Key points about Form 8 timing:

• The October 30 deadline has remained consistent since the LLP Act was enacted — it has not been changed through successive Finance Acts
• In certain years, the MCA has issued one-time extensions (e.g., during COVID-19 in 2020–21) — these are announced via MCA circulars and are not permanent
• Filing Form 11 (Annual Return, due May 30) before Form 8 is recommended — since Form 11 feeds updated partner data that may affect the solvency declaration
• Late filings attract ₹100 per day from October 31 onwards, with no upper limit — making prolonged delay extremely costly for large LLPs with high contribution or turnover

Does an LLP Need an Audit for Form 8? Statutory Audit Thresholds Explained

Whether an LLP must get its accounts audited before filing Form 8 depends on its annual turnover and total partner contribution. The statutory audit requirement is triggered by either one of two thresholds:

What changes when an LLP must get a statutory audit:

• Auditor appointment: The LLP must appoint a practising Chartered Accountant as its statutory auditor. The appointment must be made within the time prescribed under the LLP Act
• Audit report required: The CA must issue an audit report in the prescribed format under LLP Rules, expressing an opinion on whether the financial statements give a true and fair view
• UDIN mandatory: The CA's signature on the audit report attached to Form 8 must include a valid Unique Document Identification Number (UDIN) generated on the ICAI portal
• ITR-5 due date shift: When a statutory audit is required, the income tax return (ITR-5) due date shifts from 31 July to 30 September to accommodate the audit process
• Form 8 preparation: For audited LLPs, Part B of Form 8 is based on the audited Balance Sheet and P&L. The auditor's report reference number is mentioned in the form

The penalty framework for Form 8 non-filing is significantly more stringent than for equivalent company compliance forms. The LLP Act imposes both a daily late fee and a separate judicial penalty that applies per LLP and per partner:

Real-world impact of late Form 8 filing:

• An LLP that misses the October 30 deadline by 60 days accumulates ₹6,000 in additional fees — which is then due on top of the government filing fee and the base penalty
• For a 2-year lapse, the daily late fee alone reaches ₹73,000 (730 days × ₹100) — before any judicial penalty is imposed
• Directors/Designated Partners can face DPIN deactivation if Form 8 and Form 11 are not filed for 2+ consecutive years — blocking them from directorship in any company or LLP
• The ROC can initiate proceedings to strike off the LLP from the register if annual filings remain pending for extended periods
• The CCFS 2026 scheme — if still active — may offer relief on accumulated additional fees for LLP compliance; check current MCA notifications for the scheme's scope and applicability to LLP filings

Both Form 8 and Form 11 are mandatory annual filings for every LLP — they are the two pillars of LLP annual compliance. They cover different information and have different due dates. Both must be filed every year, and one cannot substitute for the other:

Sequencing advice — which to file first?

• File Form 11 first (by May 30) — as it captures partner details and changes that may affect the solvency declaration in Form 8. Having Form 11 filed before Form 8 ensures consistency between the two filings on the MCA portal
• Then prepare accounts and audit (if applicable) between May and September
• File Form 8 last (by October 30) — after accounts are finalised and audit (if applicable) is complete
• Filing Form 8 without having filed Form 11 is technically possible but not recommended — the MCA can raise queries if partner data in Form 8 does not match Form 11

• 2008 — LLP Act Enacted: The Limited Liability Partnership Act 2008 introduced the LLP as a hybrid business structure combining corporate and partnership benefits. Section 34 mandated the Statement of Account and Solvency as an annual filing requirement from inception, recognising that LLPs — unlike partnerships — are separate legal entities requiring financial disclosure
• 2009 — LLP Rules Notified: The Limited Liability Partnership Rules 2009, including Rule 24, prescribed the format and procedure for Form 8. The original filing requirement closely mirrored the Companies Act framework adapted for the simpler LLP compliance structure
• 2012-2015 — LLP Registry Growth: India saw rapid LLP formation driven by startups, professional firms, and SMEs seeking limited liability without the full compliance burden of a private limited company. Form 8 compliance rates, however, were low due to limited awareness
• 2018 — Digital Signatures Mandatory: DSC requirements for designated partners were tightened, making the solvency declaration in Form 8 Part A more legally robust — the electronic signature of the designated partner carries the same legal weight as a physical signature
• 2021 — LLP Amendment Act: The LLP (Amendment) Act 2021 introduced the concept of "Small LLP" — LLPs below defined contribution and turnover thresholds with slightly reduced compliance requirements. Penalty provisions were also revised, with fines for non-compliance significantly increased to deter habitual defaulters
• 2022-2023 — MCA V3 Migration: The MCA migrated the LLP e-Filing portal to the new MCA V3 platform. Form 8 is now filed exclusively on the MCA V3 portal. The migration introduced a new login and DSC infrastructure that required Designated Partners to update their credentials
• Present: LLP Form 8 is firmly established as the most important annual compliance deadline for LLPs — with the October 30 due date built into every LLP's annual compliance calendar. The MCA uses Form 8 filings as the primary trigger for assessing LLP active status on the public register

The Form 8 filing on MCA V3 requires all financial information and declarations to be collated before the form is completed and submitted. Here is the complete checklist:

Documents and information required for Form 8 filing:

• LLPIN (LLP Identification Number) — the unique 7-character alphanumeric identification of the LLP, as registered with the MCA
• Financial Year Details — start date (1 April) and end date (31 March) of the financial year being reported
• Balance Sheet as at 31 March — prepared on the double-entry system; must show total assets (fixed, current, loans & advances), total liabilities (secured, unsecured, current), and partners' capital account
• Statement of Income and Expenditure — total income from operations, interest income, miscellaneous income, and all operating expenses, resulting in net profit or loss
• DSC of Minimum Two Designated Partners — valid Digital Signature Certificates (Class 2 or Class 3) registered on the MCA V3 portal. Both DSCs must be current and not expired
• Solvency Declaration — confirmation by the designated partners that the LLP is solvent, in the prescribed Part A format
• Auditor's Report (if audit applicable) — signed and dated report from the practising CA with UDIN, expressing opinion on the true and fair view of the financial statements
• Certificate of Charges — if any charges have been created, modified, or satisfied during the financial year, the relevant charge registration number must be mentioned
• Previous year's Form 8 SRN — for cross-verification purposes, have the previous year's acknowledgement number ready

LLP With No Business Activity in the Year — Is NIL Form 8 Required?

Yes — absolutely. Even an LLP that has been completely inactive during the financial year — no sales, no purchases, no expenses (other than possibly registration fees or professional costs) — must still file Form 8. The filing is called a "NIL" or "zero activity" Form 8. Part B will show a nil income and expenditure statement, and the Balance Sheet will reflect only the initial capital contribution (or whatever residual balance exists). Part A (solvency declaration) must still be signed by the Designated Partners.

• NIL Form 8 does not require a statutory audit — the audit threshold (turnover > ₹40L or contribution > ₹25L) is based on actual figures, not theoretical capacity
• Government fee for NIL Form 8 is the same as for active LLPs — based on total partner contribution
• If the LLP has been inactive for multiple years and wishes to close down, the LLP winding up process must still be preceded by filing all pending Form 8 and Form 11 returns up to date

LLP in Its First Year of Registration — What Must It File?

A newly incorporated LLP must file Form 8 for the period from its date of incorporation to 31 March. This first Form 8 covers what may be a very short period if the LLP was incorporated late in the financial year.

• Exception: LLPs incorporated after 30 September of the financial year are exempt from filing Form 8 for that particular year. This is the only category exempt from the mandatory annual filing
• For the first Form 8, the LLP must prepare its opening Balance Sheet (based on initial capital contribution) and the income/expenditure from incorporation date to 31 March
• Audit threshold applies even in the first year — if the LLP starts business immediately and crosses ₹40 lakh turnover in its first partial year, audit is required for that year's Form 8
• The Form 11 (Annual Return) for a new LLP is also due on 30 May — covering the period from incorporation to 31 March; see our LLP Form 11 filing service for coordinated first-year compliance

LLP With Overdue Past Form 8 Filings — How to Regularise?

A significant number of LLPs in India have missed Form 8 filings for 1 or more financial years. The consequences — accumulating late fees, potential DPIN deactivation, ROC strike-off risk — worsen each year. Here is how to approach regularisation:

• All overdue Form 8 returns must be filed chronologically — starting from the earliest pending year. The MCA portal requires sequential filing; the most recent year cannot be filed without the previous years being on record
• For each pending year, prepare the financial statements (audited if thresholds were crossed), complete the solvency declaration, and pay the accumulated late fee (₹100 per day × number of days from due date)
• Check whether the CCFS 2026 scheme covers LLP filings — if applicable, the scheme may offer reduced additional fees for regularising past defaults
• After regularising all pending Form 8 filings, ensure Form 11 is also filed up to date — as the MCA tracks both forms as part of annual compliance verification
• N D Savla & Associates specialises in back-year Form 8 regularisation — reconstructing old accounts, computing penalties accurately, and managing sequential MCA V3 filings to restore the LLP's compliant status

The LLP's income tax return in ITR-5 is filed separately from Form 8 — but the two filings are interdependent in practice. The financial statements prepared for Form 8 form the basis of the ITR-5 computation. Discrepancies between the Form 8 Balance Sheet/P&L and the ITR-5 financial data can attract income tax department notices. Key coordination points:

• ITR-5 is due 31 July (non-audit LLPs) or 30 September (audit-required LLPs) — both earlier than the Form 8 October 30 deadline
• For non-audit LLPs filing ITR-5 by 31 July, the financials must be provisionally closed before the Form 8 is finalised — ensure consistency in all numbers across both filings
• Our Business Tax Filing service covers LLP ITR-5 preparation and filing coordinated with the Form 8 submission for a gap-free, consistent annual compliance package