An LLP's income tax return looks deceptively similar to a company's or an individual's on the surface — figures, deductions, a due date. In practice it runs on its own rules: a flat tax rate with no slabs to think about, specific caps on what you can pay partners and still deduct, and a due date that depends entirely on whether your accounts need an audit. This page covers what an LLP actually has to file, at what rate, and by when — for FY 2025-26 (AY 2026-27).
Every LLP registered in India files its return in ITR-5 — the same form used by partnership firms, AOPs, and BOIs. This applies whether the LLP made a profit, a loss, or did nothing at all during the year. A dormant LLP with zero transactions still has to file; skipping it doesn't save any effort, it just accumulates a compliance gap that shows up later.
ITR-5 asks for more than a simple income figure — it wants the balance sheet, profit and loss account, partner details, and a schedule covering remuneration and interest paid to partners. Filing it accurately means your books need to be in reasonably good shape before you even start.
Unlike individuals, an LLP doesn't get a basic exemption limit or a choice between tax regimes. The entire taxable income is taxed at a flat 30%, plus:
There's no old-vs-new regime decision to make here — this rate structure applies uniformly regardless of how much the LLP earns.
If an LLP claims certain deductions — for instance under Chapter VI-A (other than 80P) or Section 10AA for SEZ units — it may fall under Alternate Minimum Tax provisions under Section 115JC. AMT is computed at 18.5% (plus applicable surcharge and cess) on adjusted total income, and the LLP pays whichever is higher — the regular tax computed at 30%, or the AMT figure. If AMT ends up higher than the regular tax in a given year, the difference can generally be carried forward as AMT credit and set off against regular tax in future years, subject to conditions.
Most LLPs without significant SEZ or special-deduction claims won't encounter this, but it's worth checking rather than assuming it doesn't apply.
This is where a lot of LLPs miscalculate their tax liability. Payments to partners — salary, bonus, commission, or interest on capital — aren't automatically deductible in full. Section 40(b) caps what the LLP can claim:
Anything paid beyond these limits is added back to taxable income — it doesn't reduce the LLP's tax bill just because it was actually paid out.
Worth flagging directly, because it's a common point of confusion: Section 44AD, the presumptive taxation scheme that lets smaller businesses declare a flat percentage of turnover as profit without maintaining detailed books, is available to individuals, HUFs, and partnership firms — but not to LLPs. An LLP has to compute its actual income from its books every year, regardless of turnover size.
An LLP needs a tax audit under Section 44AB if:
Where audit applies, the tax audit report (Form 3CD, along with Form 3CA or 3CB) has to be filed before the ITR itself, and the figures in both need to match — mismatches between the audit report and the return are a common trigger for automated scrutiny.
Missing these dates converts the filing into a belated return, and beyond the late fee under Section 234F (up to ₹5,000) and interest under Section 234A, a late-filed return permanently loses the ability to carry forward business and capital losses to future years — unabsorbed depreciation is the one exception that survives. That's a meaningfully bigger cost than the fee itself for an LLP that's had a loss-making year and was counting on offsetting future profits against it.
Filing ITR-5 with the Income Tax Department doesn't cover an LLP's obligations under the LLP Act, 2008 — those run on a completely separate track with the Registrar of Companies:
An LLP that files its income tax return correctly but misses Form 11 or Form 8 is still non-compliant — both tracks have to be handled, and they don't automatically inform each other.
The most frequent error is claiming partner remuneration or interest beyond the Section 40(b) limits and only discovering the disallowance at assessment, not at filing. A close second is assuming presumptive taxation applies simply because the LLP is small — it doesn't, ever, for an LLP. And a fair number of LLPs treat the ROC filings (Form 11, Form 8) and the income tax return as the same task, missing one while completing the other, which still counts as a default under the LLP Act even if the tax return went in on time.
We handle ITR-5 filing for LLPs end to end — reconciling the books against what's reportable, checking partner remuneration and interest against the Section 40(b) ceiling before it becomes a disallowance, and confirming whether tax audit or AMT applies to your specific numbers. Where relevant, we also handle the parallel LLP Act filings — Form 11 and Form 8 — so you're not tracking two separate compliance calendars on your own.
Yes. Every LLP must file ITR-5 annually regardless of income, including dormant LLPs with no transactions during the year.
A flat 30% on total income, plus a 12% surcharge if income exceeds ₹1 crore, and a 4% cess on top of that. There's no basic exemption and no slab structure.
No. Section 44AD, the presumptive taxation scheme, is available to individuals, HUFs, and partnership firms, but specifically excludes LLPs. An LLP must always compute income from its actual books.
Only up to 12% per annum. Any interest paid above that rate is disallowed as a deduction, regardless of what the LLP Agreement specifies.
Beyond the late fee and interest, a belated return permanently forfeits the right to carry forward business and capital losses to future years — only unabsorbed depreciation can still be carried forward.
No. ITR-5 covers income tax compliance only. Form 11 (Annual Return) and Form 8 (Statement of Account & Solvency) are separate filings required under the LLP Act, 2008, with their own due dates.
Talk to Legal Dev and we'll handle both tracks together.