ITR Filing for LLPs (Limited Liability Partnerships)
LLPs registered under LLP Act 2008 file ITR-5. Taxed like partnership firms at 30% flat, LLPs are also subject to Alternate Minimum Tax (AMT) at 18.5% on adjusted book profit under Section 115JC. Tax audit is mandatory if turnover exceeds ₹1 Cr (or ₹10 Cr with ≥95% digital).
- Correct form: ITR-5
- Regime: LLP flat 30% + surcharge; AMT applies at 18.5% on adjusted book profit.
- Reconcile AIS + 26AS before filing to avoid 143(1)(a) intimations.
- Aadhaar OTP e-verification the same day.
- Free notice defence within 12 months of filing.
Definition
44ADA
Definition
44AD
Definition
Section 44AB
Typical income mix for llp
- Business turnover
- Partner remuneration (Section 40(b))
- Interest on partner capital (12% cap)
- Capital gains on LLP assets
- Interest and other income
Deductions available
- Section 40(b) — remuneration limits
- AMT credit carry-forward
- Depreciation
- Actual business expenses
- Section 80JJAA — new employee salary
Documents required
- LLP agreement
- Audited P&L, balance sheet
- Form 3CB-3CD (tax audit report)
- Bank statements
- GST returns
- AMT working (115JC)
Common mistakes to avoid
- Missing AMT calculation under 115JC
- Filing ITR-6 (only for companies) instead of ITR-5
- Not filing Form 8 & Form 11 with MCA — separate compliance
- Skipping tax audit above ₹1 Cr
- Ignoring TDS on partner remuneration (194T from 2025)
Worked example
A Bengaluru consulting LLP with ₹2.4 Cr revenue files ITR-5, pays 18.5% AMT on adjusted profit and carries ₹6L AMT credit for 15 years.
LLP — filing snapshot
| Item | Detail |
|---|---|
| Recommended form | ITR-5 |
| Regime guidance | LLP flat 30% + surcharge; AMT applies at 18.5% on adjusted book profit. |
| Presumptive available | Depends on income mix |
| Audit trigger | Above threshold or below deemed profit |
| Taxpex turnaround | 24–72 hours |
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Related reading
- Which ITR Form Should You File in 2025? Complete Guide (ITR-1 to ITR-4)
- LLP vs Private Limited Company – Which One Should You Choose in 2025?
- ITR-1, ITR-2, ITR-3, ITR-4 — Which Form Do You Actually Need to File?
- LLP vs Private Limited Company — Complete Comparison (2025)
- LLP Registration Cost in India 2025 – Complete Fee Breakdown
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