LLP ITR Due Dates AY 2026-27: August 31, October 31, November 30

Form 8 due date for FY 2025-26 is 30 October 2026. Form 8 (Statement of Account and Solvency) is filed with the MCA, not the Income Tax Department, within 30 days after the first six months of the next financial year (Rule 24, LLP Rules 2009); see our LLP annual compliance guide for fees and late penalties. The LLP's ITR 5 for the same year (AY 2026-27) is a separate filing, due 31 August 2026 without a tax audit and 21 November 2026 with one.

A Limited Liability Partnership (LLP) is one of the most popular business structures in India due to its flexibility and limited liability benefits. However, with this structure comes a mandatory annual compliance obligation: filing the Income Tax Return (ITR).

Unlike individuals who may only need to file if their income exceeds a threshold, LLPs are required to file an income tax return every year, regardless of whether they have income or loss. This guide covers the LLP ITR filing due date for AY 2026-27, applicable ITR forms, audit requirements, penalties for late filing, and a step-by-step guide to ensure timely compliance.

What is ITR 5 and Who Must File?

What is ITR 5?

ITR 5 is the Income Tax Return form meant for entities other than individuals, HUFs, and companies. It is specifically designed for:

• Partnership firms and Limited Liability Partnerships (LLPs)
• Associations of Persons (AOPs) and Bodies of Individuals (BOIs)
• Artificial juridical persons, local authorities and co-operative societies
• Business trusts and investment funds
• Estates of deceased or insolvent persons

Entities that cannot use ITR 5: Individuals, HUFs (use ITR 1 to ITR 4), Companies (use ITR 6), and Charitable Trusts (use ITR 7).

Who Must File ITR 5?

All LLPs, regardless of income level, must file ITR 5. Filing is compulsory even in cases of loss. The LLP Act requires every LLP to maintain proper books of accounts and file its income tax return within the prescribed due date.

LLP ITR Filing Due Dates for AY 2026-27

For Assessment Year 2026-27 (Financial Year 2025-26), the LLP ITR filing due date depends on whether the LLP is required to get its accounts audited:

Verify current due dates on incometaxindia.gov.in as CBDT may issue extensions.

When is Tax Audit Mandatory for an LLP?

An LLP is required to get its accounts audited under the Income-tax Act if any one of the following conditions is met:

1. Business turnover exceeds Rs. 1 crore (Rs. 10 crore if cash receipts and cash payments are each within 5%).
2. Professional gross receipts exceed Rs. 50 lakh (Rs. 75 lakh if cash receipts are within 5%).
3. LLPs cannot use Sections 44AD or 44ADA (those are only for individuals, HUFs and firms other than LLPs), so there is no presumptive route around these thresholds. Section 44AE (goods carriages) is open to any assessee, including an LLP, but is reported in ITR 5, not ITR 4.

Separately, the LLP Act requires a statutory audit where turnover exceeds Rs. 40 lakh or contribution exceeds Rs. 25 lakh; an LLP audited under that law also has the November 21, 2026 due date.

Tax Audit Report Due Date

For LLPs requiring audit, the tax audit report must be filed one month before the ITR due date:

• Regular audit cases: October 21, 2026 (extended by CBDT Circular 07/2026 from September 30)
• Transfer pricing cases: October 31, 2026 (along with Form 3CEB)

Forms Applicable for LLP Tax Audit

• Form 3CA + 3CD: where the LLP's accounts are already audited under the LLP Act
• Form 3CB + 3CD: where no audit is required under any other law
• Form 3CEB: transfer pricing report, where Section 92E applies

Step-by-Step Guide to File LLP ITR Online

1. Finalise the accounts and, where applicable, get the tax audit report uploaded by the auditor and accepted on the portal.
2. Pay any balance tax as self-assessment tax (Challan 280).
3. Log in with the LLP's PAN, choose e-File > Income Tax Returns > File Income Tax Return, AY 2026-27, and ITR 5.
4. Fill the balance sheet, P&L, Schedule BP and partner details.
5. Submit and verify with the designated partner's DSC (mandatory for audit cases) or EVC.

Penalties for Late Filing of LLP ITR

Late Filing Fee under Section 234F

Verify current fee structure on incometaxindia.gov.in.

Other Consequences of Late Filing

1. Loss of carry-forward of losses. Missing the due date means losing the ability to carry forward business, speculation and capital losses of that year. Unabsorbed depreciation and house property loss are not affected.

2. Interest on unpaid tax. If there is any outstanding tax liability, interest under Section 234A (1% per month) applies from the day after the due date to the actual filing date.

3. Prosecution risk. The old Section 271F penalty was replaced by the Section 234F fee from AY 2018-19, but wilful failure to file can still lead to prosecution under Section 276CC.

Penalty for Non-Compliance with Tax Audit

Failure to get tax audit done or delay in filing the audit report can attract a penalty of 0.5% of turnover or Rs. 1,50,000, whichever is lower.

Documents Required for Filing ITR 5

Before starting the return filing process, keep the following documents ready:

• PAN of the LLP
• Aadhaar details of partners or designated partners
• Financial statements (Balance Sheet and Profit and Loss Account)
• Bank account details
• Form 26AS (tax credit statement)
• Annual Information Statement (AIS)
• Taxpayer Information Summary (TIS)
• Details of advance tax and self-assessment tax paid
• TDS and TCS certificates
• Details of deductions and exemptions claimed

Common Mistakes to Avoid While Filing ITR 5

1. Choosing the wrong ITR form. Partners file individual returns using ITR 3, while the LLP files ITR 5. Filing ITR 5 for a partner personally is a common error.

2. Mismatch with Form 26AS or AIS. Ensure your reported income and TDS credits match with Form 26AS and AIS. Discrepancies can trigger notices.

3. Incorrect reporting of partner remuneration or interest. Partner remuneration and interest are deductible under Section 40(b) with specific limits. Incorrect computation can lead to disallowance.

4. Not filing audit report on time. For audit cases, the tax audit report (Form 3CA/3CB and 3CD) had to be filed by October 21, 2026, one month before the ITR due date.

5. Not verifying the return. A return that is never verified is treated as not filed, and verifying after 30 days makes the verification date the filing date. The LLP's designated partner must verify using DSC or EVC.

6. Ignoring the August 31 due date. Non-audit LLPs filing after August 31 but before November 21 will still be considered late and attract fees.

LLP ITR Filing vs MCA Compliance: Know the Difference

Many LLP owners confuse Income Tax compliance with MCA (Ministry of Corporate Affairs) compliance. They are separate:

Key point: Missing one does not excuse the other. LLPs must track both sets of deadlines.

Key Points to Remember

1. LLPs must file ITR 5 every year, regardless of income or loss.

2. Determine your due date correctly: August 31 (non-audit), November 21 (audit), or November 30 (Transfer Pricing).

3. Tax audit applies if turnover exceeds Rs. 1 crore. LLPs cannot opt for presumptive taxation.

4. Audit report had to be filed by October 21, 2026, one month before the ITR due date for audit cases.

5. File before the due date to avoid late fees: Rs. 5,000 for income above Rs. 5 lakh, Rs. 1,000 for income up to Rs. 5 lakh (verify current rates).

6. Verify the return within 30 days using DSC of the designated partner.

7. Track MCA compliance separately: Form 11 (May 30) and Form 8 (October 30) are separate obligations.

Where Tax Garden Helps

Filing ITR 5 for an LLP requires careful attention to detail, proper audit compliance (if applicable), and timely submission. A single mistake can lead to penalties, notices, or loss of loss carry-forward benefits.

Tax Garden's tax experts help you:

• Determine the correct due date based on your LLP's audit status
• Prepare and file ITR 5 accurately with all required schedules
• Ensure tax audit reports (Form 3CA/3CB and 3CD) are filed on time
• Reconcile income with Form 26AS and AIS
• Track both Income Tax and MCA compliance deadlines
• Respond to any notices or intimations from the department

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Sources: Income Tax Act, 1961, Section 139(1); Income Tax Department e-Filing portal (incometaxindia.gov.in); CBDT notifications on due dates for AY 2026-27. Verify current due dates, fee structures, and procedures on incometaxindia.gov.in before acting, as rules may be updated periodically. This article is general information on LLP ITR filing due date and not a substitute for advice on your specific situation.

Frequently Asked Questions

Does a dormant LLP with no income still need to file ITR 5?

Yes. An LLP must file ITR 5 every year it exists, even with nil income, no transactions or a loss, because there is no basic exemption limit for an LLP. It must also file Form 11 and Form 8 with the MCA separately. Filing on time also protects the right to carry forward any losses.

Can an LLP use presumptive taxation to avoid a tax audit?

No. Sections 44AD and 44ADA are not available to LLPs, so an LLP cannot declare presumptive income or file ITR 4. It computes actual profit and files ITR 5. A tax audit is needed if turnover exceeds Rs 1 crore, or Rs 10 crore where cash receipts and payments are each within 5%, or if professional receipts exceed Rs 50 lakh.

What tax rate applies to an LLP's profit?

An LLP pays income tax at a flat 30% on total income, plus 12% surcharge if income exceeds Rs 1 crore and 4% health and education cess. The partners' share of profit is then exempt in their hands under Section 10(2A), while their remuneration and interest from the LLP are taxable as business income in their own ITR 3.

How does an LLP verify its ITR 5?

An LLP whose accounts are audited under Section 44AB must verify ITR 5 with the Digital Signature Certificate of a designated partner. Non-audit LLPs can also use an electronic verification code. Verification should be completed within 30 days of uploading, or the return may be treated as filed late or invalid.

Are the ITR 5 and the LLP's MCA annual filings the same thing?

No. ITR 5 is filed with the Income Tax Department to report income and pay tax. Form 11, the annual return, is due to the MCA by 30 May, and Form 8, the statement of account and solvency, by 30 October. Each has its own late fees, and missing one is not excused by filing the other.