LLPs have been around for a decade.However, it has not been well received by targeted segments.There are still some widespread misconceptions about this structure.In today’s post, I will address a few of these misconceptions. Read more before you go for LLP registration in India.
Myth 1: When viewed from the perspective of a corporation, limited liability partnerships (LLPs) are considered to be corporations.
Fact: As a result, many people believe that a general partnership has a significantly higher tax burden than a limited partnership.When it comes to lending money, partnerships are frequently preferred over LLPs because of this. Clarification is required for the following.Another type of partnership recognized by tax authorities is the limited liability partnership.As far as tax collection, the two designs have similar arrangements.If you are unable to register an LLP as a result of this, we should not stop here.Keep in mind the following point as well.
Myth 2: It is incorrect to assert that LLP does not comply.
Fact: The 2008 LLP Act governs LLPs.At various events, these regulations must be followed.Even if LLPs do not have to file annual returns, they are not required to report any transactions during the year.An LLP is also required to submit income tax returns. As the owner of a business, it may be necessary to amend the LLP agreement or any of its clauses multiple times.An LLP’s Post Registration Compliance Checklist can be found here. RoC must also be informed of any changes to the LLP Agreement. There are a small number of people who adhere to this understanding, whereas there are a large number of people who believe in the following understanding.
Myth 3: Like a business, the compliance level is too high.
Fact: This is not true.Regularly, the forms must be filed.The organization’s level is much lower than that of a business.An LLP does not have to hold meetings or keep records like a company does.Unless they are provided, no meetings or resolutions are required. Additionally, the company pays a one-time, fixed fee for audit every year.LLPs are exempt from restrictions until one of the following conditions is met.
Myth 4: Turnover: 40 Lakh INR Capital Contribution
Fact: 25 LakhPartners receive limited returns. We’ll go over point 2 once more.Both parties benefit from our partnership.Dividends are not mentioned, and returns are not referred to as dividends.There are three sources of returns to partners. Compensation Capital interest Profit share Partners can take home all profits based on a predetermined ratio because profit distribution is unlimited.Each partner in an LLP determines their own payment schedule.It is essential to ascertain the Income Tax law’s allowance for partner compensation.Dividends are double-taxed in companies, in contrast to LLPs.As a result, it makes sense to divide up profits in this location.
Myth 5: LLP is ideal for investments.The financial requirements of a corporation typically determine its structure.I wanted to know your position on LLP funding because of this.
Fact: A private company is generally considered to be a better investment vehicle than an LLP despite the fact that both have limited liability and numerous similar features.The following factors can be used to explain why a company wins:
Equity is the basis for a company’s ownership and shareholding.
The capital of an LLP cannot be transferred as easily as the shares.
In addition, premium shares may be issued.However, an LLP has no chance in this regard.As a result, premiums are a major draw for investors.
Myth 6: The same ratio for profit sharing and capital is required by LLP agreements. The ratios for profit sharing and capital contribution must be the same.The accomplices are allowed to pursue the two choices.
Fact: The amount a partner takes home is determined by the profit sharing ratio.Capital is the money an investor puts into a business.Capital is another factor that determines a person’s ownership.Both aspects are independent of one another.
Myth 7: There is no distinction made between partners. It is essential to recognize that an LLP has two types of partners
Fact: a Designated Partner and a Partner.This distinction is provided by the LLP, whereas the partnership does not.In a limited liability partnership (LLP), individuals must be assigned responsibilities.As a result, a designated partner has been appointed.In addition to the specified responsibilities, the partners of the LLP ensure compliance with all annual and other compliance obligations.Find out what sets Designated Partners apart.
Myth 8: The public can access all data because of a company’s particular nature.However, LLPs do not reserve partner information.General partners have access to names of designate partners, DINs, and other data on the MCA portal. Additionally, a LLP agreement is a private document.The inclusion of a partner’s internal agreement also raises questions.
Fact: The public can view annual returns, financial statements, and other forms.These documents are crucial to the credibility of banks, financial institutions, and other parties.You should not see public documents as a weakness; rather, you should see them as a strength.
Myth 9:I’d like to conclude by saying that registering an LLP is a costly process.There is no evidence to suggest that limited liability companies (LLPs) are more expensive to establish than general partnerships.
Fact: Since the government’s fee remains relatively constant, professional services have a significant impact on registration costs.We consider government registration fees when selecting a professional.You will need to pay between 750 and 1000 Indian Rupees for online LLP registration.To be signed, the agreement must also be stamped.The amount of stamp duty due on a property is determined by its state and capital contribution.The amount due, which typically amounts to 500 rupees, is determined by these elements.
Bottom Line
It’s important to know how a business works from the start.It has an effect on taxation, operations, and many other things. Ensure that the appropriate business structure is chosen and that any misunderstandings are clarified. Throughout this article, I have addressed common misconceptions.
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