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Annual Compliances

Annual Compliances for Various Business Entities in India

A) Annual Compliance for Indian Private Limited Company

Definition: A Private Limited Company is a separate legal entity registered under the Companies Act, 2013. It is required to comply with various regulatory requirements to ensure smooth operations.

Annual ROC Compliance Requirements:

  • Annual Return (Form MGT-7):Filed within 60 days of the AGM.
  • Financial Statements (Form AOC-4):Filed within 30 days of the AGM.
  • Annual General Meeting (AGM):Conducted annually within 6 months of the financial year-end.
  • Director KYC (Form DIR-3 KYC):Mandatory filing for all directors annually.
  • Auditor Appointment (Form ADT-1):Filed within 15 days of the AGM for auditor appointment/reappointment.
  • Statutory Audit:Conducted by a Chartered Accountant annually.

Income Tax Compliance:

  • Income Tax Return (ITR Filing):By October 31st (if audited).
  • Tax Audit Report (Form 3CD/3CB-3CD):Required if turnover exceeds prescribed limits.
  • GST Returns:Monthly/quarterly filings and Annual GST Return (GSTR-9) filing by December 31st.
  • TDS Filings:Quarterly TDS returns (Form 24Q/26Q).

Additional Compliances (if applicable):

  • Secretarial Compliance Report (Listed/Big Companies):Form MGT-8.
  • Form DPT-3 (Deposit Return):Required if the company has outstanding loans or deposits.
  • Form MSME-1:Half-yearly filing for outstanding payments to MSMEs.
  • Form BEN-2 (Significant Beneficial Ownership):If applicable.

B) Annual Compliance for Subsidiary Companies

Definition: A private limited company owned by foreign nationals or entities operates under the same laws as domestic private limited companies, with additional FEMA reporting obligations.

Annual ROC Compliance Requirements:

– Annual Return (Form MGT-7): 
Filed within 60 days of the AGM.

– Financial Statements (Form AOC-4): 
Filed within 30 days of the AGM.

– Director KYC (Form DIR-3 KYC):
Filed annually for all directors.

– FEMA Reporting: 
Form FC-GPR and Annual FLA Return.

 

Income Tax Compliance:

– Annual filing of ITR by October 31st (for audited cases).
– GST and TDS filings if applicable.

C) Annual Compliance for Private Limited Company Owned by Foreigners

Definition: A private limited company owned by foreign nationals or entities operates under the same laws as domestic private limited companies, with additional FEMA reporting obligations.

Annual ROC Compliance Requirements:

– Annual Return (Form MGT-7): Filed within 60 days of the AGM.
– Financial Statements (Form AOC-4): Filed within 30 days of the AGM.
– Director KYC (Form DIR-3 KYC): Filed annually for all directors.
– FEMA Reporting: Form FC-GPR and Annual FLA Return.

Income Tax Compliance:

– Annual filing of ITR by October 31st (for audited cases).
– GST and TDS filings if applicable.

D) Annual Compliance for Liaison Office

Definition: A Liaison Office is a representative office of a foreign company that operates as a communication channel and does not generate income in India. 

Annual ROC Compliance Requirements:

Annual Activity Certificate (AAC): Certified by a Chartered Accountant and submitted to the RBI by September 30th.
Financial Statements Filing: Filed with the ROC within 6 months of the financial year-end.
Income Tax Filing: Submit NIL returns unless taxable income is generated.
Audit of Accounts: Accounts must be audited annually by a Chartered Accountant.

E) Annual Compliance for Branch Office

Definition: A Branch Office is an extension of a foreign company, allowed to generate revenue from activities specified in its RBI approval.

Annual ROC Compliance Requirements:

Annual Activity Certificate (AAC): Certified by a Chartered Accountant and submitted to the RBI by September 30th.
Financial Statements Filing: Filed with the ROC within 6 months of the financial year-end.
Income Tax Filing: Tax return filing deadline: October 31st (if audited).
Audit of Accounts: Statutory audit of financials by a Chartered Accountant.
GST Compliance: File monthly and annual GST returns if applicable.
FEMA Reporting: All funds repatriated to the parent company must be reported to the RBI.

Comparison Table: Annual Compliances

Annual Compliance Requirements for Various Business Entities in India

Maintaining annual compliance with the Registrar of Companies (ROC) and other statutory bodies is a legal requirement for all registered business entities in India. Non-compliance can result in penalties, fines, and even disqualification of directors or closure of the business. This document provides a comprehensive breakdown of annual compliance requirements for Indian private limited companies, subsidiary companies, private limited companies owned by foreigners, liaison offices, and branch offices.

Feature

Indian Private Ltd Company

Subsidiary

Foreign-Owned Pvt Ltd

Liaison Office

Branch Office

Annual Return Filing

MGT-7

MGT-7

MGT-7

Not Applicable

Not Applicable

Financial Statements Filing

AOC-4

AOC-4

AOC-4

FC-3 & FC-4 : Yes (with ROC)

FC-3 & FC-4 : Yes (with ROC)

Income Tax Filing

Yes

Yes

Yes

Nil Returns

Yes

FEMA Reporting

Not Applicable

FC-GPR, FLA

FC-GPR, FLA

Annual Activity Certificate

Annual Activity Certificate

Audit Requirement

Statutory Audit

Statutory Audit

Statutory Audit

Yes

Yes

GST Compliance

Yes (if applicable)

Yes

Yes

RCM (if applicable)

Yes

Annual Activity Certificate

Not Applicable

No

No

Yes (RBI)

Yes (RBI)