Inquiry about Form 3CEB filing

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Marianinha Dsa

26 Points Posted on 01 October 2024

Hello ,

I just wanted to know if my LLP is eligible for this Form 3CEB filing.

I made a business of 1,09000 last year . Also i received this payment from one of my clients from abroad. I want to know if this comes under international transaction . I only received payment not sent him any payment.

Based on this article i had a doubt ,

https://ebizfiling.com/service/llp-annual-filing/?gad_source=1&gclid=CjwKCAjw9eO3BhBNEiwAoc0-jUeXJbWK0jexRyqbUMzMByCYiGvT451pzbBEIGX0obKaQvgsTX4-CRoC7-sQAvD_BwE

https://cleartax.in/s/llp-annual-filings

See this section of article,

For LLPs which have entered into any international transactions with associated enterprises or have undertaken specified Domestic Transactions, need to file Form 3CEB. This form should be certified by a practicing Chartered Accountant. Limited Liability Partnerships which are required to file this Form can do their tax filing by 30th November.

Let me know if this is applicable for me.

I just received payment from a client for software services so it does not come under associated enterprises and i do not have to fill this Form 3CEB i think . Can someone clarify.

Thanks

Replies (2)

Quick Summary

This discussion concerns whether an LLP needs to file Form 3CEB, particularly when receiving payments from foreign clients for services. The user's LLP had a turnover exceeding ₹1 crore and received payment from an overseas client for software services. While one interpretation suggests Form 3CEB is mandatory for international transactions above a certain threshold, another view, shared by a CA, indicates it's primarily for transactions with 'associated enterprises' rather than standard client payments. The user has reported the income in their regular tax return.

Rama chary Rachakonda

Master in Accounts & high court Advocate

7021 Points Posted on 01 October 2024

Form 3CEB is related to reporting international transactions under Section 286(4) of the Income Tax Act. To determine if your LLP needs to file Form 3CEB, consider the following: 1. Threshold: Your LLP's turnover is above ₹1 crore (₹10,900,000), which exceeds the threshold for filing Form 3CEB. 2. International transaction: Receiving payment from a foreign client constitutes an international transaction, as it involves a cross-border flow of funds. 3. Nature of transaction: Since you only received payment and did not make any payment to the foreign client, this would be considered a "receipt" and not a "payment" for the purpose of Form 3CEB. Based on these points, it appears that your LLP may be required to file Form 3CEB to report the international transaction. However,.

Marianinha Dsa

26 Points Posted on 02 October 2024

Thank you Sir Ramachary Rachkonda for your detailed reply , one of the CA's told me it is only for associated enterprises meaning if you do international transactions only with your own related company abroad or a relative's company (both should have some sought of mutual agreement to do fund transfer between them) then only you need to file Form 3CEB . In my case it was just a client paying for software services he is not related to me. Regarding the reporting of the international transaction he told me i need to report it in the income tax return which i did.