PART 6Tax returns, enquiries and assessments
CHAPTER 2Taxpayer duties to keep and preserve records
Duties to keep records
74Duty to keep and preserve records
1
A person who is required to make a tax return in relation to a devolved tax must—
a
keep any records that may be needed to enable the person to make a correct and complete return, and
b
preserve those records in accordance with this section.
2
The records mentioned in subsection (1) must be preserved until the end of the later of the relevant day and the date on which—
a
an enquiry into the return is completed, or
b
if there is no enquiry, a designated officer no longer has power to enquire into the return.
3
A person who is liable to be registered for tax (a “registrable person”) must—
a
keep any records that may be needed to enable the registrable person to comply with a requirement to notify Revenue Scotland of the person’s intention—
i
to carry out taxable activities, or
ii
to cease to carry out taxable activities,
b
make records relating to material at a landfill site or part of a landfill site, and
c
preserve those records in accordance with this section.
4
The records mentioned in subsection (3) must be preserved until the end of the relevant day.
5
“The relevant day” in relation to records mentioned in subsection (1) means—
a
the fifth anniversary of the day on which the return is made or, if the return is amended, the day notice of the amendment is given under section 83, or
b
any earlier day that may be specified by Revenue Scotland.
6
The “relevant day” in relation to records mentioned in subsection (3) means—
a
in the case of records mentioned in subsection (3)(a), the fifth anniversary of the day on which the notice was given,
b
in the case of records mentioned in subsection (3)(b), the fifth anniversary of the day on which the record was made, or
c
in either case, any earlier day that may be specified by Revenue Scotland.
7
Different days may be specified for different purposes under subsection (5)(b) or (6)(c).
8
The records required to be kept and preserved under subsection (1) include—
a
details of any relevant transaction (including relevant instruments relating to any transaction, in particular, any contract or conveyance, and any supporting maps, plans or similar documents),
b
details of any relevant taxable activity,
c
records of relevant payments, receipts and financial arrangements.
9
The Scottish Ministers may by regulations—
a
provide that the records required to be kept and preserved under this section do, or do not, include records specified in the regulations, and
b
specify supporting documents that are required to be kept under this section.
10
Regulations under this section may make provision by reference to things specified in a notice published by Revenue Scotland in accordance with the regulations (and not withdrawn by a subsequent notice).
11
“Supporting documents” includes accounts, books, deeds, contracts, vouchers and receipts.