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.