- Latest available (Revised)
- Original (As enacted)
Finance Act 2009
You are here:
- UK Public General Acts
- 2009 c. 10
- SCHEDULE 50
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Finance Act 2009. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 102(4)(za) inserted by 2010 c. 33 Sch. 9 para. 3(3)
- Sch. 53 para. 2A-2D and cross-heading inserted by 2010 c. 33 Sch. 9 para. 7
- Sch. 53 para. 6A and cross-heading inserted by 2010 c. 33 Sch. 9 para. 8
- Sch. 53 para. 11A 11B and cross-heading inserted by 2010 c. 33 Sch. 9 para. 17
- Sch. 53 para. 14A and cross-heading inserted by 2010 c. 33 Sch. 9 para. 18
- Sch. 54 para. 9B 9C and cross-heading inserted by 2010 c. 33 Sch. 9 para. 11 (Sch. 54 para. 9B is amended before it comes into force by 2016 c. 24, Sch. 1 para. 66(5))
- Sch. 54 para. 12A 12B and cross-heading inserted by 2010 c. 33 Sch. 9 para. 19
- Sch. 54 Pt. A1 inserted by 2010 c. 33 Sch. 9 para. 10 (Sch. 9 para. 10 is amended before it comes into force by 2017 c. 32, Sch. 4 para. 182)
- Sch. 55 para. 6(3A)(za) inserted by 2015 c. 11 Sch. 20 para. 15(2)(a)
- Sch. 55 para. 6(4A)(za) inserted by 2015 c. 11 Sch. 20 para. 15(3)(a)
- Sch. 55 para. 17(4)(ba) inserted by 2015 c. 11 Sch. 20 para. 19
- Sch. 56 para. 3(1)(d) omitted by 2021 c. 26 Sch. 27 para. 40(4)(c)
Section 98
SCHEDULE 50U.K.Record-keeping
This schedule has no associated Explanatory Notes
Insurance premium taxU.K.
1(1)Paragraph 1 of Schedule 7 to FA 1994 (insurance premium tax: records) is amended as follows.U.K.
(2)In sub-paragraph (3)—
(a)after “may” insert “—
(a)”, and
(b)insert at the end—
“(b)authorise the Commissioners to direct that any such records need only be preserved for a shorter period than that specified in the regulations, and
(c)authorise a direction to be made so as to apply generally or in such cases as the Commissioners may stipulate.”
(3)For sub-paragraphs (4) to (6) substitute—
“(4)A duty under the regulations to preserve records may be discharged—
(a)by preserving them in any form and by any means, or
(b)by preserving the information contained in them in any form and by any means,
subject to any conditions or exceptions specified in writing by the Commissioners.”
Commencement Information
I1Sch. 50 para. 1 in force at 1.4.2010 for the purposes of the amendments made by that paragraph by S.I. 2010/815, art. 2
2U.K.In consequence of the amendment made by paragraph 1(3), in the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995, in Schedule 4, omit paragraph 89(4)(a).
Commencement Information
I2Sch. 50 para. 2 in force at 1.4.2010 for the purposes of the amendment made by that paragraph by S.I. 2010/815, art. 2
Stamp duty land taxU.K.
3U.K.Part 4 of FA 2003 (stamp duty land tax) is amended as follows.
4U.K.Schedule 10 (stamp duty land tax: returns, enquiries, assessments and appeals) is amended in accordance with paragraphs 5 to 7.
5(1)Paragraph 9 (duty to keep and preserve records) is amended as follows.U.K.
(2)In sub-paragraph (2), for “for six years after the effective date of the transaction and until any later” substitute “ until the end of the later of the relevant day and the ”.
(3)After that sub-paragraph insert—
“(2A)“The relevant day” means—
(a)the sixth anniversary of the effective date of the transaction, or
(b)such earlier day as may be specified in writing by the Commissioners for Her Majesty's Revenue and Customs (and different days may be specified for different cases).”
(4)After sub-paragraph (3) insert—
“(4)The Commissioners for Her Majesty's Revenue and Customs may by regulations—
(a)provide that the records required to be kept and preserved under this paragraph include, or do not include, records specified in the regulations, and
(b)provide that those records include supporting documents so specified.
(5)Regulations under this paragraph may make provision by reference to things specified in a notice published by the Commissioners for Her Majesty's Revenue and Customs in accordance with the regulations (and not withdrawn by a subsequent notice).
(6)“Supporting documents” includes accounts, books, deeds, contracts, vouchers and receipts.”
Commencement Information
I3Sch. 50 para. 5 in force at 1.4.2010 for the purposes of the amendments made by that paragraph by S.I. 2010/815, art. 2
6U.K.For paragraph 10 (preservation of information instead of original records) substitute—
“10The duty under paragraph 9 to preserve records may be satisfied—
(a)by preserving them in any form and by any means, or
(b)by preserving the information contained in them in any form and by any means,
subject to any conditions or exceptions specified in writing by the Commissioners for Her Majesty's Revenue and Customs.”
Commencement Information
I4Sch. 50 para. 6 in force at 1.4.2010 for the purposes of the amendments made by that paragraph by S.I. 2010/815, art. 2
7U.K.Accordingly, in the heading before paragraph 10, for “instead of original records” substitute “ etc ”.
Commencement Information
I5Sch. 50 para. 7 in force at 1.4.2010 for the purposes of the amendment made by that paragraph by S.I. 2010/815, art. 2
8U.K.Schedule 11 (record-keeping where transaction is not notifiable) is amended in accordance with paragraphs 9 to 11.
9(1)Paragraph 4 (duty to keep and preserve records) is amended as follows.U.K.
(2)In sub-paragraph (2), for “for six years after the effective date of the transaction” substitute “until the end of—
(a)the sixth anniversary of the effective date of the transaction, or
(b)such earlier day as may be specified in writing by the Commissioners for Her Majesty's Revenue and Customs (and different days may be specified for different cases).”
(3)After sub-paragraph (3) insert—
“(4)The Commissioners for Her Majesty's Revenue and Customs may by regulations—
(a)provide that the records required to be kept and preserved under this paragraph include, or do not include, records specified in the regulations, and
(b)provide that those records include supporting documents so specified.
(5)Regulations under this paragraph may make provision by reference to things specified in a notice published by the Commissioners for Her Majesty's Revenue and Customs in accordance with the regulations (and not withdrawn by a subsequent notice).
(6)“Supporting documents” includes accounts, books, deeds, contracts, vouchers and receipts.”
Commencement Information
I6Sch. 50 para. 9 in force at 1.4.2010 for the purposes of the amendments made by that paragraph by S.I. 2010/815, art. 2
10U.K.For paragraph 5 (preservation of information instead of original records) substitute—
“5The duty under paragraph 4 to preserve records may be satisfied—
(a)by preserving them in any form and by any means, or
(b)by preserving the information contained in them in any form and by any means,
subject to any conditions or exceptions specified in writing by the Commissioners for Her Majesty's Revenue and Customs.”
Commencement Information
I7Sch. 50 para. 10 in force at 1.4.2010 for the purposes of the amendment made by that paragraph by S.I. 2010/815, art. 2
11U.K.Accordingly, in the heading before paragraph 5, for “instead of original records” substitute “ etc ”.
Commencement Information
I8Sch. 50 para. 11 in force at 1.4.2010 for the purposes of the amendment made by that paragraph by S.I. 2010/815, art. 2
12U.K.Schedule 11A (claims not included in returns) is amended in accordance with paragraphs 13 and 14.
13(1)Paragraph 3 (duty to keep and preserve records) is amended as follows.U.K.
(2)Omit sub-paragraphs (3) and (4).
(3)After sub-paragraph (4) insert—
“(4A)The Commissioners for Her Majesty's Revenue and Customs may by regulations—
(a)provide that the records required to be kept and preserved under this paragraph include, or do not include, records specified in the regulations, and
(b)provide that those records include supporting documents so specified.
(4B)Regulations under this paragraph may make provision by reference to things specified in a notice published by the Commissioners for Her Majesty's Revenue and Customs in accordance with the regulations (and not withdrawn by a subsequent notice).
(4C)“Supporting documents” includes accounts, books, deeds, contracts, vouchers and receipts.”
Commencement Information
I9Sch. 50 para. 13 in force at 1.4.2010 for the purposes of the amendments made by that paragraph by S.I. 2010/815, art. 2
14U.K.After that paragraph insert—
“Preservation of information etcU.K.
3AThe duty under paragraph 3 to preserve records may be satisfied—
(a)by preserving them in any form and by any means, or
(b)by preserving the information contained in them in any form and by any means,
subject to any conditions or exceptions specified in writing by the Commissioners for Her Majesty's Revenue and Customs.”
Commencement Information
I10Sch. 50 para. 14 in force at 1.4.2010 for the purposes of the amendment made by that paragraph by S.I. 2010/815, art. 2
Aggregates levyU.K.
15U.K.Schedule 7 to FA 2001 (aggregates levy: information and evidence etc) is amended as follows.
16(1)Paragraph 2 (records) is amended as follows.U.K.
(2)For sub-paragraphs (4) and (5) substitute—
“(4)A duty under regulations under this paragraph to preserve records may be discharged—
(a)by preserving them in any form and by any means, or
(b)by preserving the information contained in them in any form and by any means,
subject to any conditions or exceptions specified in writing by the Commissioners.”
(3)In sub-paragraph (9), omit “approval or” and “given or”.
Commencement Information
I11Sch. 50 para. 16 in force at 1.4.2010 for the purposes of the amendments made by that paragraph by S.I. 2010/815, art. 2
17U.K.Omit paragraph 3 (evidence of records that are required to be preserved).
Commencement Information
I12Sch. 50 para. 17 in force at 1.4.2010 for the purposes of the amendment made by that paragraph by S.I. 2010/815, art. 2
Climate change levyU.K.
18U.K.Schedule 6 to FA 2000 (climate change levy) is amended as follows.
19(1)Paragraph 125 (records) is amended as follows.U.K.
(2)For sub-paragraphs (4) and (5) substitute—
“(4)A duty under regulations under this paragraph to preserve records may be discharged—
(a)by preserving them in any form and by any means, or
(b)by preserving the information contained in them in any form and by any means,
subject to any conditions or exceptions specified in writing by the Commissioners.”
(3)In sub-paragraph (9), omit “approval or” and “given or”.
Commencement Information
I13Sch. 50 para. 19 in force at 1.4.2010 for the purposes of the amendments made by that paragraph by S.I. 2010/815, art. 2
20U.K.Omit paragraph 126 (evidence of records that are required to be preserved).
Commencement Information
I14Sch. 50 para. 20 in force at 1.4.2010 for the purposes of the amendment made by that paragraph by S.I. 2010/815, art. 2
Landfill taxU.K.
21U.K.In paragraph 2 of Schedule 5 to FA 1996 (landfill tax: records), for sub-paragraphs (4) to (7) substitute—
“(4)A duty under regulations under this paragraph to preserve records may be discharged—
(a)by preserving them in any form and by any means, or
(b)by preserving the information contained in them in any form and by any means,
subject to any conditions or exceptions specified in writing by the Commissioners.”
Commencement Information
I15Sch. 50 para. 21 in force at 1.4.2010 for the purposes of the amendment made by that paragraph by S.I. 2010/815, art. 2
Options/Help
Print Options
PrintThe Whole Act
PrintThis Schedule only
You have chosen to open The Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Act as a PDF
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open the Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open Schedules only
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.