Revenue Scotland and Tax Powers Act 2014

Duties to keep records

74 Duty 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.

75 Preservation of information etc.

The duty under section 74 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 prescribed by the Scottish Ministers by regulations.