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Finance Act 1998

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Duty to keep and preserve recordsU.K.

21(1)A company which may be required to deliver a company tax return for any period must—U.K.

(a)keep such records as may be needed to enable it to deliver a correct and complete return for the period, and

(b)preserve those records in accordance with this paragraph.

(2)The records must be preserved [F1until the end of the relevant day.]

[F2(2A)In this paragraph “relevant day” means—

(a)the sixth anniversary of the end of the period for which the company may be required to deliver a company tax return, 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)If the company is required to deliver a company tax return by notice given before the end of [F3the relevant day], the records must be preserved until any later date on which—

(a)any enquiry into the return is completed, or

(b)if there is no enquiry, [F4an officer of Revenue and Customs] no longer [F5has] power to enquire into the return.

(4)If the company is required to deliver a company tax return by notice given after the end of [F6the relevant day] and has in its possession at that time any records that may be needed to enable it to deliver a correct and complete return, it is under a duty to preserve those records until the date on which—

(a)any enquiry into the return is completed, or

(b)if there is no enquiry, [F4an officer of Revenue and Customs] no longer [F5has] power to enquire into the return.

(5)The records required to be kept and preserved under this paragraph include records of—

(a)all receipts and expenses in the course of the company’s activities, and the matters in respect of which the receipts and expenses arise, and

(b)in the case of a trade involving dealing in goods, all sales and purchases made in the course of the trade.

[F7(5A)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.

[F8(5AA)Regulations under this paragraph may make provision, in relation to relevant transfer pricing records specified, or of a description specified, in the regulations—

(a)as to the form or manner in which those records are to be kept and preserved;

(b)by reference to things specified in the transfer pricing guidelines (within the meaning of section 164 of TIOPA 2010 (interpretation in accordance with OECD principles)).]

(5B)Regulations under this paragraph may—

(a)make different provision for different cases, and

(b)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).]

[F9(6)For the purposes of this paragraph—

(a)records are “relevant transfer pricing records” if the Commissioners for His Majesty’s Revenue and Customs reasonably consider that the records may relate to the calculation of profits or losses in accordance with Part 4 of TIOPA 2010 (transfer pricing);

(b)supporting documents” includes accounts, books, deeds, contracts, vouchers and receipts.]

Textual Amendments

F1Words in Sch. 18 para. 21(2) substituted (1.4.2009) by Finance Act 2008 (c. 9), s. 115(2), Sch. 37 para. 8(2); S.I. 2009/402, art. 2

F2Sch. 18 para. 21(2A) inserted (1.4.2009) by Finance Act 2008 (c. 9), s. 115(2), Sch. 37 para. 8(3); S.I. 2009/402, art. 2

F3Words in Sch. 18 para. 21(3) substituted (1.4.2009) by Finance Act 2008 (c. 9), s. 115(2), Sch. 37 para. 8(4); S.I. 2009/402, art. 2

F6Words in Sch. 18 para. 21(4) substituted (1.4.2009) by Finance Act 2008 (c. 9), s. 115(2), Sch. 37 para. 8(5); S.I. 2009/402, art. 2

F7Sch. 18 para. 21(5A)(5B) inserted (1.4.2009) by Finance Act 2008 (c. 9), s. 115(2), Sch. 37 para. 8(6); S.I. 2009/402, art. 2

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