SALF211 - Income Tax Self Assessment Tax Returns: Other Taxpayer Obligations: Requirement to Keep Records on Which Return is Based
Taxpayer must keep and preserve records relevant to tax
liability
Section 12B(1)
| 2.94 | Under Self Assessment taxpayers are required both to keep and preserve the records needed to make a correct and complete tax return for any period. |
| 2.95 | It is virtually impossible to produce an accurate return of profit without keeping records of one sort or another. Many taxpayers already keep records, often for business management purposes and general reasons of prudence, if not specifically for tax purposes. But the formal requirement to keep records discourages taxpayers who might otherwise choose not to keep or retain records of an adequate standard in the hope that HMRC would then only have evidence to support a relatively low estimate of profits made. |
Period for which records must be kept
Section 12B(1)(b) & (2)
| 2.96 | Where a notice to file is
issued at the normal time the relevant records must be kept until
the later of
|
Section 12B(2A)
| 2.97 | Where a notice to file is
issued after the normal time, but before
the record keeping requirement is the same as that in para 2.96. |
| 2.98 | But where the notice to
file is not issued until after the dates given in para 2.97 the
record- keeping requirement only extends to those records still in
the taxpayer's possession at the time the notice to file is
received. These will be the only records, if any, that the taxpayer
uses to complete the tax return. Any such records must then be kept
until the later of
For example, most employees are correctly taxed under PAYE and do not need to be issued with notices to file a tax return each year. Where, exceptionally, an employee is issued with a notice to file a tax return after the first anniversary of the 31st January |
Business records to be kept
Section 12B(3) & (6)
| 2.99 | In the case of a business
(including the business of letting a property) the records that
must be kept include records of
|
Other records to be kept
| 2.100 | There are no specified rules for other sources of income other than the general requirement to make a complete and correct tax return. But typically taxpayers are expected to keep evidence of the income that they have received, such as bank statements or dividend vouchers. Employees need to keep their P60s and evidence of the taxable benefits they have received. Where someone returns a chargeable gain (or loss) they need to keep all the records relating to the asset in question and the calculation of the gain (or loss) on its disposal. |
Records may be preserved as copies of the originals
Section 12B(4) and (4A)
| 2.101 | Providing all the original information is retained, it may be retained in a form other than the original documents. This allows original documents to be retained as copies, including copies maintained in electronic form on computer-based optical imaging systems, providing the images that are retained are complete and full copies. Please see Tax Bulletin 37 (on our website at www.hmrc.co.uk/bulletins) for further information on the preservation of information contained in paper records. |
| 2.101A | There are exceptions to the general rule at para 2.101 and certain original documents must be retained (section 12B(4A)). This includes certificates of tax deducted and vouchers showing tax credits |
Penalty for failure to keep records as required
Section 12B(5)
| 2.102 | A penalty of up to £3,000 may be charged for each failure to keep or to preserve adequate records in support of a tax return. |
| 2.103 | Where record keeping failures come to light during the course of HMRC enquiries, they are likely to be a factor to be taken into consideration in determining the extent to which any penalties are to be abated in respect of other offences, for example, where incorrect accounts have been submitted and a penalty is sought under Section 95. A penalty under Section 12B(5) will normally be sought only in serious cases, for example, where there has been a history of record-keeping failures or records have been destroyed deliberately to obstruct an enquiry. The amount of any penalty will depend on the nature of the offence. |
| 2.104 | The taxpayer has the right of appeal against the determination of any such penalty. |
Failure to keep records on which a claim is based
Section 12B(5A)
| 2.105 | Where a particular claim, election or notice is made in a tax return any failure to retain the records relating to that claim etc. falls within the terms of Section 12B(5), but where the claim etc. is made independently of a tax return then a failure to retain the relevant records falls within the terms of Schedule 1A (see Chapter 6). |
