SLfT8003 - Length of time to keep and preserve records

Records relating to a SLfT return

If the records relate to a SLfT return, you will need to keep and preserve the records until the end of the later of A or B:-

A) The relevant date, which means:

• the fifth anniversary of the day on which the return is made or, if the return is amended within the 12 month period allowed, the fifth anniversary on the day notice of the amendment is given under section 83 of the RSTPA 2014; or
• any earlier date as may be specified by us.

B) The date on which:

• an enquiry into the return is completed (see RSTP1006); or
• if there is no enquiry, when we no longer have the power to enquire into the return (see RSTP1003).

Records relating to notifying us about registration for tax or making records about material at a landfill site

If the records relate to fulfilling a requirement to notify us about your intention to carry out, or cease to carry out, taxable activities, or relate to making records in relation to material at a landfill site, you will need to keep and preserve the records until the end of:

• five years from the day on which the notice was given to us about the taxable activity or, as the case may be, five years from the day on which the waste material record was created,

or

• any earlier date as may be specified by us.

This includes waste transfer notes, even though environmental law only requires their preservation for two years. If, however, this causes you storage problems, involves you in undue expense or causes you other difficulties, you can ask us if you can preserve some of your records for a shorter period. You should always seek our agreement before destroying any of your records if they are less than five years old.

If you fail to keep and preserve records as required above under section 74 of the RSTPA 2014 then you are liable to a penalty under section 78 of that Act (see RSTP3002).

Records relating to claims not in a return

There is a shorter retention period where a person makes a claim other than in a SLfT return or amendment to a return (see RSTP7001). In this case, the person must keep and preserve such records as may be needed to make a correct and complete claim until the later of:

• the end of the period of three years beginning with the day on which the claim was made;
• where there is an enquiry into the claim (or an amendment of the claim), the time when the enquiry is completed (see RSTP7007); or
• where the claim is amended and there is no enquiry into the amendment, the time when we no longer have the power to enquire into the amendment.

If you fail to keep and preserve records as required above under paragraph 3 of schedule 3 to the RSTPA 2014 then you are liable to a penalty – see RSTP3002.