Value-Added Tax Consolidation Act 2010

84.

Duty to keep records.

[VATA s. 16(1), (2), (3) and (4)]

84.—(1) Every accountable person shall, in accordance with regulations, keep full and true records of all transactions which affect or may affect his or her liability to tax and entitlement to deductibility.

(2) Every person (other than an accountable person) who supplies goods or services in the course or furtherance of business shall keep all invoices issued to him or her in connection with the supply of goods or services to him or her for the purpose of such business.

(3) The following:

( a) records kept by a person pursuant to this Chapter or section 124(7) and that are in the power, possession or procurement of the person;

( b) any books, invoices, copies of customs entries, credit notes, debit notes, receipts, accounts, vouchers, bank statements or other documents whatsoever which relate to the supply of goods or services, the intra-Community acquisition of goods, or the importation of goods by the person and that are in the power, possession or F145 [ procurement of the person; ]

( c) in the case of any such book, invoice, credit note, debit note, receipt, account, voucher, or other document, which has been issued by the person to another person, any copy thereof which is in the power, possession or F145 [ procurement of the person; and ]

F146 [ ( d ) any linking documents that are in the power, possession or procurement of the person, ]

shall, subject to F147 [ subsection (4) and sections 91C(7) and 91E(7) ] F148 [ and notwithstanding any other law ], be retained in that person’s power, possession or procurement for a period of 6 years from the date of the latest transaction to which the F145 [ records, linking documents, invoices, or any of the other documents ], relate.

(4) Notwithstanding the retention period specified in subsection (3), the following retention periods shall apply:

( a) where a person acquired or developed immovable goods to which section 4 of the repealed enactment applied, the period for which the person F145 [ shall retain records and linking documents ] pursuant to this Chapter in relation to that person’s acquisition or development of those immovable goods shall be the duration that such person holds a taxable interest in such goods plus a further period of 6 years;

( b) where a person exercised a waiver of exemption from tax in accordance with section 7 of the repealed enactment, the period for which the person F145 [ shall retain records and linking documents ] pursuant to this Chapter shall be the duration of the waiver plus a further period of F145 [ 6 years; ]

F146 [ ( c ) in the case of records and linking documents (required to be kept by a person pursuant to this Chapter) that relate to a transaction and to any return (required to be furnished in accordance with section 76 or 77 ) for a period in which the transaction affects or may affect the person s liability to tax or entitlement to deductibility, where that transaction is the subject of

(i) an inquiry or investigation started by the Revenue Commissioners or by a Revenue officer into any matter to which this Act relates,

(ii) a claim made under a provision of this Act,

(iii) an appeal to the Appeal Commissioners under a provision of this Act, or

(iv) proceedings relating to any matter to which this Act relates,

those records and linking documents shall be retained in that person s power, possession or procurement for the longer of

(I) a period of 6 years from the date of the transaction, and

(II) until such time as

(A) the inquiry or investigation has been completed, or the claim has been determined, and

(B) any appeal to the Appeal Commissioners in relation to the outcome of that inquiry or investigation or the determination of that claim, or to any other matter to which the Act relates, has become final and conclusive, and

(C) any proceedings in relation to the outcome of that inquiry or investigation or the determination of that claim or that appeal, or to any other matter to which the Act relates, has been finally determined, and

(D) the time limit for instituting any appeal or proceedings or any further appeal or proceedings has expired. ]

F149 [ (5) This Chapter shall not require the F150 [ retention of records, linking documents or invoices ] or any of the other documents in respect of which the Revenue Commissioners notify the person concerned that retention is not required. ]

F151 [ (6) In this section linking documents means documents drawn up in the making up of accounts and returns and showing details of the calculations linking the records required to be kept by a person pursuant to this Chapter to the accounts and returns. ]

Annotations:

Amendments:

F145

Substituted (23.12.2014) by Finance Act 2014 (37/2014), ss. 66(a)(i), (ii), (iv) and 66(b)(i), (ii), commenced on enactment.

F146

Inserted (23.12.2014) by Finance Act 2014 (37/2014), ss. 66(a)(iii) and 66(b)(iii), commenced on enactment.

F147

Substituted (1.01.2015) by European Union (Value-Added Tax) Regulations 2014 (S.I. No. 340 of 2014), reg. 3(f), in effect as per reg. 2(1).

F148

Inserted (31.03.2012) by Finance Act 2012 (9/2012), s. 89(a), commenced on enactment.

F149

Substituted (31.03.2012) by Finance Act 2012 (9/2012), s. 89(b), commenced on enactment.

F150

Substituted (23.12.2014) by Finance Act 2014 (37/2014), s. 66(c), commenced on enactment.

F151

Inserted (23.12.2014) by Finance Act 2014 (37/2014), s. 66(d), commenced on enactment.

Editorial Notes:

E31

Further particulars of details required to be included in the records which accountable persons are required to keep pursuant to section prescribed (1.01.2011) by Value-Added Tax Regulations 2010 (S.I. No. 639 of 2010), reg. 27, in effect as per reg. 1(2); as amended (22.11.2012) by Value-Added Tax (Amendment) Regulations 2012 (S.I. No. 458 of 2012), reg. 2(e).