SACM4010 - Records and Information: Where the Claim is Made in a Return
See SACM4005 for what records and information the customer has to keep. The customer then has to keep those records until the end of the relevant day.
The relevant day will normally be the first anniversary of the 31 January following the end of the year of assessment. For example, where the claim relates to 2005-06, the records will have to be retained until 31 January 2008.
However there are exceptions.
- Where we send the customer a tax return after the 31 October following the end of the year of assessment. In this situation, the records will have to be preserved for a period of twelve months from the statutory filing date for the return. If the date on which we send the return is some time after the normal date for the preservation of the records, the customer must retain those records still in existence at the date of issue until the date for making an enquiry has passed.
For example,
- A return for 2005-06 is issued on 1 November 2006. The statutory filing date is 31 January 2007 and so the records must be retained until 31 January 2008
- A return for 2005-06 is issued on 1 November 2008. The statutory filing date is 31 January 2009 and those records in existence at 1 November 2008 must be retained until 31 January 2010.
- Where the customer files the return later than the statutory filing date. In this situation, the customer will have to retain the records for a period of twelve months from the date on which the return is filed. In some cases this period may rise to fifteen months.
For example, a return for 2005-06 is issued on 6 April 2006. The statutory filing date is 31 January 2007. The return is filed on 10 February 2007 and the records must be retained until 30 April 2008 as that is now the last date on which an enquiry could be opened
- Where the claim relates to a business or some letting of property. In such cases, the records will normally have to be kept until the fifth anniversary of the 31 January following the end of the year of assessment.
For example, records relating to property letting in 2005-06 should be retained until 31 January 2012.
- Where an enquiry is made into the return or an amended return. If that is so, the records must be preserved until the date on which the enquiry is completed.