SCHEDULES

SCHEDULE 50Record-keeping

Stamp duty land tax

3

Part 4 of FA 2003 (stamp duty land tax) is amended as follows.

4

Schedule 10 (stamp duty land tax: returns, enquiries, assessments and appeals) is amended in accordance with paragraphs 5 to 7.

I35

1

Paragraph 9 (duty to keep and preserve records) is amended as follows.

2

In sub-paragraph (2), for “for six years after the effective date of the transaction and until any later” substitute “ until the end of the later of the relevant day and the ”.

3

After that sub-paragraph insert—

2A

The relevant day” means—

a

the sixth anniversary of the effective date of the transaction, 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).

4

After sub-paragraph (3) insert—

4

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.

5

Regulations under this paragraph may 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notice published by the Commissioners for Her Majesty's Revenue and Customs in accordance with the regulations (and not withdrawn by a subsequent notice).

6

Supporting documents” includes accounts, books, deeds, contracts, vouchers and receipts.

Annotations:
Commencement Information
I3

Sch. 50 para. 5 in force at 1.4.2010 for the purposes of the amendments made by that paragraph by S.I. 2010/815, art. 2

I76

For paragraph 10 (preservation of information instead of original records) substitute—

10

The duty under paragraph 9 to preserve records may be satisfied—

a

by preserving them in any form and by any means, or

b

by preserving the information contained in them in any form and by any means,

subject to any conditions or exceptions specified in writing by the Commissioners for Her Majesty's Revenue and Customs.

Annotations:
Commencement Information
I7

Sch. 50 para. 6 in force at 1.4.2010 for the purposes of the amendments made by that paragraph by S.I. 2010/815, art. 2

I27

Accordingly, in the heading before paragraph 10, for “instead of original records” substitute etc.

Annotations:
Commencement Information
I2

Sch. 50 para. 7 in force at 1.4.2010 for the purposes of the amendment made by that paragraph by S.I. 2010/815, art. 2

8

Schedule 11 (record-keeping where transaction is not notifiable) is amended in accordance with paragraphs 9 to 11.

I49

1

Paragraph 4 (duty to keep and preserve records) is amended as follows.

2

In sub-paragraph (2), for “for six years after the effective date of the transaction” substitute

until the end of—

a

the sixth anniversary of the effective date of the transaction, 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

After sub-paragraph (3) insert—

4

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.

5

Regulations under this paragraph may 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).

6

Supporting documents” includes accounts, books, deeds, contracts, vouchers and receipts.

Annotations:
Commencement Information
I4

Sch. 50 para. 9 in force at 1.4.2010 for the purposes of the amendments made by that paragraph by S.I. 2010/815, art. 2

I610

For paragraph 5 (preservation of information instead of original records) substitute—

5

The duty under paragraph 4 to preserve records may be satisfied—

a

by preserving them in any form and by any means, or

b

by preserving the information contained in them in any form and by any means,

subject to any conditions or exceptions specified in writing by the Commissioners for Her Majesty's Revenue and Customs.

Annotations:
Commencement Information
I6

Sch. 50 para. 10 in force at 1.4.2010 for the purposes of the amendment made by that paragraph by S.I. 2010/815, art. 2

I511

Accordingly, in the heading before paragraph 5, for “instead of original records” substitute etc.

Annotations:
Commencement Information
I5

Sch. 50 para. 11 in force at 1.4.2010 for the purposes of the amendment made by that paragraph by S.I. 2010/815, art. 2

12

Schedule 11A (claims not included in returns) is amended in accordance with paragraphs 13 and 14.

I113

1

Paragraph 3 (duty to keep and preserve records) is amended as follows.

2

Omit sub-paragraphs (3) and (4).

3

After sub-paragraph (4) insert—

4A

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.

4B

Regulations under this paragraph may 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).

4C

Supporting documents” includes accounts, books, deeds, contracts, vouchers and receipts.

Annotations:
Commencement Information
I1

Sch. 50 para. 13 in force at 1.4.2010 for the purposes of the amendments made by that paragraph by S.I. 2010/815, art. 2

I814

After that paragraph insert—

Preservation of information etc

3A

The duty under paragraph 3 to preserve records may be satisfied—

a

by preserving them in any form and by any means, or

b

by preserving the information contained in them in any form and by any means,

subject to any conditions or exceptions specified in writing by the Commissioners for Her Majesty's Revenue and Customs.