SCHEDULES

SCHEDULE 50Record-keeping

Section 98

Insurance premium tax

I101

1

Paragraph 1 of Schedule 7 to FA 1994 (insurance premium tax: records) is amended as follows.

2

In sub-paragraph (3)—

a

after “may” insert

—

a

b

insert at the end—

b

authorise the Commissioners to direct that any such records need only be preserved for a shorter period than that specified in the regulations, and

c

authorise a direction to be made so as to apply generally or in such cases as the Commissioners may stipulate.

3

For sub-paragraphs (4) to (6) substitute—

4

A duty under the regulations to preserve records may be discharged—

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.

Annotations:
Commencement Information
I10

Sch. 50 para. 1 in force at 1.4.2010 for the purposes of the amendments made by that paragraph by S.I. 2010/815, art. 2

I52

In consequence of the amendment made by paragraph 1(3), in the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995, in Schedule 4, omit paragraph 89(4)(a).

Annotations:
Commencement Information
I5

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

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

I126

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
I12

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.

I69

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
I6

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

I1110

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
I11

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

I811

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

Annotations:
Commencement Information
I8

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

I1514

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.

Annotations:
Commencement Information
I15

Sch. 50 para. 14 in force at 1.4.2010 for the purposes of the amendment made by that paragraph by S.I. 2010/815, art. 2

Aggregates levy

15

Schedule 7 to FA 2001 (aggregates levy: information and evidence etc) is amended as follows.

I1316

1

Paragraph 2 (records) is amended as follows.

2

For sub-paragraphs (4) and (5) substitute—

4

A duty under regulations under this paragraph to preserve records may be discharged—

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.

3

In sub-paragraph (9), omit “approval or” and “given or”.

Annotations:
Commencement Information
I13

Sch. 50 para. 16 in force at 1.4.2010 for the purposes of the amendments made by that paragraph by S.I. 2010/815, art. 2

I417

Omit paragraph 3 (evidence of records that are required to be preserved).

Annotations:
Commencement Information
I4

Sch. 50 para. 17 in force at 1.4.2010 for the purposes of the amendment made by that paragraph by S.I. 2010/815, art. 2

Climate change levy

18

Schedule 6 to FA 2000 (climate change levy) is amended as follows.

I919

1

Paragraph 125 (records) is amended as follows.

2

For sub-paragraphs (4) and (5) substitute—

4

A duty under regulations under this paragraph to preserve records may be discharged—

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.

3

In sub-paragraph (9), omit “approval or” and “given or”.

Annotations:
Commencement Information
I9

Sch. 50 para. 19 in force at 1.4.2010 for the purposes of the amendments made by that paragraph by S.I. 2010/815, art. 2

I720

Omit paragraph 126 (evidence of records that are required to be preserved).

Annotations:
Commencement Information
I7

Sch. 50 para. 20 in force at 1.4.2010 for the purposes of the amendment made by that paragraph by S.I. 2010/815, art. 2

Landfill tax

I1421

In paragraph 2 of Schedule 5 to FA 1996 (landfill tax: records), for sub-paragraphs (4) to (7) substitute—

4

A duty under regulations under this paragraph to preserve records may be discharged—

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.