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Amendment of section 84 of Principal Act (duty to keep records)
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66. Section 84 of the Principal Act is amended—
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(a) in subsection (3) —
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(i) in paragraph (b) by substituting “procurement of the person;” for “procurement of the person; and”,
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(ii) in paragraph (c) by substituting “procurement of the person; and” for “procurement of the person,”,
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(iii) by inserting the following paragraph after paragraph (c):
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“(d) any linking documents that are in the power, possession or procurement of the person,”,
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and
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(iv) by substituting “records, linking documents, invoices, or any of the other documents” for “records, invoices, or any of the other documents”,
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(b) in subsection (4) —
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(i) in paragraph (a) by substituting “shall retain records and linking documents” for “shall retain records”,
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(ii) in paragraph (b) —
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(I) by substituting “shall retain records and linking documents” for “shall retain records”, and
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(II) by substituting “6 years;” for “6 years.”,
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and
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(iii) by inserting the following paragraph after paragraph (b):
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“(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—
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(i) an inquiry or investigation started by the Revenue Commissioners or by a Revenue officer into any matter to which this Act relates,
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(ii) a claim made under a provision of this Act,
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(iii) an appeal to the Appeal Commissioners under a provision of this Act, or
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(iv) proceedings relating to any matter to which this Act relates,
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those records and linking documents shall be retained in that person’s power, possession or procurement for the longer of—
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(I) a period of 6 years from the date of the transaction, and
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(II) until such time as—
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(A) the inquiry or investigation has been completed, or the claim has been determined, and
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(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
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(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
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(D) the time limit for instituting any appeal or proceedings or any further appeal or proceedings has expired.”,
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(c) in subsection (5) by substituting “retention of records, linking documents or invoices” for “retention of records or invoices”, and
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(d) by inserting the following subsection after subsection (5):
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“(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.”.
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