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Change year: 2010

Section 886A Retention and inspection of records in relation to claims by individuals

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Amendments

Section 886A inserted by Finance Act 2005 section 25.

(1) An individual who, in relation to a year of assessment, may wish to make a claim for an allowance, deduction or relief in relation to income tax shall keep and preserve all such records as may be requisite for the purpose of enabling the individual to make a correct and complete claim.

What can I use to support my claim for allowances or reliefs?

(1) Where you wish to make a claim for an allowance, deduction, or relief, you must retain any supporting records.

(2) The records which an individual is required to keep and preserve in accordance with subsection (1) shall be retained by the individual for the longer of the following periods―

(a) where enquiries into the claim or any amendment of the claim are made by an officer of the Revenue Commissioners, the period ending on the day on which those enquiries are treated as completed by the officer, and

(b) a period of 6 years beginning at the end of the year of assessment to which the claim relates.

How long must I retain documents that support a claim for an allowance or relief?

(2) The records in (1) must be kept for the longer of the following periods:...

to read the full commentary

(3) Subject to subsection (4), an individual who fails to comply with subsection (1) in relation to any claim which is made for a year of assessment, shall be liable to a penalty of €1,520 and, for the purposes of recovery of a penalty under this subsection, section 1061 shall apply in the same manner as it applies for the purposes of the recovery of a penalty under any of the sections referred to in that section.

What is the penalty for not retaining supporting records?

(3) A penalty of €1,520 applies to you if you fail to retain supporting records within (1). An authorised Revenue official may sue as plantiff in civil proceedings to recover such a penalty.

(4) Subsection (3) shall not apply where an officer of the Revenue Commissioners is satisfied that any facts which the officer reasonably requires to be proved, and which would have been proved by the records, are proved by other documentary evidence furnished to the officer.

In what circumstances will a penalty not apply if I fail to provide supporting records?

(4) The penalty in (3) does not apply if facts underlying the claim can be proved by other documentary evidence.

(5) Subject to the provisions of section 956, an officer of the Revenue Commissioners may enquire into―

(a) a claim made by an individual, or

(b) any amendment made by an individual of a claim made by the individual,

if, within 4 years from the end of the year of assessment in which the claim, or (as the case may be) any amendment of the claim, is made, the officer gives notice of his or her intention to do so to that individual.

What is the time limit for Revenue to inquire into a claim?

(5) A Revenue official may inquire into your claim, or any amendment to such claim, within four years of the end of the tax year in which the claim or amendment is made.

(6) Where an officer of the Revenue Commissioners gives notice under subsection (5) to any individual (in this subsection referred to as the "claimant") of his or her intention to enquire into―

(a) a claim made by the claimant, or

(b) any amendment made by the claimant of such a claim,

then the officer may at the same or any subsequent time by notice in writing require the claimant, within such time (which shall not be less than 30 days) as may be specified in the notice―

(i) to produce to the officer such documents as are in the claimant's possession or power and as the officer may reasonably require for the purpose of determining whether and, if so, the extent to which the claim or amendment is correct, and (ii) to furnish the officer with such accounts or particulars as the officer may reasonably require for that purpose.

What further requirements can Revenue request in examining claims?

(6) A Revenue official who notifies you of his/her intention to inquire into a claim, or an amendment to a claim, may, by written notice, require you within a specified time limit:...

to read the full commentary

(7) In complying with a notice under subsection (6) an individual may furnish to the officer copies of documents instead of originals, but―

(a) the copies must be photographic or other facsimiles, and

(b) the officer may by notice require the original to be produced for inspection.

Am I allowed to submit copies of documents to Revenue or are originals required?

(7) You are permitted to provide copies of documents, but the official may still require sight of the originals.

(8) The officer may take copies of, or make extracts from, any document produced to him or her under this section.

Are Revenue permitted to take copies of my documents?

(8) Yes. The official may take copies of, or extracts from, the supporting documents.

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