Section 128A Obligation to retain records

(1) In this section—

“records” includes books, accounts, documents and any other data maintained manually or by any electronic, photographic or other process, relating to—

(a) a liability to stamp duty, and

(b) a relief or any exemption claimed under any provision of this Act.

(2) Every accountable person shall retain, or cause to be retained on his or her behalf, records of the type referred to in subsection (1) as are required to enable—

(a) a true return or statement to be made for the purposes of this Act, and

(b) a claim to a relief or an exemption under any provision of this Act to be substantiated.

(3) Any records required to be retained by virtue of this section shall be retained—

(a) in its written form, or

(b) subject to section 887(2) of the Taxes Consolidation Act 1997, by means of any electronic, photographic or other process.

(4) Records retained for the purposes of subsections (2) and (3) shall be retained by the person required to retain the records for a period of 6 years commencing on the later of—

(a) the date an electronic return or a paper return was delivered to the Commissioners, or

(b) the date that the duty was paid to the Commissioners.

(5) Any person who fails to comply with subsection (2), (3) or (4) in respect of the retention of any records relating to a liability to stamp duty, or a relief or an exemption, is liable to a penalty of €3,000.