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HMRC internal manual

Technical Teams Operational Guidance

From
HM Revenue & Customs
Updated
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Civil Investigation of Fraud (Code 9): historical record: managing the disclosure process: business side papers

In disclosure cases it will be unusual to seek immediate possession of original business records.

As well as the taxpayer obviously needing these for the proper conduct of the business the adviser preparing the disclosure report will need ready access.

In most cases it will be sufficient to ask the taxpayer (and record his/her agreement) that in the spirit of co-operation all records, business and private be preserved until the investigation is closed. No records should be destroyed, weeded, moved out of the jurisdiction, transferred to another person or in any other way rendered inaccessible. Taxpayers can be reminded of their statutory responsibilities - under ITSA businesses must retain certain records for 5 years after the fixed filing dates and non-business individuals for one year (CH370330-40). Companies are bound by the Companies Acts and under CTSA all companies have to retain records for 6 years from the end of the accounting period (CH370350). Records required to be retained under VAT rules may have to be kept for up to 6 years (CH370400).

However if records are not removed they should, wherever possible, be listed.

(This content has been withheld because of exemptions in the Freedom of Information Act 2000)

(This content has been withheld because of exemptions in the Freedom of Information Act 2000)

(This content has been withheld because of exemptions in the Freedom of Information Act 2000)