Regulation 16 Records : landfill sitesF1F8I1
United Kingdom
Every registrable person F2carrying out taxable activities at a landfill site shall, for the purpose of accounting for tax, preserve the following—
his business and accounting records;
his landfill tax account;
transfer notes and any other original or copy records in relation to material brought onto or removed from the landfill site (including any record made F3on or before 31st August 2009 for the purpose of Part IX of these Regulations F4before that Part was revoked with effect from 1st September 2009, or for the purpose of regulation 16A(4) below);
all invoices (including landfill invoices) and similar documents issued to him and copies of such invoices and similar documents issued by him;
all credit or debit notes or other documents received by him which evidence an increase or decrease in the amount of any consideration for a F5disposal, and copies of such documents that are issued by him;
such other records as the Commissioners may specify in a notice published by them and not withdrawn by a further notice.
Subject to paragraphs (3) and (4) below, every registrable person shall preserve the records specified in paragraph (1) above for a period of six years.
Subject to paragraph (4) below, a registrable person who has made a landfill tax bad debt account shall preserve that account for a period of five years from the date of the claim made under Part VI of these Regulations.
The Commissioners may direct that registrable persons shall preserve the records specified in paragraph (1) above for a shorter period than that specified in this regulation; and such direction may be made so as to apply generally or in such cases as the Commissioners may stipulate.
In paragraph (1) above—
the reference to material being brought onto a landfill site is a reference to material that is brought onto the site for the purpose of a F6disposal;
the reference to material being removed from a landfill site is a reference to material being removed that has at some previous time fallen wholly or partly within paragraph (a) above.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations
Textual amendments
- F1
Regulations disapplied in relation to Scotland (with effect from 1.4.2015) by virtue of Scotland Act 2012 (c. 11), ss. 31, 44(2)(b)(3)(c); S.I. 2015/638, art. 2 (with saving in S.I. 2015/599, arts. 6, 7)
Regulations disapplied in relation to Wales (with effect from 1.4.2018) by virtue of Wales Act 2014 (c. 29), ss. 19, 29(2)(b)(3)(b); S.I. 2018/214, art. 2(b)
- F2
Words in reg. 16(1) inserted (1.4.2018 with effect in respect of disposals made or treated as made on or after that date) by The Landfill Tax (Miscellaneous Provisions) Regulations 2018 (S.I. 2018/396), regs. 1, 13(b)
- F3
Words in reg. 16(1)(c) inserted (1.9.2009) by The Landfill Tax (Amendment) Regulations 2009 (S.I. 2009/1930), regs. 1, 2(5)(a)
- F4
Words in reg. 16(1)(c) inserted (1.9.2009) by The Landfill Tax (Amendment) Regulations 2009 (S.I. 2009/1930), regs. 1, 2(5)(b)
- F5
Words in reg. 16(1)(e) substituted (1.4.2018 with effect in respect of disposals made or treated as made on or after that date) by The Landfill Tax (Miscellaneous Provisions) Regulations 2018 (S.I. 2018/396), regs. 1, 13(c)
- F6
Words in reg. 16(5)(a) substituted (1.4.2018 with effect in respect of disposals made or treated as made on or after that date) by The Landfill Tax (Miscellaneous Provisions) Regulations 2018 (S.I. 2018/396), regs. 1, 13(c)
- F7
Reg. 16(6) omitted (1.4.2018 with effect in respect of disposals made or treated as made on or after that date) by virtue of The Landfill Tax (Miscellaneous Provisions) Regulations 2018 (S.I. 2018/396), regs. 1, 13(d)
- F8
Words in reg. 16 heading inserted (1.4.2018 with effect in respect of disposals made or treated as made on or after that date) by The Landfill Tax (Miscellaneous Provisions) Regulations 2018 (S.I. 2018/396), regs. 1, 13(a)
Commencement
Notes on the whole SI
Textual amendments
- F1
Regulations disapplied in relation to Scotland (with effect from 1.4.2015) by virtue of Scotland Act 2012 (c. 11), ss. 31, 44(2)(b)(3)(c); S.I. 2015/638, art. 2 (with saving in S.I. 2015/599, arts. 6, 7)
Regulations disapplied in relation to Wales (with effect from 1.4.2018) by virtue of Wales Act 2014 (c. 29), ss. 19, 29(2)(b)(3)(b); S.I. 2018/214, art. 2(b)
Notes on Part III
Textual amendments
- F2
Words in Pt. 3 heading substituted (1.9.2009) by The Landfill Tax (Amendment) Regulations 2009 (S.I. 2009/1930), regs. 1, 2(2)