Value Added Tax Act 1994 Schedule 11 paragraphs 6–6A

Duty to keep records

Schedule 11 paragraphs 6 and 6A set out the obligations on taxable persons to keep and preserve VAT records, including special electronic record-keeping requirements for online marketplace operators and overseas sellers, and HMRC's power to direct specific persons to keep additional records where VAT may be at risk.

  • Every taxable person must keep the records HMRC prescribe by regulation, and HMRC can require those records to be preserved for up to six years, with different requirements for different circumstances.
  • Records may be preserved in any form or medium, but online marketplace operators and overseas sellers whose place of supply is determined under specific rules must preserve records of relevant supplies electronically and make them available to HMRC electronically on request.
  • HMRC may make regulations specifying the electronic format for records, including requirements for authentication, conditions that must be met, and rules about how the contents of electronic records are to be proved.
  • HMRC may also direct a named taxable person to keep additional records relating to specified goods where there are reasonable grounds to believe this will help identify supplies on which VAT may not have been paid; such directions must be given in writing and remain in force until revoked or replaced.

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