531AAN. Obligation to keep certain records

(1) A chargeable person shall retain, or cause to be retained on behalf of the chargeable person, such records and linking documents as are required to enable a full and true return to be made for the purposes of this Part.

(2) Without prejudice to the generality of subsection (1), the records required to be retained under that subsection shall include, but are not limited to, books, accounts, documents and any other data maintained manually or by any electronic, photographic or other process, relating to—

(a) each first supply of concrete products during an accounting period, including—

(i) invoices, delivery and purchase records,

(ii) specific concrete product information which will enable the identification of the type of concrete product, and

(iii) documentation recording the open market value of the concrete products,

(b) the calculation of the liability for and payment of the defective concrete products levy in an accounting period by a chargeable person, and

(c) where applicable, the document issued under section 531AAH(3) or record made under section 531AAH(4) in relation to each such first supply.

(3) Records required to be retained under this section shall be retained—

(a) in written form in an official language of the State, or

(b) subject to section 887(2), by means of any electronic, photographic or other process.

(4) Notwithstanding any other law, records to be retained under this section shall be retained by the chargeable person required to retain the records, for the period of 6 years commencing from the end of the accounting period in which a return has been delivered.

(5) For the purposes of this section, where the chargeable person is a company and the company—

(a) is wound up, the liquidator, or

(b) is dissolved without the appointment of a liquidator, the last directors, including any person occupying the position of director by whatever name called, of the company,

shall retain the records required to be retained under this section for a period of 5 years from the date from which the company is wound up or dissolved.

(6) For the purpose of this section, where a chargeable person dies, the executor or administrator of that deceased person shall retain the records required to be retained under this section for a period of 5 years from the date of death of the chargeable person.

(7) A person who fails to comply with this section in respect of the retention of any records relating to defective concrete products levy shall be liable to a penalty of €3,000.