Keeping Tax Records
The
period of time a business must keep records and the types of records required
varies according to the statutory requirements of the particular government or
agency involved. The five main federal agencies are: Internal Revenue Service,
US Department of Labor, Wage and Hour Division, Immigration and Naturalization,
Social Security Administration, and Equal Employment Opportunity Commission. In
addition, there may be selective state agencies that have their own particular
requirements. However, the tendency is such that the federal agencies usually
have more stringent requirements, so we will focus on them.
Keep in mind, however, that various civil and
criminal actions brought against a business do not always follow these statutory
time requirements. That means nothing short of saving every scrap of business
paper and record forever will absolutely provide a buffer from any and all
challenges. Nevertheless, the majority of situations do tend to follow
government agency time requirements. Since most businesses cannot possibly
retain every document forever, they therefore choose to follow the federal
agency requirements instead.
Before suggestions are made as to how long to
keep different types of business records for income tax purposes, a brief
synopsis of each of the major federal agencies and what they cover is in order.
Internal Revenue Service:
This agency is the most well-known.
It handles all pertinent matters relating to federal income and estate tax
returns. Thus, any information filed on any of these types of returns must be
retained for the IRS statutory period which will be detailed shortly.
US Department of Labor:
Employee wage matters, working conditions, ERISA rules, and other personnel
matters fall under the jurisdiction of this agency.
Immigration and Naturalization:
This agency oversees the employment rules and regulations concerning the use of
non US citizens, and verification of work eligibility.
Social Security Administration:
The business records for employee's earnings as
they relate to social benefits available from this agency are regulated here.
Equal Employment Opportunity Commission:
The EEOC handles personnel matters as they apply to employee's rights on the
job.
Since the biggest concern for most businesses is
what the IRS requires for specific types of records, detailed below is a
suggested breakout of the type of record, and the minimum time to retain them.
Please be advised that the normal statute of
limitations is being used. It may be longer in the situation where income or
expenses are being distorted, such that it materially affects your tax liability
(usually by 25% or more). In that case, the period is 6 years. Similarly, if
fraud is involved, or failure to file, the statute of limitations doesn't
expire.
Tips On Physically Keeping
Records
First, wherever possible, try to have duplicates
of records in two separate physical locations to avoid loss due to catastrophe
like fire or flood. If this isn't possible or practical, try to keep them safe
from these possibilities in a fire proof or flood proof environment. At the
very least, protect the permanent or quasi permanent records such as contracts,
insurance policies, real estate records, etc.