Discovery of tax returns

Carawaystick

So a certain bankruptcy case mentioned a person was ordered to discover their tax returns from 2005 to 2014.

Revenue usually say you only need to keep your tax details for the last 7 years

I'm not even sure if you have to keep your tax return, as if you do it on paper, you can just post it off to revenue (i'm not arguing that not keeping a copy is good practice or anything)

So in general, if ordered to discover a tax return, and you didn't have it, would you have to go to Revenue to get the details back from them? Or could you just say that the document is not in your possession and satisfy the requirements?


Or would an actual order for discovery of a tax return be much more specifically worded than what the media report?

4ensic15

Carawaystick wrote: »

So a certain bankruptcy case mentioned a person was ordered to discover their tax returns from 2005 to 2014.

Revenue usually say you only need to keep your tax details for the last 7 years

I'm not even sure if you have to keep your tax return, as if you do it on paper, you can just post it off to revenue (i'm not arguing that not keeping a copy is good practice or anything)

So in general, if ordered to discover a tax return, and you didn't have it, would you have to go to Revenue to get the details back from them? Or could you just say that the document is not in your possession and satisfy the requirements?


Or would an actual order for discovery of a tax return be much more specifically worded than what the media report?

If the tax return can be obtained from the Revenue, then it has to be discovered as it is within the possession, power or procurement of the taxpayer.
people are frequently asked to discover their medical records. They invariably have to get them from the doctors and hospitals who treated them. It is entirely routine.

Peregrinus

Plus, if you're ordered to discover something, and you don't have it and can't get it, it's acceptable to make a declaration saying that you don't have this and it's not within your power or procurement, and give any supportive detail that may be relevant.

Carawaystick

I assumed there was some logical solution alright,
Thanks.