Document ID: chunk:federal_register_of_legislation:C2025C00029:section:6:p11
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 6 (pt 11/18)
Character Range: 7622956–7625678

you need to retain records of an expense and when you have to produce those records.

Table of sections
900‑165 The retention period

Operative provisions
900‑170 Extending the retention period if an expense is disputed
900‑175 Commissioner may tell you to produce your records
900‑180 How to comply with a notice
900‑185 What happens if you don't comply

900‑165  The retention period
  Whenever you are required to retain records of an expense under this Division or Division 28, you need to retain the records for 5 years.

Operative provisions

900‑170  Extending the retention period if an expense is disputed
  The *retention period is automatically extended if one of the following types of dispute relating to the expense is unresolved when the 5 years end:
 (a) an objection;
 (b) a review or appeal arising from an objection;
 (c) a request for amendment of an assessment.
The extension lasts until the dispute is resolved.

900‑175  Commissioner may tell you to produce your records
 (1) The Commissioner may give you a written notice telling you to produce records of expenses specified in the notice. The records must be ones that you have to retain for the *retention period: you do not have to produce records if the retention period for those records is over.
 (2) The notice must give you 28 days or more to comply, starting on the day after the notice is given. The Commissioner may allow you more time to comply with the notice.

900‑180  How to comply with a notice
 (1) To comply with the notice, you must produce to the Commissioner, for each of the expenses, the material that this Division or Division 28 requires you to retain during the *retention period.
 (2) You must also produce a summary that, for each expense for which you produce written evidence (see Subdivision 900‑E):
 (a) notes the expense; and
 (b) has a cross‑reference to the written evidence of the expense; and
 (c) summarises the particulars set out in the written evidence; and
 (d) if the expense was in a foreign currency—shows the amount of the expense in Australian currency.
The summary must be in English in a form approved by the Commissioner.

900‑185  What happens if you don't comply
 (1) If you do not comply with a notice for a particular expense, you cannot deduct the expense. If you have already deducted it, your assessment may be amended to disallow the deduction.
 (2) You do not commit an offence merely by not complying with the notice, despite section 8C of the Taxation Administration Act 1953.

Subdivision 900‑H—Relief from effects of failing to substantiate

Table of sections
900‑195 Commissioner's discretion to review failure to substantiate
900‑200 Reasonable expectation that substantiation would