To Shred or Not to Shred? Daszkal Bolton’s Guidelines for Keeping Business Records.
After every tax season, clients get the urge to do some “spring cleaning” of their business records. It feels good to purge some of the financial records stuffing your desk drawers and electronic filing cabinets. But before you head for the trash can or dumpster, first head to the shredder, but only after you make sure you’re not disposing of business records you may need if an IRS Auditor contacts you.
In general, you must keep records that support items shown on your individual tax return until the statute of limitations runs out – generally, three years from the due date of the return or the date you filed, whichever is later. That means that now you can generally throw out records for the 2008 tax year, for which you filed a return in 2009.
In most cases, the IRS can audit your return for three years. You can also file an amended return on Form 1040X during this time period if you missed a deduction, overlooked a credit or misreported income.
So, does that mean you’re safe from an audit after three years? Not necessarily. There are exceptions:
If the IRS has reason to believe your income was understated by 25 percent or more, the statute of limitations for an audit increases to six years.
If there is suspicion of fraud or you don’t file a tax return at all, there is no time limit for the IRS.
How Long Should You Keep Documents?
Like most issues involving the IRS or other government agencies, there’s no easy answer to that question. The IRS does not require you to keep records in any particular way. But Daszkal Bolton has come up with some basic guidelines to follow for individuals (guidelines for businesses are in the chart below):
Completed tax returns. We recommend that you hold onto copies of your finished tax returns indefinitely, so you can prove to the IRS that you actually filed. Even if you don’t keep the returns indefinitely, you should hang onto them for at least six years after they are due or filed, whichever is later.
Backup records. Any written evidence that supports figures on your tax return, such as receipts, expense logs, bank notices and sales records, should generally be kept for at least the three-year period.
Exceptions. There are some cases when taxpayers get more than the usual three years to file an amended return. You have up to seven years to take deductions for bad debts or worthless securities, so don’t toss out records that could result in refund claims for those items.
Real Estate records. Keep these for as long as you own the property, plus three years after you dispose of it and report the transaction on your tax return. Throughout ownership, keep records of the purchase, as well as receipts for home improvements, relevant insurance claims, and documents relating to refinancing. These help prove your adjusted basis in the home, which is needed to figure the taxable gain at the time of sale, or to support calculations for rental property or home office deductions.
Securities. To accurately report taxable events involving stocks and bonds, you must maintain detailed records of purchases and sales. These records should include dates, quantities, prices, dividend reinvestment, and investment expenses, such as broker fees. Keep these records for as long as you own the investments, plus the statute of limitations on the relevant tax returns.
Individual Retirement Accounts (IRAs). The IRS requires you to keep copies of Forms 8606, 5498 and 1099-R until all the money is withdrawn from your IRA accounts. With the introduction of Roth IRAs, it’s more important than ever to hold onto all IRA records pertaining to contributions and withdrawals in case you’re ever questioned. If an account is closed, treat IRA records with the same rules as securities. Don’t dispose of any ownership documentation until the statute of limitations expires.
Issues affecting more than one year. Records that support figures affecting multiple years, such as carryovers of charitable deductions, net operating loss carrybacks or carryforwards or casualty losses, need to be saved until the deductions no longer have effect, plus seven years, according to IRS instructions.
Please note: These general recordkeeping guidelines are for tax purposes. Insurance companies and creditors may have other requirements.
Important: Before tossing out financial documents, shred them thoroughly. Identity thieves can obtain account numbers and other data by rummaging through your trash.
Business Record Guidelines
Maintain for a minimum of four years, to meet various state and federal requirements.
Employee Time Cards
Keep for at least three years if your business is subject to the Fair Labor Standards Act (engaged in interstate commerce); although it’s a good practice for all businesses to keep the files for several years in case questions arise.
Retain three years after an employee has been terminated.
Employment Tax Records
Keep four years from the date the tax was due, or the date it was paid — whichever is longer.
Employee Business Expenses
For travel and transportation expenses supported by mileage logs and other receipts, keep supporting documents for the three-year statute of limitations period.
Sales Tax Returns
State regulations vary. For example, New York generally requires sales tax records to be retained for three years, while California requires four years, and Arkansas, six. Check with your tax adviser for the required record retention period for returns and supporting documents.
Records used to substantiate the cost and deductions (such as depreciation, amortization and depletion) associated with business property must be maintained to determine the basis and gain (or loss) on the sale. Keep these for as long as you own the asset, plus seven years, according to IRS guidelines.