Haw. Code R. § 18-231-3-14.25 - Records be preserved for three years; penalties for failure to maintain records

(a) The records described in section 18-231-3-14.22 shall be kept in the English language and preserved within the State for a period of not less than three years, and shall be kept and preserved for a longer period if so provided by statute. The records relating to any tax for a taxable period shall be preserved during the statutory period within which the tax may be assessed or levied, including any extensions of the statutory period agreed to between the department and the taxpayer.

(b) Those records shall be made available for examination on request by the department or the Multistate Tax Commission, or the authorized representatives of either.

(c) Upon failure by the taxpayer, without reasonable cause, to substantially comply with the requirements of sections 18-231-3-14.22 to 18-231-3-14.25, the department may:

(1) Disregard any records that have not been prepared and maintained in substantial compliance with the requirements of these rules;

(2) Treat the noncompliance with these rules as evidence of negligence or intent to evade the payment of taxes; and

(3) Revoke a taxpayer's general excise license, or certificate of registration, upon evidence of continued failure to comply with these rules.

Notes

Haw. Code R. § 18-231-3-14.25

[Eff 8/18/94] (Auth: HRS §§ 231-3(9)) (Imp: HRS §§ 237-41, 237D-12, 238-9, 243-9, 244D-9, 245-8, 251-11)