Current through Register Vol. 42, No. 11, August 30, 2024
(1)
PURPOSE
(a) The purpose of this regulation is
to define the requirements imposed on taxpayers for the maintenance and
retention of books, records, and other sources of information under Section
40-2A-7(a)(5),
Code of Ala. 1975. It is also the purpose of the
regulation to address these requirements where all or a part of the taxpayer's
records are received, created, maintained or generated through various
computer, electronic and imaging processes and systems.
(2) DEFINITIONS
(a) For purposes of this regulation, these
terms shall be defined as follows:
1.
"Database Management System" means a software system that controls, relates,
retrieves, and provides accessibility to data stored in a database.
2. "Electronic data interchange" or "EDI
technology" means the computer-to-computer exchange of business transactions in
a standardized structured electronic format.
3. "Hard copy" means any documents, records,
reports or other data printed on paper.
4. "Machine-sensible record" means a
collection of related information in an electronic format. Machine-sensible
records do not include hard-copy records that are created or recorded on paper
or stored in or by an imaging system such as microfilm, microfiche, or
storage-only imaging systems.
5.
"Storage-only imaging system" means a system of computer hardware and software
that provides for the storage, retention and retrieval of documents originally
created on paper.
It does not include any system, or part of a system, that
manipulates or processes any information or data contained on the document in
any manner other than to reproduce the document in hard copy or as an optical
image.
6. "Taxpayer" as
used in this regulation means any person subject to or liable for any tax
administered by the department; any person required to file a return with
respect to, or to pay, or withhold and remit any tax administered by the
department or to report any information or value to the department; or any
person required to obtain or holding any interest in any license, permit, or
certificate of title issued by the department, or any person that may be
affected by any act or refusal to act by the department, or to keep any records
required by Chapter 2A, Title 40, Code of Ala.
1975.
(3) RECORDKEEPING REQUIREMENTS-GENERAL
(a) A taxpayer shall maintain all records
that are necessary to a determination of the correct tax liability. All
required records must be made available on request by the Alabama Department of
Revenue. Such records shall include all records needed to make a proper
determination of tax liability.
(b)
If a taxpayer retains records required to be retained under this regulation in
both machine-sensible and hard-copy formats, the taxpayer shall make the
records available to the Alabama Department of Revenue in machine-sensible
format upon request of the Alabama Department of Revenue.
(c) Nothing in this regulation shall be
construed to prohibit a taxpayer from demonstrating tax compliance with
traditional hard-copy documents or reproductions thereof, in whole or in part,
whether or not such taxpayer also has retained or has the capability to retain
records on electronic or other storage media in accordance with this
regulation. However, this subsection shall not relieve the taxpayer of the
obligation to comply with paragraph (3)(b) of this regulation.
(4) RECORDKEEPING REQUIREMENTS -
MACHINE-SENSIBLE RECORDS
(a) General
Requirements
1. Machine-sensible records used
to establish tax compliance shall contain sufficient transaction-level detail
information so that the details underlying the machine-sensible records can be
identified and made available to the Alabama Department of Revenue upon
request. A taxpayer has discretion to discard duplicated records and redundant
information provided its responsibilities under this regulation are
met.
2. At the time of an
examination, the retained records must be capable of being retrieved and
converted to a standard record format.
3. Taxpayers are not required to construct
machine-sensible records other than those created in the ordinary course of
business. A taxpayer who does not create the electronic equivalent of a
traditional paper document in the ordinary course of business is not required
to construct such a record for tax purposes.
(b) Electronic Data Interchange Requirements
1. Where a taxpayer uses electronic data
interchange processes and technology, the level of record detail, in
combination with other records related to the transactions, must be equivalent
to that contained in an acceptable paper record. For example, the retained
records should contain such information as vendor name, invoice date, product
description, quantity purchased, price, amount of tax, indication of tax
status, shipping detail, etc. Codes may be used to identify some or all of the
data elements, provided that the taxpayer provides a method which allows the
Alabama Department of Revenue to interpret the coded information.
2. The taxpayer may capture the information
necessary to satisfy paragraph (4)(b)1. at any level within the accounting
system and need not retain the original EDI transaction records provided the
audit trail, authenticity, and integrity of the retained records can be
established. For example, a taxpayer using electronic data interchange
technology receives electronic invoices from its suppliers. The taxpayer
decides to retain the invoice data from completed and verified EDI transactions
in its accounts payable system rather than to retain the EDI transactions
themselves. Since neither the EDI transaction nor the accounts payable system
captures information from the invoice pertaining to product description and
vendor name (i.e., they contain only codes for that information), the taxpayer
also retains other records, such as its vendor master file and product code
description lists and makes them available to the Alabama Department of
Revenue. In this example, the taxpayer need not retain its EDI transaction for
tax purposes.
(c)
Electronic Data Processing Systems Requirements
1. The requirements for an electronic data
processing accounting system should be similar to that of a manual accounting
system, in that an adequately designed accounting system should incorporate
methods and records that will satisfy the requirements of this
regulation.
(d) Business
Process Information
1. Upon the request of
the Alabama Department of Revenue, the taxpayer shall provide a description of
the business process that created the retained records. Such description shall
include the relationship between the records and the tax documents prepared by
the taxpayer and the measures employed to ensure the integrity of the
records.
2. The taxpayer shall be
capable of demonstrating
(i) the functions
being performed as they relate to the flow of data through the
system;
(ii) the internal controls
used to ensure accurate and reliable processing; and
(iii) the internal controls used to prevent
unauthorized addition, alteration, or deletion of retained records.
3. The following specific
documentation is required for machine-sensible records retained pursuant to
this regulation:
(i) record formats or
layouts;
(ii) field definitions
(including the meaning of all codes used to represent information);
(iii) file descriptions (e.g., data set
name); and
(iv) detailed charts of
accounts and account descriptions.
(5) RECORDS MAINTENANCE REQUIREMENTS
(a) The Alabama Department of Revenue
recommends but does not require that taxpayers refer to the National Archives
and Record Administration's (NARA) standards for guidance on the maintenance
and storage of electronic records, such as the labeling of records, the
location and security of the storage environment, the creation of back-up
copies, and the use of periodic testing to confirm the continued integrity of
the records. [The NARA standards may be found at 36 Code of Federal
Regulations, Part 1234, July 1, 1995, edition.]
(b) The taxpayer's computer hardware or
software shall accommodate the extraction and conversion of retained
machine-sensible records.
(6) ACCESS TO MACHINE-SENSIBLE RECORDS
(a) The manner in which the Alabama
Department of Revenue is provided access to machine-sensible records as
required in paragraph (3)(b) of this regulation may be satisfied through a
variety of means that shall take into account a taxpayer's facts and
circumstances through consultation with the taxpayer.
(b) Such access will be provided in one or
more of the following manners:
1. The
taxpayer may arrange to provide the Alabama Department of Revenue with the
hardware, software and personnel resources to access the machine-sensible
records.
2. The taxpayer may
arrange for a third party to provide the hardware, software and personnel
resources necessary to access the machine-sensible records.
3. The taxpayer may convert the
machine-sensible records to a standard record format specified by the Alabama
Department of Revenue, including copies of files, on a magnetic medium that is
agreed to by the Alabama Department of Revenue.
4. The taxpayer and the Alabama Department of
Revenue may agree on other means of providing access to the machine-sensible
records.
(7)
TAXPAYER RESPONSIBILITY AND DISCRETIONARY AUTHORITY
(a) In conjunction with meeting the
requirements of paragraph (4), a taxpayer may create files solely for the use
of the Alabama Department of Revenue. For example, if a data base management
system is used, it is consistent with this regulation for the taxpayer to
create and retain a file that contains the transaction-level detail from the
data base management system and that meets the requirements of paragraph (4).
The taxpayer should document the process that created the separate file to show
the relationship between that file and the original records.
(b) A taxpayer may contract with a third
party to provide custodial or management services of the records. Such a
contract shall not relieve the taxpayer of its responsibilities under this
regulation.
(8)
ALTERNATIVE STORAGE MEDIA
(a) For purposes of
storage and retention, taxpayers may convert hard-copy documents received or
produced in the normal course of business and required to be retained under
this regulation to microfilm, microfiche or other storage-only imaging systems
and may discard the original hard-copy documents, provided the conditions of
this section are met. Documents which may be stored on these media include, but
are not limited to general books of account, journals, voucher registers,
general and subsidiary ledgers, and supporting records of details, such as
sales invoices, purchase invoices, exemption certificates, and credit
memoranda.
(b) Microfilm,
microfiche and other storage-only imaging systems shall meet the following
requirements:
1. Documentation establishing
the procedures for converting the hard-copy documents to microfilm, microfiche
or other storage-only imaging system must be maintained and made available on
request. Such documentation shall, at a minimum, contain a sufficient
description to allow an original document to be followed through the conversion
system as well as internal procedures established for inspection and quality
assurance.
2. Procedures must be
established for the effective identification, processing, storage, and
preservation of the stored documents and for making them available for the
period they are required to be retained under paragraph (10).
3. Upon request by the Alabama Department of
Revenue, a taxpayer must provide facilities and equipment for reading,
locating, and reproducing any documents maintained on microfilm, microfiche or
other storage-only imaging system.
4. When displayed on such equipment or
reproduced on paper, the documents must exhibit a high degree of legibility and
readability. For this purpose, legibility is defined as the quality of a letter
or numeral that enables the observer to identify it positively and quickly to
the exclusion of all other letters or numerals. Readability is defined as the
quality of a group of letters or numerals being recognizable as words or
complete numbers.
5. All data
stored on microfilm, microfiche or other storage-only imaging systems must be
maintained and arranged in a manner that permits the location of any particular
record.
6. There is no substantial
evidence that the microfilm, microfiche or other storage-only imaging system
lacks authenticity or integrity.
(9) EFFECT ON HARD-COPY RECORDKEEPING
REQUIREMENTS
(a) Except as otherwise provided
in this section, the provisions of this regulation do not relieve taxpayers of
the responsibility to retain hard-copy records that are created or received in
the ordinary course of business as required by existing law and regulations.
Hard-copy records may be retained on a recordkeeping medium as provided in
paragraph (8) of this regulation.
(b) If hard-copy records are not produced or
received in the ordinary course of transacting business (e.g., when the
taxpayer uses electronic data interchange technology), such hard-copy records
need not be created.
(c) Hard-copy
records generated at the time of a transaction using a credit or debit card
must be retained unless all the details necessary to determine correct tax
liability relating to the transaction are subsequently received and retained by
the taxpayer in accordance with this regulation. Such details include those
listed in paragraph (4)(b)1.
(d)
Computer printouts that are created for validation, control, or other temporary
purposes need not be retained.
(e)
Nothing in this section shall prevent the Alabama Department of Revenue from
requesting hard-copy printouts in lieu of retained machine-sensible records at
the time of examination.
(10) RECORDS RETENTION -TIME PERIOD
(a) All records required to be retained under
this regulation shall be preserved pursuant to Section
40-2A-7(a)(5),
Code of Ala. 1975 unless the Alabama Department of
Revenue has provided in writing that the records are no longer required.
Author: Mike Mason
Statutory Authority:
Code of Ala.
1975, §
40-2A-7(a)(5).