Retention periods for customs and excise legislation
Summary dated 1 September 2021 of the essential legal provisions regarding the retention periods of your archives.
| Documents | Minimum retention period | Format | Start date of the retention period | Act |
|---|---|---|---|---|
| Directories (in which all actions related to import, export and transit are registered) and documentary proof of customs representative | 3 years | Paper and other formats allowed (1) | Following the annual closure of the directory | Art. 130 § 2 of the General Act on Customs and Excise of 18 July 1977 |
| All documents and information required for customs control | 3 years (2) | Paper and other formats allowed (1) |
This period commences: in the case of goods released for free circulation duty-free or at a reduced rate of import duty on account of their end-use: as from the end of the year in which they cease to be subject to customs supervision; in the case of goods released for free circulation in other circumstances, or goods declared for export: as from the end of the year in which the customs declarations for release for free circulation or export are accepted; and in the case of goods placed under another customs procedure or in temporary storage: from the end of the year in which the customs procedure concerned has been discharged or temporary storage has ended |
Articles 15 and 51 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code |
| Documents and correspondence required to check the data of the customs declaration | Not explicitly set out (however, see the retention periods in other fiscal and accounts legislation) | Paper and other formats allowed (1) | Art. 201 § 2 of the General Act on Customs and Excise of 18 July 1977 | |
| Invoice books, invoices, copies of letters, ledgers, inventory books, all accounts, registers, documents and correspondence regarding the commercial or professional activity | Not explicitly set out (however, see the retention periods in other fiscal and accounts legislation) | Paper and other formats allowed (1) | Article 203 § 1 of the General Act on Customs and Excise of 18 July 1977 |
Although we have composed this list with much care, Merak N.V. cannot be held responsible for any errors or any changes made to legislation.
(1) Based on the provisions of the community customs code (“by any means accessible by and acceptable to the customs authorities”) and the general Act on customs and excise, it can be deduced that the storage in any other format than paper is allowed for as long as the documents can be submitted in a legible and understandable format (D. BOGAERTS (eds.), “Bewaring van documenten”, APR, Kluwer, Mechelen, 2009, 46)
(2) If a customs authority control in connection with an excise debt shows that the entry concerned must be amended and in case the person concerned has been informed thereof, the documents and the information must be retained beyond the term of 3 years for three more years.
Where an appeal has been lodged or where court proceedings have begun, the documents and information must be kept for the additional period of three years or until the appeals procedure or court proceedings are terminated, whichever is the later (article 51 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code).