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What Businesses Need to Know About Federal and State Record Retention Laws?

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State Record Retention Laws

Companies generate documentation every day, which includes tax returns, agreements, invoices, staff files, e-mails, and similar information. The question of determining the duration of these records is not just a matter of saving storage space. 

Failure to adhere to the state record retention laws and federal regulations may expose a firm to fines, lawsuits and the risks of non-compliance.

This guide details the interaction of federal and state retention requirements, types of documents that the business should maintain, those that need to be shredded, and the manner in which a business can construct a retention policy that is compliant.

Federal Record Retention Laws: The Baseline

The federal law specifies minimum retention standards of most records. Examples include:

  1. IRS (Internal Revenue Service): Generally the time of the tax records should be 3-7 years in business based on the kind of filing. As an illustration, retention of keep returns and other supporting documents not less than 3 years following the filing or 7 years in bad debts or worthless securities.
  1. Laws on employment: Government agencies such as the EEOC and the Department of Labor demand that employers maintain records of personnel and their payroll. 

As an example, payroll records should be retained for at least 3 years and hiring records including job applications at least 1 year. In case of employee termination, some records have to be maintained.

  1. Federal grants and contracts: Recipients of federal funds need to keep financial and performance records within 3 years after the last report is submitted.

These regulations are the foundations. In case your state laws require a longer retention, you have to adhere to the more strict requirement.

Why State Record Retention Laws Matter?

The federal laws are standard, and state record retention laws vary greatly. Every state establishes its guidelines of employment, tax, payroll, health, and contract records. The extensions of the retention period under these laws can be longer than that of the federal requirements.

For example:

  1. In certain states, employers are obliged to retain payroll books of 6 (rather than federal) years.
  1. Some states require extended retention of employment applications, files of benefits, or file of workers compensation.
  1. States also specify the acceptable modes of destruction with most of them necessitating secure shredding or certified destruction of the sensitive records.

Disregarding are subject to fines or expose a company to litigation in case of lost records.

Examples of Typical Retention Periods

The following are the typical federal and state retention requirements:

Document TypeRetention RequirementNotes
Tax returns & supporting records3–7 years (IRS), longer if required by stateKeep longer if fraud or unfiled returns are possible.
Payroll and wage records3 years (federal), 3–6 years (many states)States often require longer retention for wage/hour claims.
I-9 Employment Eligibility Form3 years after hire or 1 year after termination (whichever is later)Applies nationwide; states may extend requirements.
Personnel files (applications, resumes)1–2 years (federal), up to 4–7 years in some statesLonger if litigation or claims are possible.
Contracts, leases, legal agreementsDuration of agreement + state statute of limitationsMany states recommend 6+ years after expiration.
Corporate and governance recordsPermanentIncludes articles of incorporation, board minutes.
Financial statements, ledgers7 years (common), some states require longerNeeded for audits and compliance.

The reason why these are different is that, at all times, businesses must verify the state record retention laws in their respective jurisdictions.

Documents You Must Keep vs. Those You Should Shred

Not all the documents are to be retained forever. Retention of unneeded files raises the expenses and security threats.

Retention (until end of retention period):

  1. Tax Returns and supporting documentation.
  2. Payroll and employee files (according to the federal and state law)
  3. Corporate governance reports.
  4. Contracts, leases, and legal contracts.
  5. Litigation, audit or pending claim records.

What to Shred? (when period of retention is over):

  1. Invoices, receipts and statements of old.
  2. Obsolete employee records not strictly necessary.
  3. Outdated policies, brochures and business correspondence.
  4. Worthless duplicate records.

Never destroy records, however, when there is a lawsuit or audit on the way. Adhere to federal and state destruction policies always and in most cases they enforce the use of secure shredding services to dispose of sensitive information.

Key Differences in State Record Retention Laws

The significant differences between state requirements are:

  1. Statutes of Limitations: Every state stipulates the number of years in which one can sue (e.g., breach of contract, wage claims). At least businesses have to maintain records that long.
  1. State Tax Laws: The federal minimums are usually exceeded by the state requirements to retain payroll and business tax documentations.
  1. Industry Regulations: States have certain rules of retention of healthcare providers, financial entities and schools.
  1. Digital Records Rules: There are states that define the acceptability and the conditions of digital copies.
  1. Destruction Standards: Most states require secure means of destruction like shredding, certified destruction of records that are not in use.

Building a Compliant Record Retention Policy

Businesses should consider creating a written policy on retention in order to remain in compliance with state record retention laws and federal specifications. Steps include:

  1. Inventory documents: Determine all records generated by your company.
  1. Research federal and state requirements: Use the greater of the two where the periods of retention are different.
  1. Develop retention schedules: Set a distinct time schedule of each type of document.
  1. Processes of set destruction: Determine the process of shredding or secure deletion of digital evidence.
  1. Introduce legal holds: Documents must be maintained when auditing or litigating.
  1. Assign responsibility: allocate individuals or departments to implement the policy.
  1. Check up once every year: legislation evolves, therefore revise policies.

Risks of Ignoring State Record Retention Laws

Lack of an adherence to proper state record retention laws may lead to:

  1. Regulations fines on the lack of records.
  2. Lax legal defense in case of too early document shredding or destruction.
  3. Risk of data breach in case old records are kept in a non-secure manner.
  4. Post-non compliance reputation damage.

Businesses are able to defend themselves and work more effectively by adhering to the federal as well as state requirements.

Final Takeaway

It is not optional to understand and adhere to state record retention laws. The federal regulations are somewhat of a minimum, with state regulations usually adding or restricting the retention requirements. 

Retained records of businesses must be maintained as long as they are required, and the documents shredded when they are expired, and a written retention policy must be in place. This will protect compliance, mitigate risk, and facilitate effortless audits or lawsuits.

Professional assistance on secure shredding and compliance is available at https://www.shredinstead.com/.

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Federal Record Retention Laws,State Record Retention
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