Harris Lipman are Professional Chartered Accountants & Insolvency Practitioners in London

Tax & Accounting News

New Construction Industry Scheme information

11/08/2005

HM Revenue & Customs have published detailed guidance on the new Construction Industry Scheme rules. These were originally due to take effect on 6 April 2006, but have been deferred until 6 April 2007.

The main changes will be:-


  • There will no longer be any need for CIS cards, certificates or vouchers.
  • Contractors must check or 'verify' new subcontractors with HM Revenue & Customs.
  • Subcontractors will still be paid either net or gross, depending on their own circumstances, but it will be HM Revenue and Customs who tell the contractor which treatment to use during verification, not a piece of plastic.
  • There will also be a higher rate tax deduction if a subcontractor cannot be 'matched' to the HMRC system. This rate will apply until the subcontractor contacts HMRC and registers or sorts out any matching problem.
  • There will no longer be CIS annual returns.
  • Contractors must make a return every month to HM Revenue and Customs, showing payments made to all subcontractors. This will be sent to them in good time, and pre-populated from existing records. Contractors must declare on their return that none of the workers listed on the return are employees. This is called a Status declaration.
  • Nil returns must be made when there are no payments in any month. These can be made over the telephone as well as via the internet or on paper, but they must be made - there will be financial penalties for failure to submit a return.
  • The vast majority of subcontractors registered under the existing CIS rules will be transferred over to the new system and will not have to re-register.
  • New subcontractors, and those that formerly held only temporary registration cards that expired before new CIS starts, will be required to register with HM Revenue and Customs.
A significant aspect of the new rules is that HMRC are trying to have much more control over who is categorised as self-employed, and over whether payments to subcontractors should be made net or gross. If you read the HMRC factsheet entitled 'Are your workers self-employed or employed?' which forms part of the above guidance, please note that this presents matters from their point of view, and the criteria are not presented in the order of importance given by actual case law.

Forewarned is forearmed - please read the new rules and contact us if you have any queries or require assistance.

 

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