All payments between contractor and subcontractor under a constructions contract which are not related to employment contract are subject to the CIS.
Contractors and Subcontractors
Contractors are businesses that pay subcontractors for construction work. This also included businesses that are not construction related but spend an average of more than £1 million a year on a construction in 3 year period.
Contractors may be a sole traders, partnerships and limited companies.
Subcontractor is a person involved in construction contract as being responsible to provide operations, staff or other subcontractors and receive payments for it.
Subcontractors may be self-employed, owning a limited company or being a partner in a partnership or trust. You don’t need to register for CIS if you are employee.
Contractor deducts 20% from the subcontractor’s payment and passes it to HMRC as advance payments towards tax and National Insurance bill.
In contrast to contractors – subcontractors don’t have to register for the scheme. However, in this case deductions would be at higher rate – 30% .
However, if you don’t wish to the payments being deducted by the contractor you can apply for the gross payment status. You will have to then pay your tax and national insurance at the end of the tax year.
If your work is related to both being contractor and subcontractor – you need to register for both.
You still need to register if your business is outside the UK but you do constructions work in the UK.
CIS related work
HMRC provides specification guide of work that falls under CIS scheme:
* a permanent or temporary building or structure
* civil engineering work like roads and bridges
* preparing the site, e.g., laying foundations and providing access works
* demolition and dismantling
* building work
* alterations, repairs and decorating
* installing systems for heating, lighting, power, water and ventilation
* cleaning the inside of buildings after construction work
Exceptions from CIS include:
* architecture and surveying
* scaffolding hire (with no labour)
* carpet fitting
* making materials used in construction including plant and machinery
* delivering materials
* work on construction sites that’s clearly not construction, e.g. running a canteen or site facilities
If your business falls under the CIS scheme, here are some steps to follow:
* CIS registration must be made before you take on your first subcontractor
* You must check if a person can be employed instead of subcontracting work
* To deduct right amount of tax, you must check with HMRC if your subcontractors are registered with CIS
* There is a requirement of filing monthly returns and keeping full CIS records
How can we help?
During the past 7 years in accountancy field, we have gained relevant experience and skills required to handle all matters related to CIS. We have many clients in construction industry – both contractors and subcontractors.
CIS regulations may be burdensome and confusing – that is why we can help to advise if you need to register, with registration itself, keeping records and filling monthly reports to avoid penalties.
So that you can focus on the most important aspects of your business.