The Construction Industry Scheme (CIS) sets out the rules for how payments to subcontractors for construction work must be handled by contractors in the construction industry.
CIS covers construction operations carried out in the UK. The rules of the scheme define the types of work that are classed construction operations. But as a general rule, the scheme includes almost any work that’s done to a permanent building, temporary structure, or civil engineering work or installation (such as roading / bridge building etc).
Some examples of the types of construction work that are covered by the scheme include jobs like:
• site preparation
• general construction – bricklaying, roofing, plastering and so on
• alterations and extensions
• repairs and refurbishment
• decorating
• dismantling work
• demolition
There are two forms of the CIS Scheme, CIS for Contractors, and CIS for Sub Contractors.
CIS for Contractors
Very few of our clients fall into this category. It applies if you run a business that engages subcontractors for construction operations – a ‘mainstream’ contractor.
Under CIS the contractor is required to do the following;
• Register with the HMRC as a contractor
• verifying your subcontractors with HMRC
• paying your subcontractors in the right way – making deductions if necessary
• paying over deductions to HMRC
• giving subcontractors deduction statements
• sending monthly returns to HMRC
• keeping proper records
CIS for Sub-Contractors
Most of our clients who are impacted by CIS will fall under this category. You are a subcontractor if they agree to do construction work for a contractor, and don’t have any sub-contractors working for you.
Under CIS the sub-contractor is required to do the following;
• Register with the HMRC as a sub-contractor;
• Collect a deduction statement from their contractor each month;
How a CIS registered Sub-Contractor gets tax deducted
When a CIS registered sub-contractor is paid, they will receive 80% of their invoiced amount. The main contractor holds onto 20%, and pays it over to the HMRC on behalf of the sub-contractor every month.
Ensure the contractor has deducted the correct amount when paying the sub-contractor. A contractor will deduct 20% from the total gross invoice less;
• any VAT they’ve charged
• materials
• consumable stores
• fuel used – except for travelling
• plant hire
• manufacturing or prefabricating materials
Dealing with Taxation
When a sub-contractor is paid, the contractor deducts 20% and then pays 80% to the sub-contractor. The contractor then pays this tax deduction across to the HMRC every month. The system essentially means the contractor is acting as a tax collector on behalf of the HMRC.
When the sub-contractor works through their own limited company, the total deductions suffered by the sub-contractor are reported in the end of year PAYE return.
You can offset during the tax year all CIS deductions taken from payments made to the company against any PAYE and Class 1 NICs due or CIS deductions the company has made from its own subcontractors.
HMRC will repay any deductions that the company is not able to set off against its PAYE liabilities during the tax year when the company sends in its Employer Annual Return (form P35) at the end of the tax year.
More Information
HMRC guidance titled Construction Industry Scheme – Guide for contractors and subcontractors – CIS340