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Construction Industry Scheme

Good Morning,

I was approached by a company while at one of my usual businesses cutting grass. They asked if I could clear a site of bushes, weeds, and overhanging trees etc. I provided them with a quote and they advised they were happy for me to proceed. The site has now been cleared to their satisfaction. I've now received some emails from their accounts department asking for my UTC, Company Name and Registration Number, and then if I was a member of the Construction Industry Scheme (Which I'm not), so I quickly Googled it. It now appears that they will be making deductions from my Invoice on behalf of HMRC. Has anyone got any experience of this, should I register, or what I should do?

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  • Presumably they accepted the conditions of your quote? Tell them you expect full payment.

    If they needed you to be a member of any schemes they should have told you at the start. 

    That's my tuppence worth anyway. 

  • PRO

    The implication from that is there are trying to employ you or assume you are a sub contractor and as such they are obliged to retain your NI tax etc and pay direct to HMRC.

    Make your status clear to them and then they should pay you direct, in full leaving you to deal with any tax due to HMRC via your SA or Ltd Tax return.

    The scheme came into existence to stop Subbies being paid under the counter....and "saving" main Contractor and themselves addtional tax bill...

     

    https://www.gov.uk/what-is-the-construction-industry-scheme

    Construction Industry Scheme (CIS)
    What the Construction Industry Scheme (CIS) is, work covered by the scheme and find out whether you should register as a contractor or subcontractor
  • I registered for this, just for one customer. It’s dead easy.

    i actually quite like the fact that i’ve now already paid some tax too (sole trader)

  • PRO

    If you employ staff then you can claim back the CIS tax off of your next monthly or quarterly payment to HMRC (or at least you used to be able to!). 

    If not then it will come out in the wash when you pay your Self Assesment / Company tax return at year end

  • PRO

    This is not optional, if you are working for a CIS registered firm they WILL deduct the tax on labour and expenses if they have to, but not on materials. 

    At the end of the tax year the tax deducted will be credited against what you owe or you will get a refund if you have overpaid.

    So you need to have a look at the relevant information and determine if the work you are doing falls under the requirements of the CIS scheme or not.

    https://www.gov.uk/hmrc-internal-manuals/construction-industry-sche...

     

    CISR14200 - Construction Industry Scheme Reform Manual - HMRC internal manual - GOV.UK
    The new Construction Industry Scheme (CIS) post April 2007, showing how payments are taxed from 6 April 2007
  • PRO

    If you are VAT registered there another scheme that should have started in October this year, but it has been postponed until next year  to avoid introducing a new VAT scheme at the same time as all the Brexit changes adding to the increased workload at HMRC and for businesses all at the same time.

    Under the new scheme if you are paid under the CIS tax scheme and VAT registered the main contractor will pay your VAT to HMRC along with your income tax under the new VAT reverse charge scheme.

    https://www.sage.com/en-gb/blog/vat-reverse-charge-construction/

    VAT domestic reverse charge for construction: 22 things you need to know
    What is the VAT reverse charge for construction? How will it work within the construction industry? These and many more questions are answered in our…
  • https://www.accountingweb.co.uk/any-answers/landscape-gardener-usin...

    Landscape Gardener using subcontractors - CIS Scheme?
    A client of mine is a Landscape Gardener who carries out Estate & gardens management. He uses subcontractors for any HARD landscaping work. Per
  • Hi there,

    Yes I've been asked on a few occasions.  I think CIS is more important to them and their accounts than it is yours.  Usually there is a solution to this if you simply explain that you are not CIS registered.  

    • PRO

      Yes there is a solution, they stop you tax at a higher rate than if you are registered.

       Andy Betteridge  

      • Definitely something to keep in mind then and to explore. I didnt realize that.  Thankyou. 

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