The Construction Industry Scheme: adding contractor status to your PAYE operation
A CIS contractor has to deduct tax from what it pays its subcontractors. Photo: JSB Co. for Unsplash+
WHAT IS A CONSTRUCTION INDUSTRY SCHEME (CIS) CONTRACTOR?
The CSI is the way HMRC ensures that labourers on construction sites pay their fair due of tax
If you are paying non-employees for labour on a construction operation, this normally makes you a contractor, and the scheme requires you to register as a CIS contractor and then report these payments under the CIS scheme
HOW TO REGISTER AS A CONTRACTOR COMPANY
First the company must register as a PAYE employer. The company may already be registered in this way if it already operates a payroll
If the company is already registered as an employer, then you need to contact the HMRC CIS helpline by calling HMRC on 0300 200 3210 (You need to have ready your PAYE reference number and your business Unique Taxpayer Reference [UTR])
When on the phone, you tell HMRC that you already have a PAYE scheme, and you now need to register as a contractor under the CIS
HMRC will then update your registration, and you will use your existing Government Gateway account to manage CIS online
PAYING SUBCONTRACTORS AS A CONTRACTOR
A contractor must check with HMRC whether each subcontractor working for them is registered with CIS
If a subcontractor is not registered, the contractor must keep back 30% of what they pay the subcontractor in labour costs before VAT, and pass it to HMRC
If a subcontractor is registered, the contractor must keep back 20% of what they pay the subcontractor in labour costs before VAT, and pass it to HMRC
If a subcontractor is registered with ‘gross payment’ status, then the contractor may pay the subcontractor without deduction
PAYING HMRC AS A CONTRACTOR
The amounts a contractor has deducted from subcontractor payments should be paid direct to HMRC every month along with other payroll taxes
RECORDS TO KEEP AS A CONTRACTOR
Each subcontractor’s business name, address, and Unique Taxpayer Reference (UTR)
The date subcontractor’s status was verified with HMRC, and the unique verification number received
Copies of all subcontractor invoices
Date and gross amount (excluding VAT) of each payment invoiced by the subcontractor, split into non-labour and labour, and showing any deductions made at 30%, 20% or 0%
Copies of all CIS returns
Copies of monthly payment and deduction statements provided to subcontractors
YOUR SUBCONTRACTOR DUTIES CONTINUE AS USUAL
Being a contractor does not change anything regarding how you are paid by any contractors you do work for
Your contractor will continue to deduct any tax necessary when they make payment for the sales invoices you send them
You will continue to report this to HMRC each month, and it will continue to reduce the PAYE payments you make to HMRC
SUMMARY
If your company is already an employer, then you register as a CIS contractor by phoning HMRC
You must collect each subcontractor’s business name, address and UTR
You must then check whether each subcontractor is registered for CIS, and deduct from their pay 30%, 20% or 0% as appropriate
Every month you must then complete a CIS return and pay these deductions to HMRC along with your payroll payments
Every month you must also provide each subcontractor with a payment and deduction statement