Who CIS applies to
CIS applies to construction work done in the UK. The definition is broad - it covers most building, civil engineering, and decorating work. It does NOT cover architecture, surveying (in most cases), carpet fitting, plumbing pure-installation work in some narrow contexts, or scaffolding hire without erection.
If you're unsure, the test is: would HMRC consider this 'construction operations' under section 74 of the Finance Act 2004? When in doubt, register.
Step 1: Register for CIS
- If you're a contractor (paying subcontractors): register as a contractor with HMRC. You'll need to start filing monthly CIS returns from the next month onwards.
- If you're a subcontractor (paid by contractors): register as a subcontractor with HMRC. Your registered status drops your deduction rate from 30% to 20%.
- If you're both (a 'mainstream contractor' who also subcontracts on bigger jobs): register for both.
Step 2: How payments and deductions work
- Materials are not subject to CIS deduction - the contractor pays the materials cost in full to the subcontractor.
- Labour is subject to CIS deduction at 20% (registered subcontractor), 30% (unregistered), or 0% (gross payment status holders).
- The contractor must verify the subcontractor's status with HMRC before paying. HMRC returns the correct deduction rate.
- The contractor issues a payment and deduction statement to the subcontractor each pay run.
Step 3: Monthly returns (contractors)
- By the 19th of each month, the contractor files a CIS return covering the previous month's payments to subcontractors.
- The return lists every subcontractor paid, the gross amount, materials cost, labour cost, and deduction.
- The deductions are paid to HMRC by the 22nd of each month (electronic).
- Late filing triggers automatic penalties: £100 (1 day late), £200 (2 months), £300 or 5% of deductions (6 months), more after 12 months.
Step 4: Self Assessment (subcontractors)
- The subcontractor files an annual Self Assessment showing turnover and expenses.
- The CIS deductions paid throughout the year count as advance payments toward the tax bill.
- If deductions exceed final tax, HMRC issues a refund. If less, the subcontractor pays the balance.
- For sole trader subcontractors, refunds are common because expenses, personal allowance, and Class 4 NIC structure usually result in less actual tax than 20% of turnover.
Frequently asked questions
How do I get gross payment status?+
Apply via HMRC if you meet three tests: turnover (£30K+ for sole traders, £200K+ for partnerships and companies), compliance (filing returns and paying on time), and business (running a genuine construction business). HMRC reviews your eligibility every year.
What happens if I miss a monthly return?+
£100 automatic penalty on the day it's overdue. £200 if 2 months late. £300 or 5% of CIS deductions (whichever is higher) at 6 months. £300 or 5% again at 12 months. Penalties stack.
Can I claim materials separately?+
Yes - materials aren't subject to CIS deduction. The contractor reimburses materials cost in full to the subcontractor. Both parties should keep clear records of the materials breakdown.
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