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Home / Simons-Taxes /Personal and employment tax /Part E5 Special classes of individual /Division E5.5 Subcontractors in the construction industry /Construction industry scheme—deductions on account of tax / E5.547ZB Construction industry scheme—treatment of sums deducted—restriction on set-off claims
Commentary

E5.547ZB Construction industry scheme—treatment of sums deducted—restriction on set-off claims

Personal and employment tax

As stated at E5.547, in the case of a company, amounts of tax deducted under the construction industry scheme (CIS) are primarily set off against 'relevant liabilities', meaning payments due to HMRC in respect of obligations of a subcontractor in its capacity as an employer or contractor (eg PAYE, employer and employee national insurance contributions, deductions made under the CIS).

HMRC had become aware that this set-off facility was being abused by some employers to reduce their monthly employer liabilities or to create spurious repayment claims. Regulations1 made under powers to be conferred by FA 20212 enable HMRC officers to correct or remove set-off claims made in employer returns where such claims are made on the basis of an error or omission, and also prohibit subcontractors, in some cases, from making further set-off claims for the remainder of the tax year. The regulations have effect in relation to any set-off claim contained in an employer return submitted on or after 6 April 2021 and made in respect of 2021/22 or

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Web page updated on 17 Mar 2025 15:51