There are companies (Limited) that do not hold the gross payment certificate within the Construction Industry Scheme (CIS) who have CIS deductions of tax from their own income.
These deductions can be set off against their own PAYE/NI liabilities as an employer and due to be paid to HMRC each month. The PAYE/NIC liabilities would also include CIS tax that they deduct from payments to their own subcontractors.
If the company’s own deductions cannot be set off against PAYE/NIC liabilities or there is an excess being carried forward then the amount will need to be reclaimed at the end of the tax year.
For 2012/13 the claim should be made as soon as the Employer’s year end return form P35 has been submitted or for RTI Pilot employer’s the submission of the final Employer Payment Summary (EPS -see below for RTI effects on CIS) and the P11d(b) if you pay benefits to employees. A separate claim must be made for repayment as the P35 or EPS alone are not a claim for repayment. The claim can be made to the following address.
PAYE Employer Office
Room BP4009
Benton Park View
Newcastle Upon Tyne
NE98 1ZZ
It is possible for the repayment to be set off against other tax liabilities such as corporation tax but the company would need to make a separate request to HMRC. The CIS deductions cannot be claimed on the company’s Corporation Tax Return (CT 600). Please refer to CIS repayment claims for full details on repayment claims to HMRC.
With the introduction of PAYE Real Time Information (RTI) on the 6 April 2013 there are changes that CIS employers need to be aware of specifically relating to CIS deductions from their income.
The regulations concerning monthly contractor returns (CIS 300) will remain unchanged.
After 6 April 2013 where a limited company employer has CIS deductions taken from their own income then the company will need to make an Employer Payment Submission (EPS) showing these deductions taken from the tax year to date in order to subtract (or set off) from the amount of PAYE/NIC/CIS charge due to be paid to HMRC for the month.
Where the company own CIS deductions exceed their monthly PAYE/CIS liabilities then the excess will be carried forward to the next month and if they continue to exceed the monthly PAYE/CIS liabilities the excess will be carried forward until the end of the tax year.
As mentioned above the company will not be able to claim a repayment until the final EPS has been submitted for the tax year (due by 19 April each year where payments to employees are made in the period 6 March to 5 April). The company tax year for CIS deductions would need to have ended and the company will need to have paid all amounts due to HMRC for the tax year in their capacity as employer/contractor.
The full details of changes for RTIand CIS scheme can be found at HMRC website RTI main changes and effects on the Construction Industry Scheme
Please contact us if you require any further advice or assistance on these matters