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Statutory Instruments

2007 No. 672

income tax

The Income Tax (Construction Industry Scheme) (Amendment) Regulations 2007

Made

5th March 2007

Laid before the House of Commons

5th March 2007

Coming into force

26th March 2007

The Commissioners for Her Majesty’s Revenue and Customs( 1 ) make the following Regulations in exercise of the powers conferred upon them by sections 60(7), 70 and 71 of the Finance Act 2004( 2 ).

Citation and commencement

1. These Regulations may be cited as the Income Tax (Construction Industry Scheme) (Amendment) Regulations 2007 and shall come into force on 26th March 2007.

Amendment to the Income Tax (Construction Industry Scheme) Regulations 2005

2. Amend the Income Tax (Construction Industry Scheme) Regulations 2005( 3 ) as follows.

3. —(1) Amend regulation 10 (return and certificate if amount may be unpaid) as follows.

(2) In paragraph (1) for “A or B” substitute “A, B or C”.

(3) After paragraph (3) insert—

(3A) Condition C is that—

(a) the contractor has made a return under regulation 4 showing the amount which the contractor is liable to pay under regulation 7 for that tax period, but

(b) the contractor has not paid the full amount shown in the return. .

(4) In paragraph (4) at the beginning insert “If condition A or B is met”.

(5) In paragraph (5) for “If the notice extends to two” substitute—

If—

(a) the notice extends to, or

(b) condition C is met in,

two .

(6) In paragraph (6) after “(4)” insert “or if condition C is met”.

4. In regulation 19 (work carried out on land owned by the person to whom payment is made), in paragraph (2)(a) after “Act” insert “applies”.

5. —(1) Amend regulation 20 (reverse premiums) as follows.

(2) In paragraph (1) at the end insert “or section 99 of the Income Tax (Trading and Other Income) Act 2005( 4 ) (reverse premiums)”.

(3) In paragraph (2) for “does” substitute “and section 100(1) of the Income Tax (Trading and Other Income) Act 2005 (excluded cases) do”.

6. In regulation 22 (payments in respect of property used for business), in paragraph (2)(a) after “let” insert “(except where the sale or letting of that property is purely incidental to the business of that person)”.

Paul Gray

Mike Hanson

Two of the Lords Commissioners of Her Majesty’s Revenue and Customs

5th March 2007

( 1 )

The functions of the Commissioners of Inland Revenue were transferred to the Commissioners for Her Majesty’s Revenue and Customs by section 5(2) of the Commissioners for Revenue and Customs Act 2005 (c. 11) . Section 50(1) of that Act provides that a reference to the Commissioners of Inland Revenue shall be taken as a reference to the Commissioners for Her Majesty’s Revenue and Customs.

( 2 )

2004 c. 12 .

( 4 )

2005 c. 5 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Income Tax (Construction Industry Scheme) (Amendment) Regulations 2007 (2007/672)

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