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Statutory Instruments

2013 No. 620

Income Tax

Corporation Tax

The Income Tax (Construction Industry Scheme) (Amendment) Regulations 2013

Made

14th March 2013

Laid before the House of Commons

15th March 2013

Coming into force

6th April 2013

The Commissioners for Her Majesty’s Revenue and Customs make the following Regulations in exercise of the powers conferred by sections 62(3), (6) and (7) and 75 of, and paragraphs 4(3), 8(2) and 12(2) of Schedule 11 to, the Finance Act 2004( 1 ) and now exercisable by them( 2 ):

Citation, commencement and application

1. —(1) These Regulations may be cited as the Income Tax (Construction Industry Scheme) (Amendment) Regulations 2013 and come into force on 6th April 2013.

(2) The amendments made by these Regulations apply in relation to the tax year 2013-14 and subsequent tax years.

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

2.The Income Tax (Construction Industry Scheme) Regulations 2005( 3 ) are amended as follows.

Gross payment: exceptions from compliance obligations

3. In Table 3 in regulation 32(2) (exceptions from compliance obligations), in the entry in column 1 relating to the obligation to submit a return under regulations 67B, 67D, 73, 74 and 85 of the PAYE Regulations( 4 )—

(a) omit “67B or 67D (real time returns) and 73, 74 and”, and

(b) for “annual returns” substitute “(annual return of other earnings)”.

Application by the Commissioners for Her Majesty’s Revenue and Customs of sums deducted under section 61 of the Finance Act 2004

4. For regulation 56(5)(b) (application by the Commissioners for Her Majesty’s Revenue and Customs of sums deducted under section 61 of the Finance Act 2004) substitute—

(b) the qualifying sub-contractor has paid to the Commissioners for Her Majesty’s Revenue and Customs—

(i) any amounts the qualifying sub-contractor deducted from contract payments in their capacity as a contractor during that tax year, and

(ii) any amounts due under the PAYE Regulations in respect of that tax year. .

Jim Harra

Jennie Granger

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

14th March 2013

( 1 )

2004 c. 12 .

( 2 )

The functions of the Commissioners of Inland Revenue under the provisions of the Finance Act 2004 cited were transferred to the Commissioners for Her Majesty’s Revenue and Customs by section 5(1) of the Commissioners for Revenue and Customs Act 2005 (c. 11) . Section 50(1) of that Act provides that, in so far as is appropriate in consequence of section 5, a reference, howsoever expressed, to the Commissioners of Inland Revenue is to be taken as a reference to the Commissioners for Her Majesty’s Revenue and Customs.

( 3 )

S.I. 2005/2045 , amended by S.I. 2012/820 .; there are other amending instruments but none is relevant.

( 4 )

“PAYE Regulations” is defined in regulation 2 of the Income Tax (Construction Industry Scheme) Regulations 2005 as the Income Tax (Pay As You Earn) Regulations 2003.

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 2013 (2013/620)

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