Statutory Instruments
2015 No. 429
Income Tax
Corporation Tax
The Income Tax (Construction Industry Scheme) (Amendment) Regulations 2015
Made
2nd March 2015
Laid before the House of Commons
3rd March 2015
Coming into force
6th April 2015
Citation, commencement and effect
1. These Regulations may be cited as the Income Tax (Construction Industry Scheme) (Amendment) Regulations 2015 and come into force on 6th April 2015.
Amendment of the Income Tax (Construction Industry Scheme) Regulations 2005
2. —(1)The Income Tax (Construction Industry Scheme) Regulations 2005( 3 ) are amended as follows.
(2) In regulation 4 (monthly return)( 4 ) omit paragraphs (10) and (11).
(3) At the end of regulation 56(5) (application of sums deducted under section 61)( 5 ) insert—
“ but this paragraph does not apply to a qualifying sub-contractor within paragraph (5A).
(5A) A qualifying sub-contractor is within this paragraph if—
(a) that sub-contractor is subject to a winding-up under Part 4 of the Insolvency Act 1986 ( 6 ) , and
(b) that sub-contractor has—
(i) ceased trading,
(ii) permanently ceased making payments to which section 61 of the Act ( 7 ) applies in its capacity as a contractor, or
(iii) ceased trading and permanently ceased to make any payments within sub-paragraph (b)(ii).
(5B) Where a qualifying sub-contractor is within paragraph (5A), the Commissioners for Her Majesty’s Revenue and Customs may repay any sum deducted under section 61 of the Act to that sub-contractor during the tax year in which the deduction was made. ” .
Jim Harra
Edward Troup
Two of the Commissioners for Her Majesty’s Revenue and Customs
2nd March 2015
The functions of the Board of Inland Revenue, including the power to make Regulations under sections 62 and 70 of the Finance Act 2004 (c. 12) , were transferred to the Commissioners for Her Majesty’s Revenue and Customs under 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. Therefore, the Commissioners for Her Majesty’s Revenue and Customs have the power to make these Regulations.
. S.I. 2005/2045 (the principal Regulations) relevant amending instruments are S.I. 2011/2391 and 2013/620 .
Regulation 4 has been amended by article 3 of S.I. 2011/2391 .
Regulation 56(5) has been amended by regulation 4 of S.I. 2013/620 .
“The Act” is defined in regulation 2 of the principal Regulations as meaning the Finance Act 2004.