The Income Tax (Construction Industry Scheme) (Amendment) Regulations 2010

• Citation: S.I. 2010/717
• Sections: 6

Section 1 Citation and commencement

(1) These Regulations may be cited as the Income Tax (Construction Industry Scheme) (Amendment) Regulations 2010 and shall come into force on 6th April 2010.

(2) Regulation 5(b) shall apply only in relation to the tax year 2011-12 and subsequent tax years.

(3) The remaining provisions of these Regulations shall apply only in relation to the tax year 2010-11 and subsequent tax years.

Section 2 Amendment of the Income Tax (Construction Industry Scheme) Regulations 2005

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

Section 3 Determination of amounts payable by contractor and appeal against determination

In regulation 13(5) (determination of amounts payable by contractor and appeal against determination) after “5” insert “, 5A”.

Section 4 Electronic communications

In regulation 38 (interpretation), in the definition of “specified payment”, omit “made in the tax year to which the e-payment notice issued under regulation 199 of the PAYE Regulations relates (large employers required to make specified payments electronically)”.

Section 5 Mandatory electronic payment

In regulation 45 (mandatory electronic payment)—

(a) for paragraph (1) substitute—

(1) A contractor who is a large employer within the meaning of regulation 191 (large and medium sized employers) of the PAYE Regulations must pay the specified payment using an approved method of electronic communications.

(b) in the paragraph (1) inserted by paragraph (a) of this regulation, for the words “191 (large and medium sized employers)” substitute “198A (large employers)”; and

(c) after paragraph (3) insert—

(4) A specified payment is not treated as received in full by Her Majesty’s Revenue and Customs on or before the date by which that specified payment is required in accordance with regulation 7 unless it is made in a manner which secures (in a case where the specified payment is made otherwise than in cash) that, on or before that date, all transactions can be completed which need to be completed before the whole amount of the specified payment becomes available to the Commissioners for Her Majesty’s Revenue and Customs.

Section 6 Revocations

Regulations 46 (contractor in default if specified payment not received by applicable due date) and 47 (default notice and appeal) are omitted.