The Income Tax (Construction Industry Scheme) (Amendment) Regulations 2015

• Citation: S.I. 2015/429
• Sections: 2

Section 1 Citation, commencement and effect

These Regulations may be cited as the Income Tax (Construction Industry Scheme) (Amendment) Regulations 2015 and come into force on 6th April 2015.

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

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

(2) In regulation 4 (monthly return) omit paragraphs (10) and (11).

(3) At the end of regulation 56(5) (application of sums deducted under section 61) 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 , and

(b) that sub-contractor has—

(i) ceased trading,

(ii) permanently ceased making payments to which section 61 of the Act 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.