CIS explained: deductions, refunds and gross payment status
How the Construction Industry Scheme works for subcontractors and contractors, how to get deducted tax back, and when gross payment status is worth applying for.

The Construction Industry Scheme (CIS) is HMRC’s way of collecting tax from the building trade as work is paid for, rather than waiting for a tax return. If you work in construction you are almost certainly inside it, as a subcontractor, a contractor or both.
If you are a subcontractor
When a contractor pays you, they deduct tax from the labour part of your invoice and pay it to HMRC on your behalf. The rate is 20% if you are registered for CIS and 30% if you are not, which is the first reason to register as soon as you start. Materials you have bought are excluded from the deduction, so show them separately on every invoice.
The deductions are not an extra tax. They are advance payments towards your own bill:
- Sole traders set the deductions against their income tax and National Insurance when the self assessment return is filed. Most subcontractors are due a refund, and HMRC normally pay it within a few weeks of filing. Filing early in the tax year gets the money back sooner.
- Limited companies offset the deductions against the PAYE, National Insurance and CIS they owe each month, through the Employer Payment Summary. Any balance left at the end of the tax year is reclaimed from HMRC.
Keep every deduction statement your contractors give you. Without them, reclaiming is slow and HMRC may ask for evidence.
If you are a contractor
You are a contractor if you pay subcontractors for construction work, including when you are a subcontractor yourself who brings in others. That means:
- Registering as a contractor with HMRC before you first pay a subcontractor.
- Verifying each subcontractor with HMRC to find out whether to deduct 20%, 30% or nothing.
- Filing a CIS return every month by the 19th, even in months when you paid nobody, and giving each subcontractor a statement of the deductions made.
- Paying the deductions to HMRC by the 22nd of the month if paying electronically.
Late monthly returns attract automatic penalties starting at £100, so this is one of the first things we take over for contractor clients.
Gross payment status
Subcontractors who pass HMRC’s tests can be paid gross, with no deductions, and settle their tax through the normal system. To qualify you need construction turnover of at least £30,000 a year (net of materials) as a sole trader, or £30,000 per director or £100,000 in total for a company, and a clean record of filing and paying on time. For a growing business with employees it transforms cash flow. We check eligibility and make the application.
Employee or subcontractor?
CIS only applies to genuinely self-employed subcontractors. If someone works set hours for you alone, uses your tools and cannot send a substitute, HMRC may treat them as an employee, with PAYE and employer’s National Insurance due. Getting this wrong is expensive, so ask us before taking someone on.
If any of this applies to you and you are not sure it is being handled correctly, get in touch. Bring your last few deduction statements and we will tell you where you stand.
This article is a general guide based on the rules as we understand them at the date of publication. It is not advice for your specific circumstances. Please speak to us before acting on anything in it.
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Tell us a little about your business and we will come back to you within one working day with how we can help and what it will cost. Or speak directly to Craig, our senior partner, on 07949 534119.
