UK Statutory Instrument SI 2005 United Kingdom

Income Tax (Construction Industry Scheme) Regulations 2005 (SI 2005/2045)

These Regulations make provisions in relation to the construction industry scheme established by Chapter 3 of the Finance Act 2004 (c. 12) (“the Act”).

Enforced by
HMRC
Status
Amended (in force with amendments)
Penalty ceiling
Prosecution 1 of 23 obligations carry a fine up to £300. 22 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Contractor11 Applicant6 Trader2 Any Person1

Plus 3 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Contractor — also bound by 173 other Acts
Applicant — also bound by 307 other Acts
Trader — also bound by 825 other Acts
Any Person — also bound by 2340 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

INTRODUCTION

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
Part 2

CONTRACTORS

4 of 4 sections shown
s.003 Multiple contractors (opens in a new tab) Regulated
  • If you elect to be treated as multiple contractors, allocate new sub-contractors and notify HMRCContractor
s.004 Monthly return (opens in a new tab) Regulated
  • Submit monthly CIS returns to HMRC within 14 daysContractor
s.005 Scheme representative (opens in a new tab) Regulated
  • Optionally appoint a group company as your CIS representativeTrader
s.006 Verification etc of registration status of sub-contractor and nominee (opens in a new tab) Regulated
  • Verify subcontractor registration status with HMRC before payingContractor
Part 3

PAYMENT AND RECOVERY OF AMOUNTS DEDUCTED UNDER SECTION 61

5 of 11 sections shown
s.007 Payment, due date for payment of amounts deducted and receipts (opens in a new tab) Regulated
  • Pay deducted tax to HMRC on timeContractor
s.010 Return and certificate if amount may be unpaid (opens in a new tab) Prosecution
  • Submit a CIS tax return if requested by HMRCContractor

Fine up to £300

s.012 Certificate after inspection of records of contractors and sub-contractors (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC may issue a debt certificate following a CIS records inspectionStatutory regulator
s.013 Determination of amounts payable by contractor and appeal against determination (opens in a new tab) Regulated
  • Continue making CIS deductions during payment disputesContractor
s.017 In-year repayments of provisional excess credit (opens in a new tab) Regulated
  • Apply for an in-year CIS tax repayment if you have overpaidContractor
6 other sections in this Part — procedural and definitional
Part 4

PAYMENTS EXCEPTED FROM SECTION 60

0 of 7 sections shown
Part 5

REGISTRATION OF SUB-CONTRACTORS

1 of 2 sections shown
1 other section in this Part — procedural and definitional
Part 6

CONDITIONS TO BE SATISFIED FOR GROSS PAYMENT

5 of 11 sections shown
s.027 Evidence prescribed to satisfy the business test (opens in a new tab) Regulated
  • Provide evidence to support your CIS gross payment status applicationApplicant
s.033 Absence abroad – evidence of living outside the United Kingdom (opens in a new tab) Regulated
  • Provide evidence of living abroad for CIS gross payment statusApplicant
s.034 Absence abroad – evidence of compliance with tax obligations (opens in a new tab) Regulated
  • Provide evidence of overseas tax compliance for CIS registrationApplicant
s.035 Evidence of unemployment (opens in a new tab) Regulated
  • Provide evidence of unemployment for CIS gross payment statusApplicant
s.036 Evidence of full-time education (opens in a new tab) Regulated
  • Provide evidence of full-time education for CIS registrationApplicant
6 other sections in this Part — procedural and definitional
Part 7

ELECTRONIC COMMUNICATIONS

3 of 12 sections shown
Part 8

SUPPLEMENTARY PROVISIONS

5 of 11 sections shown
s.051 Inspection of records of contractors and sub-contractors (opens in a new tab) Regulated
  • Keep and produce CIS records for HMRC inspectionContractor
s.052 Inspection of records of sub-contractors – additional provisions (opens in a new tab) Regulated
  • Maintain and produce records of CIS deductions and set-offsContractor
s.053 Information as to change of control of close company (opens in a new tab) Regulated
  • Notify HMRC of changes in company controlTrader
s.054 Death of contractor (opens in a new tab) Regulated
  • Personal representatives must fulfill CIS duties after a contractor's deathAny Person
s.056 Application by the Commissioners for Her Majesty’s Revenue and Customs of sums deducted under section 61 (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC must offset CIS deductions against your company's other tax liabilitiesStatutory regulator
6 other sections in this Part — procedural and definitional
Schedules

Schedules

0 of 13 shown
13 other schedules
s.sch001 Paragraph 9 is without prejudice to the generality of paragraphs...
s.sch001 Paragraphs 1 to 10 have effect instead of paragraph (b)...
s.sch001 General saving for old savings
s.sch001 Interpretation
s.sch001 Anything which— (a) has been done, or has effect as...
s.sch001 Any reference (express or implied) in these Regulations or any...
s.sch001 Any reference (express or implied) in these Regulations to—
s.sch001 Any reference (express or implied) in these Regulations to contractors,...
s.sch001 Paragraphs 4, 5 and 6 apply only in so far...
s.sch001 Paragraph 6 is without prejudice to the generality of paragraph...
s.sch001 These Regulations have effect in relation to sums liable, under...

Help complying

Guvnor’s practical routes through this instrument.

Complete your CIS monthly compliance

A practical week-by-week workflow for CIS contractors. Know exactly what to do on each day of the tax month cycle, from verifying …

Protect your business from CIS supply chain fraud

Since 6 April 2026, contractors face severe penalties if they 'knew or should have known' about fraud in their supply chain. This …

Growing your business

Scale your business - funding, hiring, and expansion strategies

Fix CIS payment errors

Something gone wrong with CIS? This troubleshooting guide helps contractors and subcontractors identify and fix common Construction Industry Scheme errors, from wrong …

CIS compliance quick check

Monthly CIS compliance essentials for experienced contractors. Three key actions: verify subcontractors, calculate deductions, submit your return by the 19th.

Keep and maintain your gross payment status

Everything you need to know to keep your CIS gross payment status once granted. Learn when HMRC reviews your GPS, what triggers …

Am I a 'deemed contractor' under CIS?

Determine whether your business is a 'deemed contractor' under the Construction Industry Scheme. If you are not primarily in construction but spend …

Appealing a CIS penalty - what counts as a reasonable excuse

How to appeal Construction Industry Scheme late filing or late payment penalties. Includes examples of reasonable excuses HMRC accepts and rejects, the …

Apply for CIS gross payment status

How subcontractors can apply for gross payment status to receive the full value of construction payments without deductions. Covers eligibility requirements, the …

CIS for small builders - what you actually need to know

A 5-minute guide to the Construction Industry Scheme for small builders with 1 to 10 subcontractors. Covers the 5 essential steps to …

CIS nil returns - when you must file and when you don't

When you must submit a CIS nil return and when you can avoid monthly filing. Covers the rules in force since 6 …

Calculate CIS deductions

How contractors calculate and make CIS deductions from subcontractor payments. This guide covers which deduction rate to apply, how to treat materials …

Claim a refund for CIS deductions

How CIS subcontractors can offset or claim back the tax deductions taken from their construction payments. Includes different processes for sole traders, …

Common CIS mistakes and how to avoid them

The most common Construction Industry Scheme compliance mistakes contractors make, with practical prevention tips for each. Covers materials treatment errors, verification lapses, …

17 more guides that reference this instrument

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.