Tax

CIS subcontractors: five things worth checking before you file

Most CIS subcontractors are owed money back. Whether you get it depends on statements, materials and getting the return in on time.

If you work as a subcontractor in construction, 20% of your labour comes off before it reaches you. Most subcontractors get some of it back, and how much depends on things that are decided months before the return is filed: whether you're registered, whether your statements are complete, and whether materials were treated properly. Here's what to check.

Are you registered, and does it matter?

It matters by ten percentage points. A registered subcontractor has 20% deducted from their payments. An unregistered one has 30%.

Registering doesn't change the tax you eventually pay, but the extra 10% sits with HMRC until your return is filed and processed, which for a subcontractor invoicing steadily is real money out of your cash flow for most of a year. If you're not registered, that's the quickest win on this list.

What should be on your monthly statements?

Your contractor must give you a payment and deduction statement each month, within 14 days of the end of the tax month, showing what they paid you and what they took off. Tax months run from the 6th to the 5th, so a statement for the month ending 5 October is due by 19 October.

Those statements are your evidence. Without them, proving what was deducted comes down to bank entries and invoices, which is a slower and weaker argument.

If a contractor won't produce one, you can write to HMRC with your name, address and Unique Taxpayer Reference, the contractor's details, the payment dates involved and why you haven't got the statements. HMRC can credit deductions that were made but never handed over, which is worth knowing if a contractor has gone under.

Is your contractor deducting on the right amount?

Deductions come off your labour, not off everything on the invoice. The contractor should leave out:

  • VAT
  • Materials you paid for yourself
  • Plant hired for the job
  • Consumable stores, meaning equipment that's now unusable
  • Manufacturing or prefabricating materials

This is the error we see most often, and it always goes the same way: materials get lumped in with labour and 20% is taken off the lot. It's your money, and the way to stop it is to split labour and materials clearly on the invoice every time.

Labour Materials Your invoice Contractor The rest 20% of labour You HMRC Refund, via your tax return
The deduction only ever comes off labour, and it comes back through your return.

How do you actually get the money back?

If you're a sole trader or in a partnership, through your Self Assessment return. You enter your total income before deductions, and the CIS deductions separately. HMRC work out the tax due and set the deductions against it, and anything over comes back to you. Any balance still owing is due by 31 January after the end of the tax year.

If you work through a limited company, it's different and it catches people out. You claim through payroll, by putting the year-to-date CIS deductions on an Employer Payment Summary alongside your normal Full Payment Submission, and HMRC set them against your PAYE bill. Don't try to use them against your Corporation Tax bill, because that leads to penalties.

Is gross payment status worth applying for?

If your cash flow is tight, often yes. Gross payment status means contractors pay you in full with nothing deducted, and you settle up through your return as normal.

To qualify, HMRC look at three things: that you've paid your own tax and National Insurance on time, that the business does construction work in the UK, and that it runs through a bank account. There's also a turnover test on the last 12 months, ignoring VAT and materials: £30,000 for a sole trader, £30,000 per partner or £100,000 for the partnership, and £30,000 per director or £100,000 for the company.

The trade-off is that nothing is set aside for you through the year. It suits a business with the discipline to put the tax by, and it punishes one that doesn't.

Does Making Tax Digital change anything?

For the reporting, yes. If your income from self-employment and property, before expenses, was over £50,000 in the 2024 to 2025 tax year, you're in Making Tax Digital for Income Tax from 6 April 2026: digital records, compatible software and quarterly updates through the year, with the tax return still due by 31 January. The threshold drops to £30,000 from April 2027 and £20,000 from April 2028.

CIS itself doesn't change. The deductions still come off, and you still claim them back the same way.

In short

What this means for you

  • Register if you haven't. 20% beats 30% every week.
  • Chase missing statements now, not in January, and keep them somewhere they won't get lost.
  • Split labour and materials on every invoice, and check the deduction has been taken off labour only.
  • If you're a limited company, claim through the Employer Payment Summary, never against Corporation Tax.
  • Check whether your income puts you into Making Tax Digital, and remember it's measured before expenses.
Common questions

Things people ask

Can't see yours? and we'll happily talk it through.

I'm CIS registered but I also do private work. Does that go on the same return?

Yes. Your return covers everything: CIS work, private jobs, and any other self-employed income.

Can I claim my tools and my van?

As business expenses, yes, in the normal way. They don't affect what the contractor deducts, they affect the profit those deductions get set against.

How long does a CIS refund take?

It depends on HMRC's checks and on whether your figures match what contractors have reported. Filing early in the tax year and having complete statements is the fastest route.

Am I employed or self-employed?

It depends on how you actually work, not on what the contract calls you, and being paid under CIS doesn't settle it. If you're working set hours for one contractor with their materials and their supervision, it's worth taking a proper look.

Sources

Where this comes from

Everything above is checked against HMRC's own guidance. The pages we used are here, so you can read them yourself.

If you'd like someone to go through a year of statements and tell you what you're owed, ring us on 0191 428 3337. We do a lot of these for subcontractors across South Tyneside, and you'll be speaking to a director.

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