Era of CIS mega penalties ends

HMRC has capped penalties for late returns of payment information to contractors under the Construction Industry Scheme, reports Nick Huber.

The change will be welcomed by tax advisers whose clients faced penalties in the tens of thousands in some cases. Some AccountingWEB subscribers have claimed that the taxman is prepared to waive some of the heftier fines under the old penalty system.

The CIS stipulates how payments to subcontractors for construction work must be handled by contractors in the construction industry. The scheme applies mainly to contractors and subcontractors in mainstream construction work.

Contractors must register with the scheme and send monthly returns to HMRC giving details of all payments to sub-contractors under the CIS. Contractors should also check whether their subcontractors are registered with HMRC and are submitting monthly returns.

The scheme has proved controversial with contractors. Since 1 October, penalties have been capped at £3,000. Before then, however, penalties for failing to register with the scheme were £100 each month and some penalties could amount to tens of thousands of pounds, according to AccountingWEB tax editor Rebecca Benneyworth.

Continued...

» Register now

The full article is available to registered AccountingWEB members only. To read the rest of this article you’ll need to login or register.

Registration is FREE and allows you to view all content, ask questions, comment and much more.

Comments

Penalties

rogtuf | | Permalink

Putting forward a sensible approach to the system of penalties is long overdue.  At the moment they are simply enacted by the legislature without sufficient (or perhaps any)  thought to the consequences.

penalties for late payment of PAYE

gregh | | Permalink

The bookkeeper for one of our clients was late every month when paying over the PAYE/NIC and on 2 occasions , she was late by just 2 days -the penalty demanded by HMRC is over £8k for the year.

 

The bookkeeper will be going soon, but the company has this problem.

 

We feel this penalty is unreasonable as HMRC waited for the 12 months to go by before saying here is your penalty.

 

Anyone had a success in contesting this penalty and was "unreasonable" the main plank of the argument?.

Penalties    1 thanks

rogtuf | | Permalink

There are at least two recent tribunal cases where (P35) penalties were reduced to substantially because they were found to be "unreasonable" as a result of "delay" in notification by the HMRC.

thanks for your reply.   greg

gregh | | Permalink

thanks for your reply.

 

greg

Penalties

Johnandrew | | Permalink

Worth having a look at HMD Response International (TC01322) in relation to this plus quoting the Human Rights Act if the penalty is at all disproportionate and punitive.

rampanesar's picture

I can confirm that the

rampanesar | | Permalink

I can confirm that the success was real and am happy to let anyone interested have a copy of the letter used to appeal against the penalties - I have one very happy client:-)

 

Penalties

Johnandrew | | Permalink

 

Yes please, I would like to see your appeal letter if you happy to share this (suitably anonymised of course).  You can email this to me on

a.stephenson@pierce.co.uk

Thanks.

successful penalties appeal

gregh | | Permalink

  Thank you for the time to reply to my plea for help.

If you can email me the detail why you were successful, that would be a great help

-keep HMRC of our backs , keep up the good work.

 

from greg

 

gregh@compassaccountants.co.uk

CIS penaltaies

norman kimberley | | Permalink

I would like a copy of the letter please. You can email it to me.Thanks

rampanesar's picture

Need your email address please

rampanesar | | Permalink

Need your email address please

Is this £3,000 per return of

edwardkirkbyfcf | | Permalink

Is this £3,000 per return of the penalty is capped at this in total?

Thanks

Yes please can I have a copy

june jones | | Permalink

Yes please can I have a copy of the letter as well.  The email address to send it to is newtown@dre.co.uk

thanks

 

email

likes2line | | Permalink

I knew I'd hung onto this for a reason.  Any chance you can email me a copy of your appeal letter.

 

Thanks

GillianFawcett@blindlane.freeserve.co.uk

Letter

kirstyln | | Permalink

Hi,

 

Would be extremely grateful if you could email me a copy of the letter please;

kirstyln@hotmail.co.uk

Many thanks!

Copy of letter

SWJWBA | | Permalink

Could I please have a copy of your letter and keep up the good work!

steve@stepehenwjonesfca.co.uk

CIS appeal

Sparrow | | Permalink

Please do send me a copy of the letter plese at novpc@novakovic.co.uk.

Much appreciated