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Is it possible to check CIS paid by employer?

I’m not sure if my employer paid all CIS deduction on my behalf and I looking for a way to check it.

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Hi,

I working on a construction and my employer taking 20% from my wages and supposed to pay CIS deduction. When I asked him for P60, He sent me one where is only half of my earnings. When ask him what with rest of money, he told me that he had problem with accountant so he changed to another one and now he don't have any contact with old accountant that's why he can't send me p60 from full year and he gave me only from that new accountant.

He told me as well to do Self Assesment from my bank account but the thing is I don't know if he paid tax for that earnings with are not on that document.

Can anyone advise me what I can sort it out?

How to check if he paid that?

Thank you in advance.

 OP has requested to add the following changes: "1. I’m self employed 2. That was not a p60, that was a statement of payment & deduction. 3. He is not giving me anything monthly. He is sending me one from all year." - moderation team

Replies (16)

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By Moonbeam
28th May 2022 08:14

Either you're a full employee with holidays etc or you're a subcontractor with CIS deducted.
If you're a CIS subcontractor you won't get a P60, but you should be receiving a statement every month with your deductions shown on it.
You need to be clear which you are.
Either way your employer isn't being very helpful and that's bad.
I think you should call HMRC about this. You'll need your NI number first, and you'll get an answer to your call quickest if you call them at 8 am in the morning.

Thanks (3)
Replying to Moonbeam:
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By DKB-Sheffield
28th May 2022 08:49

+1

And to add to that, if you are a subcontrator, you may find the services of an accountant helpful.

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Replying to Moonbeam:
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By JohnSR7
28th May 2022 09:53

Correction:
1. I’m self employed
2. That was not p60, that was statement of payment & deduction.
3. He not giving me anything monthly. He sending me one from all year.

Thanks (0)
RLI
By lionofludesch
28th May 2022 09:19

Like the others, I don't know where to start here.

If you're a subcontractor, you shouldn't get a P60. They're for employees. You yourself are confusing employment and self employment.

Thanks (1)
Replying to lionofludesch:
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By JohnSR7
28th May 2022 09:54

Correction:
1. I’m self employed
2. That was not p60, that was statement of payment & deduction.
3. He not giving me anything monthly. He sending me one from all year.

Thanks (0)
Replying to JohnSR7:
RLI
By lionofludesch
28th May 2022 10:19

JohnSR7 wrote:

Correction:
1. I’m self employed
2. That was not p60, that was statement of payment & deduction.
3. He not giving me anything monthly. He sending me one from all year.

OK - what were you billing him ?

What do your invoices say ?

If no invoices, what record do you have of the work that you did ?

If no records, you're in a spot of bother. As a self employed person, you have an obligation to keep records.

Thanks (1)
Replying to lionofludesch:
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By JohnSR7
28th May 2022 10:38

I have weekly timesheets signed by principal contractor so I have confirmation how many hours I worked etc.

But I'm not billing him. I just texting him every 4weeks how much he need to pay me and he sending me that from his company account and I have evidence of all transfers on my bank statement.

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Replying to JohnSR7:
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By Hugo Fair
28th May 2022 11:22
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Replying to JohnSR7:
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By lionofludesch
28th May 2022 11:25

JohnSR7 wrote:

I have weekly timesheets signed by principal contractor so I have confirmation how many hours I worked etc.

But I'm not billing him. I just texting him every 4weeks how much he need to pay me and he sending me that from his company account and I have evidence of all transfers on my bank statement.

OK - well, you can reconstruct what you were due to be paid gross. Simply compare that with what you were paid and, with a bit of luck, the difference will be 20%, which will be the tax deducted.

Don't worry about whether the contractor has paid it to HMRC. That's his problem, not yours.

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By DKB-Sheffield
28th May 2022 11:26

Further to your responses, your accountant will advise (or at least should have advised) you...

1. To keep evidence of what you have charged your customers (including materials and labour!). An 'invoice'/ 'bill' is the simplest and most recognised option (but then I'm old fashioned). However, in this day and age, and if you're extremely lucky, a Compliance Officer may (but only may) accept your SMS messages - assuming you have them all stored and they give all the required information (hint: "You owe me £1,600 mate" probably wouldn't cut the mustard).

2. To ensure you receive statements from every contractor (hint: you'll almost certainly work for more than one!) every month. For every CIS contractor I deal with, a payment advice is issued for every payment, with a statement every month, and every year (automatically - by email).

3. To ensure you keep full and proper records of all expenses, purchases etc.

4.... there are many other things....

I'm assuming that is something like you were told? Is it? If not, I'd be taking the accountant to task or finding a new one!

As for your predicament, the contractor's excuse is unacceptable in my book. They should be providing you with the information AND they must have the information on file - regardless of who is/ was their accountant. It is their responsibility to keep records - regardless if who their professional advisor is (or was). However... I can understand their reluctance to provide information if has already been provided (call me cynical but, come January 23 I'll have numerous emails from subcontractors denying they ever received any advices/ statements for the 2021/22 tax year)!

Incidentally, there is a small matter of Making Tax Digital being planned as early as April 2024 (your accountant will have told you about it). Your current method of working (which sounds barely acceptable to HMRC - even now), will be almost intolerable to them in - as little as - 2 years.

IF after reading this, your question is "Which accountant? I don't have one!" That will be - by far - your best place to start!

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By Not Anonymous
28th May 2022 12:32

And even if it had been employment rather than self employment what an employer has paid is not really any of your business.

It's what has been reported to HMRC that counts.

If Marks & Spencer (picked at random, not a client!) don't pay their monthly PAYE deductions that isn't the employees problem, it's between HMRC and Marks & Spencer.

Providing the employer has reported the correct wage details under RTI then that should be sufficient. For the employee.

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Replying to Not Anonymous:
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By lionofludesch
28th May 2022 15:00

Not Anonymous wrote:

And even if it had been employment rather than self employment what an employer has paid is not really any of your business.

It's what has been reported to HMRC that counts.

Well, aye.

But what's been reported?

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By MCV71
28th May 2022 14:46

The number of contractors who dont give out monthly CIS statements must surely exceed those that do

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Replying to MCV71:
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By Leywood
28th May 2022 14:53

Agreed.

Government really should clamp down properly on this sector. Plus a few others. It’s beyond a joke.

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Replying to Leywood:
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By lionofludesch
30th May 2022 07:05

Leywood wrote:

Agreed.

Government really should clamp down properly on this sector. Plus a few others. It’s beyond a joke.

How about clamping down on themselves and providing a statement of the amounts of tax they have been sent by contractors?

The CIS system is coming up to 50 years old and it's in a worse state than ever.

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By Paul Crowley
28th May 2022 15:26

Get an accoutant, because you have problems.

If you do not get tax certificates either with each payment, or each month then the tax is likely not to have been declared or paid to HMRC

Do not waste time trying to get details from HMRC, they will tell you to get details from the contractor

The story from the contractor is complete BS. He does not have a proper accountant, because a proper accountant acting as agent has access to all submissions made by the contractor on his agent portal, from at least four years in the past.

My guess is that the contractor has closed the old company and started a new company. Look at the money received in your bank account and see if the payments look different for the first 6 months to the second.

I have had this exact problem with a client working for a dubious contractor

PM me and I will send you my phone number and chat to you for free to explain in more detail

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