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CIS Payment Certificate

  • 164 posts
  • # 111539

,Hi,

I have been asked to complete a tax return for a CIS Labour only subcontractor. On the face of it, it looks like it will be straight forward. I have been provided with half a dozen pay slips with various deductions already taken off.

Eg of one is-

Total Gross - 764.00

Less Retention - 19.10

Net Cert Value - 744.90

Less CITB Levy @1.50 % on 744.90 - 11.18

Less Tax @30% on 733.72 - 220.11

Less Contra - 38.20

Payment Total £475.41

 

I have looked into it and am concerned that the CITB levy shouldnt be deducted from my clients pay as i have read that it should be paid by the contractor. That is unless my client has given written permission for it to be deducted. I need to check this out. The Contra entry is for insurance taken by the contractor. The retention i am not sure of but i will be speaking to client about it. The tax is correct at 30% after all the deductions, due to my client, i assume not registering yet for CIS.

I havent looked at the CIS part of the tax return yet but if i enter the gross amount stated on the tax return then the amount of tax due will be different.

My question is, has the contractor deducted the correct amount of tax from my client based on the payslip above?

I have not been provided with any year end summaries if they are available.

 

Cheers

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  • 1 post
  • # 111540

Gazza said:

,Hi,

I have been asked to complete a tax return for a CIS Labour only subcontractor. On the face of it, it looks like it will be straight forward. I have been provided with half a dozen pay slips with various deductions already taken off.

Eg of one is-

Total Gross - 764.00

Less Retention - 19.10

Net Cert Value - 744.90

Less CITB Levy @1.50 % on 744.90 - 11.18

Less Tax @30% on 733.72 - 220.11

Less Contra - 38.20

Payment Total £475.41

 

I have looked into it and am concerned that the CITB levy shouldnt be deducted from my clients pay as i have read that it should be paid by the contractor. That is unless my client has given written permission for it to be deducted. I need to check this out. The Contra entry is for insurance taken by the contractor. The retention i am not sure of but i will be speaking to client about it. The tax is correct at 30% after all the deductions, due to my client, i assume not registering yet for CIS.

I havent looked at the CIS part of the tax return yet but if i enter the gross amount stated on the tax return then the amount of tax due will be different.

My question is, has the contractor deducted the correct amount of tax from my client based on the payslip above?

I have not been provided with any year end summaries if they are available.

 

Cheers


 Hi,  The payslip seems correct, yes you will enter the full amount on the tax return and then add up all the 30% cis deductions and enter this on the CIS deductions page.  The retention is most probably for work that you Client has done and wiil need to be claimed at a certain time agreed by the client and contractor, which your client should keep details of.  Then when the retention is paid he will receive a certificate showing that payment and deduction.

 

Hope this is clear   Kim

  • 164 posts
  • # 111541

Thanks Kim,

Should i expect to get some sort of year end summary from my client or is it just a case of me working through each pay slip and adding everything up myself?

On top of this my client hasnt provided any other expenses. I should be able to claim the usual other expenses such as use of his own van and tools i suspect?

Cheers

  • 52 posts
  • # 111554

Hi Gazza,

 

the retenntion part is a % that will come each time your client rises an invoices for the work he/she has done on job. You will fine after six months to a year the can claim that back from the company they did the work for. As far as I know it's a back for the company so if there are problems after the job is finish and its your clients fault and he can fix it then the company have the right to keep that % of retenntio.

 

i just oust hope you can understand what have put, am not very good at putting things into word ha ha. 

 

thanks Sarah 

  • 491 posts
  • # 111573

There's a bit of info about the Levy here http://www.citb.co.uk/levy-grant/complete-levy/

I have never seen a contractor take a levy off a subcontractor! Like you've said, the Levy is intended as a Contractor thing. I'd be interested in the result of that, if it turns out that it's correct. There is talk on the above site about levy amounts on labour only subcontractors - so it may be right.

The Contra entry - if this is for agreed insurance, then this will be your proof to 'claim' this as an expense of the business for your client

The retention - as others have said - is where the contractor has held money back until an agreed time, such as 6 or 9 months. If there are no problems or issues with the job, then the remainder should be paid (though often ends up having to be 'asked' for, as it's often not paid automatically, in my experience!)

If the CITB levy is incorrectly charged, then the correct amount to be taxed would normally be £744.90 (there will be an additional tax on the retention when this is paid). In the CIS 340 booklet ( https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/448756/CIS340_06_15_V1_0.pdf  ) it doesn't say anything about the levy being an allowable deduction before tax. However, the payslip is the payslip - that's what's been deducted and taxed, so it would be the contractor that got in trouble if it's incorrectly deducted, not your client.

If the retention has gone over a new financial year, I would consider putting a journal to account for it - reducing the gross figure to be reported on the tax return, otherwise you potentially risk doubling up on the gross income next year, when you get paid the retention. The actual tax deducted, as per the slips, will always be the figure that you put as tax paid on the tax return - even if the contractor has deducted it incorrectly.

That's my thoughts........hope they make sense!

  • 164 posts
  • # 111580

Thanks Sarah and Carol,

Very helpful indeed, I will meet with my client and see what info i can gather about this CITB levy and if he has been recieving any of this retention money back at all.

Kind Regards

  • 164 posts
  • # 111608

Hi,

Just in case anyone is interested I have spoken to HMRC CIS helpline and had it confirmed that the CITB Levy can be legally passed onto the subcontractor as an allowable expense before tax or paid by the contractor as an allowable expense. So the pay slip is correct. The retention might never be paid back either in reality or if it is it could be 12 months later.

 

 

Cheers

  • 491 posts
  • # 111621

Hi Gazza

Thanks for this info - its useful to be aware of this.

In my experience, I've got one client that regulaly has retentions. In the past, he never used to 'claim' them after the time period, and consequently, often never got them paid, however, over the last 2 years, we've been sure to 'claim' them (by way of a new invoice issued), and they've been paid every time. So I think it's just a case of putting systems in place to ensure you remember to claim them.

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