Know the rules for contractors & subs under CIS to avoid issues with HMRC.

Under the Construction Industry Scheme (CIS), HMRC applies specific tax rules to contractors and subcontractors in the construction industry. Contractors are responsible for deducting tax from payments made to subcontractors and forwarding it to HMRC. These deductions act as advance payments toward the subcontractor’s income tax and National Insurance.

A subcontractor is defined as any business or individual that agrees to perform construction operations for another business (a contractor or deemed contractor). This applies whether the work is done directly or through others such as employees or further subcontractors. Notably, a business typically considered a main contractor can be a subcontractor if hired by another contractor, such as a local authority.

Subcontractors can include:

• Companies, public bodies, partnerships and self-employed individuals.
• Labour agencies or staff bureaus that supply or employ workers for construction.
• Foreign businesses performing construction in the UK or its territorial waters.
• Local authorities or public bodies engaged in construction work for others.
• Gang-leaders who agrees with a contractor on the work to be done, and in turn receives payment for the work of the team.

Some businesses function as both contractors and subcontractors, paying others while also being paid for their services. These businesses must follow both sets of CIS rules depending on their role in each transaction.

A recent ruling has provided a timely reminder that substance trumps form in employment status disputes, and the mere insertion of a clause does not automatically change the employment status of workers. This case concerns an appeal by BCAL, a company that provides vehicle collection, inspection, delivery, and transportation services. The core dispute revolves around the employment status of hundreds of individuals who work as drivers for BCAL.

The standard-form contract contained a term that permitted the drivers to make use of a substitute. However, a central issue in this case was whether the substitution clause was indeed "genuine". 

BCAL instructs drivers via an app, and they generally have no choice over job location, number, or type, although they can decline jobs. However, the Tribunal found evidence of a practice of punishing drivers for refusing work on available days. BCAL sets the fees for each job, with no power of negotiation available to drivers, and drivers are obligated to pay weekly administration and insurance contributions. BCAL pays for and issues DVLA trade plates to drivers, which are essential for driving unregistered/untaxed vehicles for business, and the drivers cannot obtain these themselves. Drivers are provided with branded items in the form of a badge, a hi-vis vest, a phone with an app, a fuel card, inspection equipment, and PPE. Newly recruited drivers must undertake a mandatory four-day in-person training course and receive a detailed training manual, which is regularly updated.

The Tribunals both found that the substitution clause in BCAL's contracts was not "genuine". This case strongly reiterates that the written terms of a contract, particularly a substitution clause, are not conclusive when determining employment status, as tribunals will rigorously examine the true intentions of the parties and the reality of the working relationship. If a contractual right, such as substitution, is not genuinely intended to be exercised or is an "unrealistic possibility" in practice, it will be disregarded.

Companies cannot simply insert a substitution clause into their contracts and assume this guarantees self-employed status. Instead, the right to substitute must be genuine, practicable, and exercised. This ruling carries profound importance for companies that employ people remotely via apps, as merely inserting a clause to infer that such employment is truly flexible can be overturned if it isn’t exercised.

With the next UK Budget approaching, there is speculation about changes to tax rates, allowances, and reliefs. Acting now can help secure current benefits before any new rules take effect.

Key areas to review:

• Personal allowances – make sure you are using your Personal Allowance, savings allowance, dividend allowance, and Capital Gains Tax (CGT) exemption. Consider transferring assets between spouses or civil partners to maximise allowances.
• Income or gains – if you expect changes to tax rates, you may benefit from bringing forward dividends, bonuses, or planned asset sales into the current tax year.
• Pension contributions – pensions remain highly tax-efficient. Using your current year’s allowance now can lock in today’s tax relief rates.
• Business investment – review any planned purchases of plant or equipment to take advantage of existing capital allowances.
• Inheritance tax – making gifts now can start the seven-year clock and use current IHT exemptions.

The period before the Budget is a valuable opportunity for tax planning. Contact us as soon as possible to discuss your position and take advantage of existing rules before any changes are announced.

For many small business owners, the focus is on day-to-day operations. However, building long-term value is just as important, whether your aim is to sell in the future, attract investors, or secure better financing.

Focus on profitability and cash flow
Strong profits are essential, but reliable cash flow is often more important to potential buyers or lenders. Keep tight control over expenses, reduce debtor days, and ensure pricing reflects the value you provide.

Develop recurring revenue
Income that is predictable and repeatable, such as subscription models or service contracts, increases business stability and value. It also makes forecasting more accurate and planning easier.

Strengthen your customer base
Avoid over-reliance on one or two major customers. A broad, loyal client base reduces risk and makes your business more attractive to others.

Build a strong management team
A business that depends too heavily on its owner can be harder to sell and less valuable. Train and empower staff so that the business can operate smoothly without you.

Protect your brand and processes
Invest in your reputation, intellectual property, and efficient systems. Documenting processes and having clear contracts with suppliers and customers adds professionalism and reduces uncertainty.

Plan ahead
Value is built over years, not months. Regularly review your strategy and financial performance and seek advice from your accountant to ensure every decision supports long-term growth.

Businesses can reclaim duties on qualifying goods moved to or through Northern Ireland since 2021

The Northern Ireland Duty Reimbursement Scheme allows businesses to reclaim import duties paid on goods moved into Northern Ireland, provided specific conditions are met. It applies retrospectively, covering eligible goods moved from 1 January 2021 onward.

A claim can be made by importers of ‘at risk’ goods into Northern Ireland. Additionally, agents or representatives authorised to act on behalf of an importer can also make a claim. If you are not UK-based, you must appoint a UK-established agent to submit the claim.

You can claim for duty paid or deferred if:

• The goods were sold, consumed or permanently installed in Northern Ireland.
• They were moved from Northern Ireland to Great Britain.
• They were exported outside the UK or EU.
• You have sufficient evidence that the goods meet the qualifying conditions.

Claims may be made for full or partial consignments. For example, if 50 out of 100 ‘at risk’ goods meet the criteria you can reclaim duty on those 50.

There are deadlines for making a claim which are as follows:

• By 30 June 2026 for goods moved between 1 January 2021 and 30 June 2023.
• Within 3 years of duty notification for goods moved after 30 June 2023.

The full amount of duty can be claimed for goods moved from Great Britain (England, Scotland and Wales) to Northern Ireland. The difference between EU and UK duty rates (where the EU duty was higher than the UK duty) can be claimed for imports into Northern Ireland from outside the UK or EU countries.

This scheme guidance has been updated as the new arrangements set out in the Windsor Framework have now been implemented.