Perhaps one of the most notable changes with the inception of the post 2007 rules was the introduction of the CIS penalties regime. Many contractors are often caught unaware by the significant penalties they can be facing for failures under the scheme.
The current penalties regime under schedule 55 FA 2009, which came into effect as of October 2011 provides:
|Failure to submit monthly return by 19th month||=|| fixed penalty of £100|
|Monthly return is still outstanding after 2 months||=|| furthur fixed penalty of £200|
| Monthly return outstanding after 6 months ||=|| penalty is greater of £300 or 5% of the CIS deductions due on the return |
| Monthly return outstanding after 12 months ||=|| penalty is greater of £300 or 5% of the CIS deductions due on the return |
These penalties also apply to NIL returns, although from 6 April 2015 a penalty in respect of any months for which a NIL return is due will not usually be charged by HMRC.
Additional penalties can be levied for returns outstanding after 12 months as follows:
| For information deliberately withheld but not concealed from HMRC ||=|| up to 70% of the CIS deductions or a minimum of £1,500 |
| For information deliberately withheld and concealed from HMRC ||=|| up to 100% of the CIS deductions or a minimum of £3,000 |
Where an incorrect monthly return has been submitted, the penalty regime that applies for returns submitted from 19 April 2009 falls under Schedule 24 FA 2007. The level of penalty is based on the ‘behaviour’ that led to the error being made.
In addition to the above penalties, HMRC can levy up to £3,000 per monthly return submitted if you incorrectly tick the self-employed status declaration when your subcontractors should have been declared as employed.
The final CIS specific penalties which can be imposed are:
| Failure to make a declaration on the monthly return ||=|| up to £300, plus £60 per day outstanding |
| Failure to provide a Payment and Deduction statement ||=|| up to £300, plus £60 per day outstanding |
| Providing an incorrect Payment and Deduction statement ||=|| up to £3,000 |
| Failure to provide CIS records to HMRC for inspection ||=|| up to £300, plus £60 per day outstanding |
| Making a false statement in order to obtain gross payment status ||=|| up to £3,000 |