PART XIII MISCELLANEOUS SPECIAL PROVISIONS
CHAPTER IV SUB-CONTRACTORS IN THE CONSTRUCTION INDUSTRY
559 Deductions on account of tax etc. from payments to certain sub-contractors. C1
1
M1Subject to F6the following provisions of this section, where a contract relating to construction operations is not a contract of employment but—
a
one party to the contract is a sub-contractor; and
b
another party to the contract (“the contractor”) either is a sub-contractor under another such contract relating to all or any of the construction operations or is a person to whom section 560(2) applies,
this section shall apply to any payments which are made under the contract and are so made by the contractor to—
i
the sub-contractor;
ii
a person nominated by the sub-contractor or the contractor; or
iii
a person nominated by a person who is a sub-contractor under another such contract relating to all or any of the construction operations.
F71A
Subsection (1) above shall not apply to any payment made under the contract in question that is F12treated as earnings from an employment by virtue of Chapter 7 of Part 2 of ITEPA 2003 (agency workers).
2
Subsection (1) above shall not apply to any payment made under the contract in question if the person to whom it is made or, if it is made to a nominee, each of the following persons, that is to say, the nominee, the person who nominated him and the person for whose labour (or, where that person is a company, for whose employees’ or officers’ labour) the payment is made, is excepted from this section in relation to those payments by virtue of section 561.
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F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F33A
Subsection (1) above shall not apply to a payment made under any contract if such conditions as may be prescribed in regulations made by the Board are satisfied in relation to the payment and the person making it.
C2C4C54
M2On making a payment to which this section applies the contractor shall deduct from it a sum equal to F4the relevant percentage of so much of the payment as is not shown to represent the direct cost to any other person of materials used or to be used in carrying out the construction operations to which the contract under which the payment is to be made relates; F9. . .
F54A
In subsection (4) above “the relevant percentage”, in relation to a payment, means such percentage (not exceeding the percentage which is the basic rate for the year of assessment in which the payment is made) as the Treasury may by order determine.
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F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85A
F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1C36
M3References in section 1(1) of the Preferential Payments (Bankruptcies and Arrangements) Act (Northern Ireland) 1964 to sums due on account of tax deductions for any period shall be construed as including references to any amounts due from any person in respect of deductions required to be made by him under this section.
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M4For the purposes of this Chapter a payment (including a payment by way of loan) that has the effect of discharging an obligation under a contract relating to construction operations shall be taken to be made under the contract; and if—
a
the obligation is to make a payment to a person within subsection (1)(i) to (iii) above, but
b
the payment discharging that obligation is made to a person not within those paragraphs,
the payment shall for those purposes be taken to be made to the first-mentioned person.
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F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .