21. Amend the Income Tax (Construction Industry Scheme) Regulations 2005(1) by inserting after regulation 7 (payment, due date for payment of amounts deducted and receipts)—
“7A.—(1) Payment of an amount that is less than the amount which the contractor was liable to pay to the Commissioners for Her Majesty’s Revenue and Customs under regulation 7(1)(2), will, for the purposes of paragraph 6(2) of Schedule 56 to the Finance Act 2009 (amounts of penalty: PAYE and CIS), be treated as a payment of the full amount if the difference between the full amount and the amount paid is no more than £100 (“the tolerance”), but this is subject to paragraph (2).
(2) If a contractor makes a payment under regulation 7(1) and the total sum paid to Her Majesty’s Revenue and Customs for the tax period includes not only that payment but also one or more of—
(a)any tax deducted under the PAYE Regulations(3),
(b)any earnings-related contributions (as defined by regulation 1(2) of the SSC Regulations(4), or
(c)any repayment due under the Student Loans Regulations 2009(5),
the tolerance is applied to the total sum paid to the Commissioners for Her Majesty’s Revenue and Customs for the tax period to which the payments relate.”.
S.I. 2005/2045; relevant amending instruments are S.I. 2008/740 and 2012/820.
Regulation 7 has been amended by regulation 4 of S.I. 2008/740.
The term “PAYE Regulations” is defined in regulation 2 of S.I. 2005/2045.
The term “SSC Regulations” is defined in regulation 2 of S.I. 2005/2045 and was inserted by regulation 3 of S.I. 2008/740.
The term “Student Loan Regulations” is defined in regulation 2 of S.I. 2005/2045 and was substituted by regulation 3 of S.I. 2012/820.