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Chapter CISR18160

Document Cited in Related
Vincent
Published date16 April 2016
Record NumberCISR18160
CourtHM Revenue & Customs
IssuerHM Revenue & Customs

CISR18600 Action guide contents

A payment is subject to the Construction Industry Scheme if it is made by

  • a ‘contractor’
  • to a ‘subcontractor’
  • or a ‘nominee’ specified by the subcontractor or contractor
  • under a ‘contract relating to construction operations’.

Certain events may occur, however, which prevent payment direct to the subcontractor, either through force of circumstance or legal requirements surrounding the event. These events include the bankruptcy of an individual subcontractor, or the liquidation or receivership of a company.

For a contract entered into by the subcontractor before insolvency, any payment made after the insolvency event may be made to a

  • trustee in bankruptcy

or

  • liquidator or receiver (in the case of a company).

In these circumstances payment may continue to be made on the same basis that was in place at the date of the subcontractor’s insolvency. This is because, in strict legal terms, the recipient...

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