Supporting Guidance: employer compliance: guidance by subject: construction industry scheme: CIS - until 5 April 2007 - payments to a third party
COG909270 gives an overview of payments to a third party and explains what a debt factor is.
COG910060 provides guidance on when payments are made to a third party after 05-04-07.
When a subcontractor nominated a third party to receive payments prior to 06-04-07 the caseworker should
- establish who the third party was.
establish whether the contractor inspected a CIS6 certificate for
- the subcontractor
- the nominee.
If the contractor inspected a CIS6 certificate for both the subcontractor and nominee the payment could be made gross.
If the subcontractor was a CIS5 or CIS5(Partner) certificate holder and used the Certifying Document method a deduction still had to be made from the payment unless the third party was a debt factor (see below).
In all other situations the contractor had to make a deduction from the payment.
Payments to Debt Factors
If the third party was a debt factor it is unlikely that they would have held a certificate. This is because it is unlikely that they would be carrying on a business in the UK that consisted of construction operations. If the contractor inspected a certificate for a debt factor the caseworker should
- follow the guidance in the CIS Manual (CIS1411).
If the subcontractor was
- a CIS5 or CIS5(Partner) certificate holder
- used the certifying document method, and
- the nominee was a debt factor
the subcontractor could
- nominate the bank account operated for its debts by the factor and
- specify that account in its certifying documents.
In this situation the contractor would make the payment gross even though the debt factor did not have a certificate.
If a deduction was made the contractor had to issue a CIS25 voucher to the subcontractor. A subcontractor who was certificated could make a claim for immediate repayment.
If an inaccuracy is discovered, where payment has been made to a third party prior to 06-04- 07, the caseworker should
- follow the guidance at COG909590.
If payments under CIS from 06-04-07 being made to a third party the caseworker should
- follow the guidance at COG910060.