Supporting Guidance: employer compliance: guidance by subject: penalties: CIS from 06-04-07 - failure to notify a change in control in the company
Regulation 53 Income Tax (Construction Industry Scheme) Regulations 2005 requires a close company, that is
- a private company limited by shares and
- is registered for, or applying to be registered for Gross Payment
to notify HMRC of any change in control of the company that is by reason of
- an issue or transfer of shares in the company to a person who was not a shareholder in the company immediately before the issue or transfer.
Where a company fails to comply with Regulation 53 a penalty may arise under S98(1)(b) TMA 1970. This penalty consists of an initial penalty not exceeding £300 followed by daily penalties not exceeding £60 per day until the notification is made.
The initial penalty is determined by the First-tier Tribunal and can be sought even after the failure is rectified. Daily penalties can be authorised by a Grade 6 officer but only as long as the failure continues.
You are most likely to identify a failure to comply with this Regulation when considering whether the Business, Turnover and Compliance Tests have been satisfied. COG910030 - registering for the scheme.
You must remain aware that a change in control of the company soon after registration for Gross Payment has been obtained could indicate deliberate manipulation to obtain registration for Gross Payment.
You must establish the reasons why the company failed to notify the change in control and
- seek advice from Tax Administration Litigation & Advice before pursuing this penalty - see COG904770.
You must also consider whether the circumstances warrant a change in tax treatment. Further guidance is at
- COG910110 - Cancellation of Gross Payment Registration.