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HMRC internal manual

Construction Industry Scheme Reform Manual

HM Revenue & Customs
, see all updates

The Scheme: primary legislation: section 70

This section deals with periodic returns of payments made under construction contracts.

  • The Board may make regulations requiring contractors to

    • submit a return of payments made at intervals to be prescribed by the Board: FA04/S70 (1)(a) See SI2005/2045 reg 4.
    • keep relevant records of the payments: FA04/S70 (1)(b) See SI2005/2045 reg 51; and
    • provide information in respect of those to whom the payments were made: FA04/S70 (1)(c) See SI2005/2045 reg 4.
  • Any provision made by regulation under sub-section (1)(a) should include a requirement, except in prescribed circumstances, for the contractor to

    • declare on the return that none of the payments made relate to contracts of employment: FA04/S70 (2)(a)
    • declare on the return that all subcontractors listed have had their payment status verified, where this is required: FA04/S70 (2)(b)
    • provide such information and in such format as required by the Board: FA04/S70 (2)(c)
    • submit a nil return where no payments have been made during the relevant period: FA04/S70 (2)(d)
  • The Board may make regulations in respect of the copying and removal of and making extracts from any records kept in accordance with sub-section (1)(b) and of access to such records or copies: FA04/S70 (3)(a) and (b) See SI2005/2045 reg 51.
  • The Board may make regulations allowing a person making payments under a construction contract to appoint another to act on their behalf and to prescribe the rights, obligations or liabilities to the appointed person: FA04/S70 (4) See SI2005/2045 reg 5.
  • FA04/S70 (5) defines ‘prescribed’