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HMRC guidance on changes to the CIS for landlords and tenants

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CIS changes: golden opportunity missed

Key points

  • The CIS Regulations 2005 have been amended to include new reg 20A which excludes many landlord to tenant payments from the scope of the CIS.
  • Various conditions must be met for the CIS rules not to apply.
  • New reg 20A especially aids commercial landlords which fall within the definition of ‘deemed contractor’.
  • HMRC’s guidance includes several examples of when reg 20A would or would not apply.
  • Important to note that this is not a blanket exemption for landlord/tenant payments.

From 6 April 2024 various changes to the construction industry scheme (CIS) became effective. These changes broadly relate to strengthening the requirements for gross payment status and excluding many landlord to tenant payments from the scope of the CIS.

The changes to the CIS were implemented through a combination of:

  • section 35 of FA 2024 (which received royal assent on 22 February 2024) which amended s...

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