CIS Tax Issue

[kremsam]

Hello, my name is Daniel and I am working as a ground worker for an agency. I am paid by check every week, and I have a UTR registered under CIS. My employer/agency has never given me tax returns slips, beside once, and only for 2 months. I have to do my tax return now and I am quite sure he never paid the taxes for the rest of the year. Only proof I got is check receipts and the 2 months tax return slip he gave me a while ago. In absence of any invoices, do you think that I may be reliable to pay the tax due? Can I do anything about him? Thank you.

 

[Newchodge]

What dates were/are you working for them?

 

[kremsam]

A couple of years.

 

[SteveHa]

Speak to HMRC and explain that you have never been given evidence. Ask them to send you details of all CIS deductions credited to you. If nothing has been reported by the contractor then that will be a red rag for the Revenue.

 

[kremsam]

Speak to HMRC and explain that you have never been given evidence. Ask them to send you details of all CIS deductions credited to you. If nothing has been reported by the contractor then that will be a red rag for the Revenue.

But are those check receipts and the 2 month tax return enough to prove that I work for him?

 

[SteveHa]

Even if you have only one cheque from him, he has reporting obligations to HMRC (not to mention payment obligations). If you can show he's missed even one it will cast doubt on his whole integrity.

 

[kremsam]

Even if you have only one cheque from him, he has reporting obligations to HMRC (not to mention payment obligations). If you can show he's missed even one it will cast doubt on his whole integrity.

Even if I did not give him any invoice?

 

[Newchodge]

If you work via an agency there is, presumably, a contractor who uses the agency to supply labour. they can also demonstrate that you work for him.

 

[kremsam]

If you work via an agency there is, presumably, a contractor who uses the agency to supply labour. they can also demonstrate that you work for him.

exactly, there is a contractor

 

[kremsam]

exactly, there is a contractor

that uses this agency. So am I safe or do I risk to pay any not paid taxes?

 

[kremsam]

If you work via an agency there is, presumably, a contractor who uses the agency to supply labour. they can also demonstrate that you work for him.

And another doubt I have: Given the fact that there is a contractor that uses this agency for my labour, which is a continuous job, how come can I be a self-employed?

 

[Newchodge]

You're almost certainly not self employed. You are employed by the agency.

 

[kremsam]

You're almost certainly not self employed. You are employed by the agency.

I don't have a contract and the agency wanted my UTR for paying those 2 months of taxes.

 

[Newchodge]

HMRC have rules about employment/self employment. You need to contact them urgently and explain the problem. It is a problem that will not go away.

 

[jouma]

Hi Daniel, first you should ask your contractor to provide you with CIS deduction statement for each month. if however your contractor did not provide you with deduction statement then you can contact HMRC CIS helpline and explain what that your contractor did not accept to provide you with deduction statement, if your contractor did file the CIS return using your UTR then HMRC will be able to send you a summary of your CIS suffered. another way of calculation your CIS is using gross up method and check whether HMRC have the correct amount as they will be able to confirm by yes or no over the phone.
unfortunately, during my work i came a cross many cases where contractor never filed their subs's CIS return and HMRC asked to provide bank statement along with CIS deduction statement

 

[jouma]

so they can work out a CIS bill and send it to the contractor

 

[jouma]

if you need any further help please let me know

 

[kremsam]

if you need any further help please let me know

Thank you very much! I called him today and he, as always, has excuses and makes me wait. My question is: Is there any way that I could be considered reliable for paying the unpaid taxes? Given the fact that I only have check receipts and a 2 months tax return from him? Thank you again for you detailed reply.

 

[jouma]

Hi Daniel,

I am more than happy to give you free advice my work number is 020 8035 0320 our opening time is from Monday to Friday 8:30 am to 5:30 pm in the meantime please check our practice online apto accounting reviews bark.

we can discuss your options and what best for you.