Part 3Income tax, corporation tax and capital gains tax
Chapter 3Construction industry scheme
Registration of sub-contractors
66Cancellation of registration for gross payment
(1)
The Board of Inland Revenue may at any time make a determination cancelling a person’s registration for gross payment if it appears to them that—
(a)
if an application to register the person for gross payment were to be made at that time, the Board would refuse so to register him,
(b)
he has made an incorrect return or provided incorrect information (whether as a contractor or as a sub-contractor) F1in connection with an obligation arising under any provision of this Chapter or of regulations made under it, or
(c)
he has failed to comply (whether as a contractor or as a sub-contractor) with F2an obligation arising under or in connection with any provision of this Chapter or of regulations made under it.
(2)
Where the Board make a determination under subsection (1), the person’s registration for gross payment is cancelled with effect from the end of a prescribed period after the making of the determination (but see section 67(5)).
(3)
The Board of Inland Revenue may at any time make a determination cancelling a person’s registration for gross payment if they have reasonable grounds to suspect that the person—
(a)
became registered for gross payment on the basis of information which was false,
F3(b)
has fraudulently made an incorrect return or has fraudulently provided incorrect information (whether as a contractor or a sub-contractor) in connection with an obligation—
(i)
arising under any provision of this Chapter or of regulations made under it;
(ii)
arising under any provision of PAYE regulations;
(iii)
to submit a self-assessment return;
(iv)
arising under any provision of the Value Added Tax Act 1994 or of regulations made under it, or
(c)
has knowingly failed to comply (whether as a contractor or as a sub-contractor) with F4an obligation arising under or in connection with any provision of this Chapter or of regulations made under it.
F5(3A)
The Commissioners may at any time make a determination cancelling a person’s registration for gross payment if—
(a)
section 62A (payments made in the knowledge of deliberate failures to comply), or
(b)
section 62B (returns made in the knowledge of deliberate failures to comply),
applies to the person.
(4)
(5)
On making a determination under this section cancelling a person’s registration for gross payment, the Board must without delay give the person notice stating the reasons for the cancellation.
(6)
Where a person’s registration for gross payment is cancelled by virtue of a determination under subsection (1),
(b)
the person may not, within the period of one year beginning with the day on which the cancellation takes effect (see subsection (2) and section 67(5)), apply for registration for gross payment.
(7)
Where a person’s registration for gross payment is cancelled by virtue of a determination under subsection (3) F10or subsection (3A),
F11(a)
the person may, if the Commissioners think fit, be registered for payment under deduction, and
(b)
the person may not, within the period of five years beginning with the day on which the cancellation takes effect (see subsection (4)), apply for registration for gross payment.
F12(8)
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(9)
In this section “a prescribed period” means a period prescribed by regulations made by the Board.