The Income Tax (Construction Industry Scheme) (Amendment) Regulations 2021

Statutory Instruments

2021 No. 321

Income Tax

The Income Tax (Construction Industry Scheme) (Amendment) Regulations 2021

Made

15th March 2021

Laid before House of Commons

16th March 2021

Coming into force

6th April 2021

The Commissioners for Her Majesty’s Revenue and Customs make the following Regulations pursuant to section 1(1) and (2) of the Provisional Collection of Taxes Act 1968(1) and a resolution passed by the House of Commons on 9th March 2021(2), and in exercise of the powers conferred by section 136(1) of the Finance Act 2002(3) and sections 62(3), (6) and (7) and 73(1) and (3) of the Finance Act 2004(4), and now exercisable by them(5).

(1)

1968 c. 2 (“the 1968 Act”).

(2)

Budget resolution no 27, recorded in the House of Commons Votes and Proceedings for the 9th March 2021. The resolution contains a declaration that it is expedient in the public interest that the resolution should have statutory effect under the provisions of the 1968 Act. Section 1(3) to (5) of the 1968 Act set out the circumstances in which the resolution will cease to have statutory effect. By virtue of section 1(5), the resolution will cease to have effect once provisions corresponding to those are enacted by the next Finance Act. The resolution will in any case cease to have effect after 9th October 2021 by virtue of section 1(3). Section 1 of the 1968 Act was relevantly amended by section 88(1) to (7) of the Finance Act 2011 (c. 11). Other relevant amendments to section 1(3) to (5) of the 1968 Act were made by section 60 of the Finance Act 1968 (c. 44), section 205(5) of the Finance Act 1993 (c. 34) and section 112(1) of the Finance Act 2007 (c. 11).

(3)

2002 c. 23.

(4)

2004 c. 12 (“the 2004 Act”).

(5)

The functions of the Commissioners of Inland Revenue were transferred to the Commissioners for Her Majesty’s Revenue and Customs (“HMRC”) by section 5(2) of the Commissioners for Revenue and Customs Act 2005 (c. 11) (“the 2005 Act”). Section 50(1) of the 2005 Act provides that a reference to the Commissioners of Inland Revenue, however expressed, shall be taken as a reference to the Commissioners for HMRC. Subsection (2) of section 7 of the 2005 Act provides that, in connection with former Inland Revenue functions, a function conferred by an enactment (in whatever terms) on any of the persons specified in subsection (3) of that section shall vest in an officer of Revenue and Customs. The persons specified in subsection (3) include “an officer of the Board of Inland Revenue”. Section 50(2) of the 2005 Act provides that, in so far as is appropriate in consequence of section 7, a reference in an enactment to any of the persons specified in section 7(3), including “an officer of the Board of Inland Revenue” shall be taken as a reference to an officer of Revenue and Customs.