Question

Paying another freelancer to help with client work — do I need to think about CIS?

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I run a small business in London, and I have just won a larger piece of client work than I can handle on my own. I am thinking about paying another freelancer about £1,800 to help with part of the job, which includes some fitting and finishing work at the client's premises. They would use their own tools, set their own hours within the project dates, and invoice me for the work. I have paid freelancers before for purely office-based help, and I simply paid their invoice in full, but this job feels different because it involves work on a building.

Does the Construction Industry Scheme come into this at all? I am not a construction company, and I do not usually work in construction, but I have read that CIS can apply when a business pays a subcontractor for construction work, even if construction is not its main trade. Is that right, or does it only apply to businesses that are registered as contractors? I want to know whether I need to register, verify the freelancer, or deduct anything from their payment before I agree the job.

I am also unsure how to tell whether the specific work counts as construction work for CIS purposes. The work includes installing fixtures and some finishing touches, rather than building an extension or doing major structural work. If only part of the job is construction work, do I split the payment, or does the whole amount fall under CIS? And what happens if the freelancer supplies some materials as well as labour?

Finally, what records and paperwork should I keep if CIS does apply, and what are the risks if I get it wrong and just pay the invoice in full? I would rather sort this out now than face a problem later, so any clear steps, examples, or pointers to what to check first would be very welcome.

1 Answer

Yes, you need to check CIS before you pay, even though you are not a construction company. The question is not what your business is called, but whether you are paying a subcontractor for construction work. A business can be a contractor for CIS purposes if it pays for construction operations, and a non-construction business can also be brought in if its construction spending is large enough over time. A £1,800 job will not automatically make you a contractor, but do not assume you are outside CIS just because this is a one-off.

Fitting and finishing work at a client's premises is often construction work for CIS purposes, even when it is not a major structural job. The scheme covers a wide range of building and finishing work, including installing fixtures, fitting out and finishing, as well as preparation and completion work. Some work is excluded, such as professional design, architecture and surveying, and some delivery or manufacturing work, so the exact description matters. If the freelancer is doing a mix of construction and non-construction work, ask for the invoice to split labour, construction work and other services.

If CIS does apply, the steps come before payment. Register as a contractor with HMRC, verify the freelancer, and then deduct from the labour element at the rate HMRC confirms: normally 20% for a registered subcontractor, 30% if they are not verified, and no deduction if they hold gross payment status. The cost of materials supplied by the subcontractor is generally not subject to deduction, provided it is separately identified and not just a way of reducing the labour charge. You must then file a monthly CIS return, pay the deduction to HMRC, and give the subcontractor a payment and deduction statement.

If CIS does not apply on your facts, you can pay the invoice in full, but keep the evidence: the scope of work, why it was not construction work or why you were not a contractor, the freelancer's invoice, and proof of payment. Using their own tools and setting their own hours helps show they are self-employed, but it does not by itself decide CIS or employment status. Getting CIS wrong can leave you liable for tax you should have deducted, plus interest and penalties, so checking first is far cheaper than correcting it later.

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