Inside or outside CIS? The context test for fencing
The HMRC CIS 340 guide and Finance Act 2004 s.74 establish that what matters is whether work is part of a construction project, not whether the activity could abstractly be called construction. Fencing on a housing development, a commercial site, or as part of a planning condition on a build is a construction operation and the payments to a fencing subcontractor are subject to CIS deduction. Agricultural fencing on a farm that is not connected to a building project is not a construction operation. A fencing contractor who works across both types of site may find that some contracts are within CIS and others are not. Misclassifying a CIS contract as outside the scheme (and therefore not registering or reclaiming) costs money. Misclassifying an agricultural contract as CIS (and accepting deductions that should not be made) also costs money.