Finance Act 2026 introduced a tougher GPS regime in force from 6 April 2026. Qualifying is no longer the end of the story. Keeping GPS now requires active ongoing due diligence.
Immediate revocation on fraud connections
From 6 April 2026, HMRC can remove GPS without advance notice where a contractor knew or should have known about fraudulent connections in the supply chain. The 'should have known' standard is key: failure to carry out due diligence is sufficient for revocation. HMRC does not have to prove you intended any wrongdoing.
Five-year reapplication ban
GPS removed on fraud grounds now triggers a 5-year ban on reapplication (previously 1 year). The cash-flow cost is severe: roughly £100,000 a year for a contractor earning £500,000, because 20% is deducted at source on every payment instead of 0% with GPS.
Knowledge-based penalties and officer liability
Finance Act 2026 inserts FA 2004 ss.62A and 62B. A person who makes a payment under a construction contract knowing, or having reason to know, that a connected party has deliberately failed to comply with CIS faces a penalty of 20% of that payment (s.62A). Where a return is made in that same knowledge, the liability is an amount equal to the whole sum the return treats as paid (s.62B). Where a company is penalised, HMRC can pursue an officer personally under the officer-liability rules, including a decision notice under FA 2004 s.72B requiring an officer to pay up to 100% of the company's s.72A penalty.
Due diligence is now essential
To meet the 'should have known' standard, a contractor must before each payment: re-verify the CIS status of each subcontractor with HMRC, run a Companies House legitimacy check on the subcontractor's company, and carry out bank account name verification to confirm the payment recipient is genuine.
Managed GPS service: what we do for you
We assess whether you meet all three qualifying tests before applying. We handle the application with HMRC. We maintain the compliance record and advise you on the three due-diligence steps required to protect the status under the April 2026 rules: subcontractor re-verification, Companies House legitimacy checks and bank account name verification. When GPS is granted, we monitor the ongoing compliance position so you are not caught by an unexpected revocation.