CIS Refund Form Explained
If you work in the construction industry as a subcontractor, tax is likely being deducted from your payments before you receive them. Under the Construction Industry Scheme (CIS), contractors are required by HMRC to deduct tax at source – either at 20% if you are registered for CIS, or 30% if you are not.
Because these deductions are calculated on your gross payments rather than your actual taxable profit, they often exceed the tax you truly owe. Once your allowable business expenses and personal tax allowances are taken into account, many subcontractors find they have overpaid and are entitled to a refund from HMRC.
This post looks at everything you need to know about claiming a CIS refund in 2026, including:
- What the CIS refund form is and which form applies to you
- Who is eligible to claim
- How the refund is calculated
- What documents and records you will need
- Common mistakes that can delay or reduce your claim
- How long refunds typically take to arrive
The Construction Industry Scheme is administered by HM Revenue and Customs (HMRC). It applies to most construction work carried out in the UK, covering both sole trader subcontractors and limited company subcontractors – though the refund process differs depending on your business structure.
Practical tip: CIS deductions are not a final tax charge. They are advance payments made toward your overall tax liability. If those deductions are greater than the tax you owe for the year, HMRC should refund the difference – but it is your responsibility to claim it.
If you are unsure whether you are owed money or how to begin a claim, speaking to a qualified accountant can save time and help ensure you recover the full amount you are entitled to.
What Is CIS?
The Construction Industry Scheme (CIS) is a tax deduction scheme operated by HMRC that governs how payments are made between contractors and subcontractors in the UK construction industry.
Under the scheme, contractors are legally required to deduct tax from payments made to subcontractors and pass those deductions directly to HMRC. This applies to the labour element of a payment – materials are generally excluded from the deduction calculation.
The standard CIS deduction rates are:
- 20% – for subcontractors who are registered with HMRC under CIS
- 30% – for subcontractors who are not registered
- 0% – for subcontractors who hold gross payment status, meaning they receive payments in full and settle their own tax directly with HMRC
These deductions are not a final tax charge. They function as advance payments towards your tax liability for the year. When your Self Assessment tax return is submitted or, for limited companies, when your Corporation Tax position is confirmed – HMRC calculates what you actually owe. If your CIS deductions exceed that figure, you are due a refund.
Practical tip: If you are currently unregistered and having 30% deducted, registering for CIS with HMRC will reduce your deduction rate to 20% immediately. This can make a significant difference to your cash flow throughout the year. You can register on the GOV.UK CIS registration page.
CIS applies to most construction work in the UK, including new builds, alterations, repairs, demolition, and civil engineering projects. Some work is exempt including architecture, surveying, scaffolding hire without labour, and carpet fitting. You can find a full breakdown of what is and is not covered in HMRC’s Construction Industry Scheme guidance on GOV.UK.
What Is a CIS Refund?
A CIS refund occurs when the tax deducted from your payments by contractors during the tax year is greater than your actual tax liability once your full financial position is assessed.
This overpayment happens because CIS deductions are calculated on your gross income before any business expenses or personal allowances are taken into account. In practice, most subcontractors have legitimate costs that reduce their taxable profit considerably, which means the deductions made throughout the year often exceed what they genuinely owe.
Common expenses that reduce your taxable profit and therefore increase the likelihood of a refund include:
- Tools, equipment, and protective clothing
- Vehicle costs and mileage for business travel
- Public liability insurance
- Phone and communication costs used for work
- Accountancy fees
- Materials purchased for jobs (where not already reimbursed)
The difference between what was deducted and what you actually owe is the amount HMRC should refund to you. How you reclaim that difference depends on your business structure:
- Sole traders and partnerships – the refund is generated through your annual Self Assessment tax return. HMRC calculates your liability based on your income and expenses, credits your CIS deductions against that figure, and refunds any surplus.
- Limited companies – CIS deductions are offset against the company’s monthly PAYE and National Insurance liabilities. Any remaining credit can be reclaimed separately after the Corporation Tax return is processed.
Practical tip: Even subcontractors on the higher 30% unregistered rate can claim a CIS refund. Registering for CIS reduces future deductions to 20%, but it does not prevent you from reclaiming overpayments already made. Accurate records of your income and expenses are the key to maximising your legitimate refund.
It is important to note that CIS refunds do not arise automatically. You must actively claim by submitting the appropriate return or form to HMRC. Failing to do so means overpaid tax simply remains with HMRC.
Is There a Specific CIS Refund Form?
This is one of the most common points of confusion around CIS refunds. There is no single standalone form that applies to everyone. The process you follow and the form you use – depends on how your business is structured.
Sole Traders and Self-Employed Subcontractors
The majority of subcontractors claim their CIS refund through the Self Assessment tax return. You declare your income and allowable expenses for the tax year, and HMRC credits your CIS deductions against your calculated tax liability. If the deductions exceed what you owe, the balance is refunded.
If you have stopped working in the construction industry during the current tax year and need to claim a refund before the year ends, you may be able to use form CIS40 – available on GOV.UK. This allows individuals to claim repayment of subcontractor deductions in-year, rather than waiting until after 5 April.
If you are a partner in a partnership, a separate form – CIS41 – is used to claim a partner’s repayment of subcontractor deductions.
Limited Companies
Limited company subcontractors do not use the Self Assessment process. Instead, CIS deductions are offset against the company’s PAYE and National Insurance liabilities each month. Where deductions exceed those liabilities, the company can reclaim the surplus using HMRC’s online CIS repayment form – accessed via the Government Gateway or by writing to HMRC by post.
Employees Paid Under PAYE
In some cases, a worker may have been incorrectly treated as a CIS subcontractor when they should have been employed under PAYE. Where tax has been overpaid as a result, a refund may be reclaimed using form R38, or by contacting HMRC directly to request a repayment.
Practical tip: If you are a sole trader who has been working under CIS throughout the year, filing your Self Assessment tax return promptly after 5 April is the most straightforward route to your refund. HMRC has a four-year time limit for claiming overpaid tax, so do not leave previous years unchecked if you think you may have overpaid.
The table below summarises which route applies to each business type:
| Business Type | Refund Route |
|---|---|
| Sole trader / self-employed | Self Assessment tax return (or CIS40 for in-year claims) |
| Partnership | Self Assessment tax return (or CIS41 for in-year claims) |
| Limited company | PAYE offset, then HMRC online form or postal claim |
| Employee (incorrectly on CIS) | Form R38 or direct HMRC repayment request |










