Construction Sector

What this file is

A sector overlay for construction contractors, subcontractors, developers, and design-build firms.

Section 1 — Revenue recognition for long-term contracts

1.1 IFRS 15 / ASC 606

• Performance obligation satisfied over time — if any of: Customer simultaneously receives and consumes the benefits (typically for routine services); Work creates or enhances an asset the customer controls; No alternative use to seller + enforceable right to payment for work performed to date ([T1])
• Input method — proportion of costs incurred to total expected costs — most common for construction. ([T1])
• Output method — units produced / milestones / surveys — used where measurable units.
• Uninstalled materials — exclude from cost-to-cost calculation to avoid overstating progress (IFRS 15 IE19 example). ([T1])

1.2 US tax — long-term contracts (IRC §460)

• Long-term contract — one not completed within the tax year started. ([T1] IRC §460)
• Percentage of Completion Method (PCM) — required for most contracts; based on cost-to-cost. ([T1])
• Small Contractor Exception — exempt from PCM if: Average annual gross receipts ≤ USD 30m (2025; indexed); Contract estimated to complete within 2 years ([T1])

Small contractor may use Completed Contract Method (CCM) or Cash method for short-duration contracts.

• Home Construction Contract Exception — residential construction not required to use PCM. ([T1])

1.3 Look-back interest (US)

• §460(b)(2) look-back interest — at completion of long-term contract, recompute PCM based on actual rather than estimated costs; if difference creates over- or under-payment, interest computed. ([T1] §460(b)(2))

Section 2 — UK Construction Industry Scheme (CIS)

• CIS overview — A withholding regime for payments by contractors to subcontractors in construction operations. ([T1])

2.1 Contractor obligations

• Verify subcontractor with HMRC — Contractor must verify subcontractor with HMRC
• Gross payment status deduction — 0% percent
• Registered subcontractor deduction — 20% percent
• Unregistered subcontractor deduction — 30% percent
• Monthly CIS return (CIS300) — by 19th of month
• Payment of CIS deducted — by 22nd (electronic) / 19th (cheque)

2.2 Subcontractor

• Register as contractor — if employs other subbies
• Gross payment status turnover threshold — GBP 30k per individual / GBP 30k per partner / GBP 200k per company GBP
• Recover CIS deductions — Recover CIS deductions against own tax liability

2.3 Scope

• Construction operations — include site preparation, demolition, installation, building, painting/decorating, alteration. Excludes architecture, engineering, surveying. ([T1])
• Mixed contracts — full CIS applies unless the construction element is incidental and minor. ([T1])

Section 3 — UK Domestic Reverse Charge for Construction VAT

• Effective date and applicability — Effective 1 March 2021 — domestic reverse charge applies to most construction services in the UK construction supply chain (subject to certain exceptions for end-user / intermediary supplier). ([T1])

3.1 Mechanics

• Invoice notation — Supplier issues invoice without VAT (notation: "reverse charge applies; customer pays VAT directly")
• Customer VAT accounting — Customer accounts for output VAT on their return AND recovers as input VAT (subject to standard rules)
• Net cash effect — nil for customer
• Disadvantages — smaller supplier cash flow worsens (no VAT on receipts)

3.2 Scope

• Reverse charge scope — Same as CIS for "construction services" between VAT-registered parties — supplier must charge reverse charge to other contractors. Excludes: Supplies to "end-users" (the final customer in the chain — typically the developer or building owner); Supplies to "intermediary suppliers" (those who acquire and on-supply construction services to end-users) ([T1])

3.3 End-user / intermediary supplier notification

• Notification requirement — End-user / intermediary must notify supplier in writing; failure to notify means supplier should charge VAT normally.

Section 4 — Construction VAT

4.1 New-build residential

• UK — Zero-rated (Item 2(a) Group 5 Schedule 8 VATA) ([T1] Item 2(a) Group 5 Schedule 8 VATA)
• France new-build residential VAT — Reduced rate 5.5% for social housing (HLM); 10% for certain renovations ([T1])
• Germany new-build residential VAT — Standard 19% on most; some construction services in residential sector exempt ([T1])
• Italy new-build residential VAT — 4% on first-home purchase; 10% on non-first-home new build ([T1])
• Spain new-build residential VAT — Reduced 10% on new residential ([T1])

4.2 Renovation

• UK renovation VAT — Reduced rate 5% for certain residential renovation (over-2-years empty; energy-saving materials) ([T1])
• EU renovation VAT — Reduced rates per Annex III PVD allowed ([T1])

4.3 Land

• Land VAT treatment — Most jurisdictions exempt sale of unimproved land. UK option to tax permitted for commercial land. ([T1])

5.1 Retention

• Retention practice and accounting — Construction contracts typically retain 5-10% of each progress payment for defects liability period. Accounting: Contract asset (under IFRS 15 / ASC 606) for amount earned but not billed; Retention receivable recognised when retention released; Bad debt provision for retention if collection uncertain ([T1])

5.2 Progress billing

• Progress billing treatment — Issue progress invoice based on completion; Recognise revenue on % completion (not invoice timing); Variance between billed amount and earned revenue → contract asset (earned > billed) or contract liability (billed > earned) ([T1])

Section 6 — Subcontractor classification

• Employment vs self-employed status — material in construction: US: §530 relief; misclassification penalties; specific Department of Labor (Davis-Bacon) prevailing wage requirements on federal contracts; UK: IR35 test for personal service companies; off-payroll worker rules; Many jurisdictions: "deemed employment" tests for construction subcontractors ([T1])

Section 7 — Reviewer brief

1. Contract register — every active project
2. Revenue recognition — PCM input method calculation per contract
3. Uninstalled materials exclusion documented
4. CIS register (UK) — subcontractor list with status, deductions, monthly returns
5. Domestic reverse charge VAT (UK) — supply chain map, end-user notifications
6. New-build VAT zero/reduced rate claim support
7. Contract assets / liabilities reconciliation
8. Retention schedule by project / customer
9. Long-term contract look-back interest (US)
10. Subcontractor employment status assessments
11. Reviewer questions — [T2]/[T3] items

Section 8 — Self-checks

• Long-term contracts on PCM input cost-to-cost
• Uninstalled materials excluded from cost-to-cost
• Small contractor exception applied where eligible (US)
• CIS subcontractor verification current (UK)
• CIS return CIS300 filed monthly
• Domestic reverse charge applied where required (UK)
• End-user notification documented (UK)
• New-build zero/reduced rate VAT supported with HMRC notice/EU PVD reference
• Retention receivable recognised when contractually due
• Look-back interest computed at contract completion (US)
• Subcontractor employment status documented (IR35 / §530 / Davis-Bacon)
• Output flags every [T2]/[T3] item for reviewer judgement

Section 9 — Disclaimer

Construction sector taxation is highly fact-specific. Outputs must be reviewed by credentialed construction sector practitioners. The most up-to-date version is at openaccountants.com.