02/06/2026
If HMRC decides that someone you're paying as a self-employed subcontractor is working like an employee, they can reclassify the arrangement. I've seen it happen to construction businesses I work with, and the financial impact is substantial.
When the reclassification happens, the business becomes liable for the employer's National Insurance and the income tax that should have been deducted through PAYE, backdated up to six years. Penalties and interest apply on top, and the liability sits with the business, not the worker.
Depending on how many subcontractors are involved and how long the arrangements have been in place, the total can run into the tens or hundreds of thousands.
Construction is one of the most actively reviewed sectors for this. HMRC pays particular attention to contractors where the same subcontractors appear month after month on the CIS300 returns, which is one of the patterns they associate with disguised employment.
When HMRC assesses whether a subcontractor is genuinely self-employed, they look at the practical reality of the arrangement. The tests cover whether the subcontractor only works for the business in question, whether they use their own tools and equipment, whether they set their own hours and methods, whether they have a genuine right to send someone else in their place, and whether they bear commercial risk on the work they're delivering.
If any of these factors describe arrangements you currently have in place, the position is exposed, because the contract isn't the test. The day-to-day reality of the engagement is what HMRC assesses against.
Get the arrangements reviewed by someone who specialises in employment status in construction. If HMRC reaches a different view, the exposure is too significant to ignore.