Hi,
To provide a full reply we would require further information. We need clarification that the small building contractor is in fact the subcontractor for the developer and, or, client who ‘should be’ the ‘contractor’ but have failed to register for CIS.
It maybe that the developer/client/contractor is a deemed contractor who does not need to register for CIS. You can see information here:
CISR12050 - The Scheme: contractors: ‘deemed’ contractors
We also need to clarify if the ‘small building contractor’ tendered for a project, and was successful, on a fixed price?
Thank you.