Part 2

Regional secondary contributions holiday for new businesses

Making of deductions or refunds
8
1
To the extent that the appropriate amount is attributable to secondary Class 1 contributions payable in respect of earnings paid in a tax year it may be deducted from any one or more Class 1 contributions payments made by P in respect of that tax year.
2
If the amount which P would be entitled to deduct under this section exceeds the amount of the payments from which it can be deducted, HMRC must instead refund the excess to P if P requests them to do so.
3
No deduction or refund may be made under this section until an application has been submitted to, and granted by, HMRC.
4
An application must contain such information, and must be made in such form and manner, as is specified by HMRC.
5
No application may be made for a refund in respect of a qualifying employee after the end of the period of 4 years beginning with the day on which the last deduction could be made in respect of the qualifying employee.
6
For the purposes of—
a
Part 2 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999, and
b
Part 3 of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671),
(decisions and appeals), the decisions to which this subsection applies are decisions of an officer of Revenue and Customs under section 8 of that Act or Article 7 of that Order.
7
Subsection (6) applies to—
a
a decision whether P is or was entitled to make a deduction under this section and, if so, the amount that P is or was entitled to deduct, and
b
a decision whether P is entitled to a refund under this section and, if so, the amount of the refund.