The National Insurance Contributions Act 2011 (which relates to the Employer NICs Holiday scheme) has now received Royal Assent.

Employers who had chosen to wait until after the Bill was passed before applying for the scheme can now complete their application without concern that the criteria will change.

The scheme can be applied retrospectively. If a new business which proves to be eligible for the scheme started during the 2010–11 tax year, HMRC have confirmed that once they are in receipt of the relevant Employer Annual Return (form P35 and form P14s) and Employer NICs Holiday End of Year Return (which will be sent out once the initial application has been submitted), a refund will be issued for the amount that the employer was entitled to withhold during 2010–11.

In a change to the original application process, it is also now possible for authorised agents to complete the application on behalf of their clients.

Further information is available at http://www.hmrc.gov.uk/paye/intro/nics-holiday/eligibility.htm