FEES 10.2 1Pensions guidance levy

A firm must pay the pensions guidance levy applicable to it:

1. (1)

   in full and without deduction; and

2. (2)

   in accordance with this chapter.

1. (1)

   A firm must pay the pensions guidance levy applicable to it within 30 days of the date of the invoice to which that sum relates, unless any of (2) to (5) apply.

2. (2)

   If the firm has applied to cancel its Part 4A permission under SUP 6.4.5D (Cancellation of permission), the firm must pay the pensions guidance levy applicable to it on the date of its application.

3. (3)

   If the FCA has exercised its own-initiative powers to cancel a firm's Part 4A permission, the firm must pay the pensions guidance levy applicable to it immediately before cancellation takes effect.

4. (4)

   If the firm receives or extends its permission during the fee year, the firm must pay the pensions guidance levy applicable to it within 30 days of that date.

5. (5)

   If:

   1. (a)

      the due date falls during an emergency period as set out in GEN 1.3.2R (Emergencies); and

   2. (b)

      the firm has reasonable grounds to believe that those circumstances impair its ability to pay the pensions guidance levy applicable to it;

   the firm must pay the pensions guidance levy applicable to it on or before the fifth business day after the end of that emergency period.

The pensions guidance levy applicable to a particular firm is calculated as follows:

1. (1)

   identify each of the activity groups in FEES 10.1.1R (2) that apply to the business of the firm for the relevant period;

2. (2)

   calculate the amount payable under FEES 10.2.4 R for each of those activity groups;

3. (3)

   modify the result in accordance with FEES 10.2.5 R if applicable; and

4. (4)

   apply any payment charge in FEES 4.2.4 R.

The amount payable for a particular activity group is calculated as follows:

1. (1)
   1. (a)

      calculate the size of the firm's tariff base for the activity group using:

      1. (i)

         the tariff base calculations in Part 3 of FEES 4 Annex 1A; and

      2. (ii)

         the valuation date requirements in Part 5 of FEES 4 Annex 1A;

   2. (b)

      exclude best estimate liabilities for fees purposes3 in the calculation for fee block A4;

2. (2)

   use the figure in (1) to calculate the levy applicable for each band in FEES 10 Annex 1;

3. (3)

   add together the sums for each applicable band under (2); and

4. (4)

   the amount in (3) is the amount payable by the firm for that activity group.

For the first fee year during which FEES 10 applies to a firm's permission to carry on a regulated activity, the pensions guidance levy applicable to that permission must be modified using the formula in FEES 4.2.7FR2.

For FEES 10.2.4 R, a firm may apply the relevant tariff bases and rates to its non-UK business, as well as to its UK business, if:

1. (1)

   it has reasonable grounds for believing that the cost of identifying the firm's UK business separately from its non-UK business is disproportionate to the difference in the pensions guidance levy payable by it; and

2. (2)

   it notifies the FCA in writing:

   1. (a)

      at the same time as it provides the information concerned under FEES 4.4 (Information on which fees are calculated); or

   2. (b)

      if earlier, at the time it pays the pensions guidance levy applicable to it.

The pensions guidance levy is calculated using the same information that is used to calculate a firm's periodic fee under FEES 4.

Where a firm which has not complied with FEES 4.4.2 R (Information on which fees are calculated) in relation to a particular fee year the pensions guidance levy for that firm for that fee year is calculated using (where relevant) the valuation(s) of business used to calculate the pensions guidance levy for that firm for the previous fee year, multiplied by the factor of 1.10.

1. (1)

   All levies payable under FEES 10 are stated net of VAT.

2. (2)

   Where VAT is applicable, this must also be included.