FEES 13A.2 Obligation to pay the IML levy

1A TP person must pay the TPR IML levy applicable to it:

1. (1)

   in full and without deduction by 1 August (or, if later, within 30 days of the date of the invoice) in the financial year to which the sum relates; and

2. (2)

   in accordance with the rules in this chapter.

2Where the FCA grants a person’s application for annulment of a cancellation or variation of Part 4A permission under Schedule 6A to the Act and the person falls within FEES 13A.2.1R and the annulment takes effect after 1 August or after the invoice referred to in FEES 13A.2.1R(1) has been issued, then the date for payment referred to in FEES 13A.2.1R(1) does not apply, but the person must pay the TPR IML levy applicable to it in full and without deduction, on the date on which the annulment takes effect.

1The TPR IML levy is calculated as follows:

1. (1)

   identify whether activity group CC2 applies to the business of the TP person for the relevant period (for this purpose, the activity group is defined in accordance with Part 1 of FEES 4 Annex 1AR);

2. (2)

   calculate the amount payable in accordance with FEES 13A Annex 1R;

3. (3)

   a TP person in activity group CC2 must calculate its tariff base using the annual income calculation in Part 3 of FEES 4 Annex 1AR and FEES 4 Annex 11BR (including only business undertaken from a branch in the UK) and the valuation date requirements in Part 5 of FEES 4 Annex 1AR.

1For the purposes of FEES 13A.2.2R:

1. (1)

   a TP person may apply the relevant tariff bases and rates to its non-UK business, as well as to its UK business, if:

   1. (a)

      it has reasonable grounds for believing that the costs of identifying the TP person’s UK business separately from its non-UK business in the way described in Part 3 of FEES 4 Annex 1AR and Part 3 of FEES 4 Annex 11R are disproportionate to the difference in fees payable; and

   2. (b)

      it notifies the FCA in writing at the same time as it provides the information concerned under FEES 13A.2.2R(3), or, if earlier, at the time it pays the TPR IML levy concerned.

2. (2)

   for a TP person which has not complied with FEES 13A.2.2R(3) for this period, the TPR IML levy is calculated using (where relevant) the valuation or valuations of business applicable to the previous period, multiplied by the factor of 1.10.

1The TPR IML levy under FEES 13A relate to the whole of any fee year and are due for payment from the commencement of the fee year. Any payment made under FEES 13A.2.1R is not refundable.

1The rules set out in the table in FEES 13A.2.7R and any other rules in FEES 4 included in FEES 13A by cross-reference apply to the TPR IML levy in the same way as they apply to periodic fees payable under FEES 4.