Status: Please note you should read all Brexit changes to the FCA Handbook and BTS alongside the main FCA transitional directions. Where these directions apply the 'standstill', firms have the choice between complying with the pre-IP completion day rules, or the post-IP completion day rules. To see a full list of Handbook modules affected, please see Annex B to the main FCA transitional directions.

FEES 13A.2 Obligation to pay the IML levy

FEES 13A.2.1R

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.

Calculation of the TPR IML levy

FEES 13A.2.2R

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.

FEES 13A.2.3R

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.

TPR IML levy commencement

FEES 13A.2.4R

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.

FEES 4 rules incorporated into FEES 13A by cross-reference

FEES 13A.2.5G

1The Handbook provisions relating to the TPR IML levy in FEES 13A are meant to follow closely the provisions relating to the payment of the periodic fees in FEES 4. In the interests of brevity, not all of the provisions in FEES 4 are set out again in FEES 13A. In some cases, certain FEES 4 rules are applied to the payment of the TPR IML levy by individual rules in FEES 13A. The rest are set out in the table in FEES 13A.2.7R.

FEES 13A.2.6R

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.

FEES 13A.2.7R

1Table of rules in FEES 4 that also apply to FEES 13A to the extent that in FEES 4 they apply to fees payable to the FCA

FEES 4 rules incorporated into FEES 13A

Description

FEES 4.2.4R

Method of payment

FEES 4.2.10R

Extension of time

FEES 4.3.7R

Groups of firms

FEES 4.3.17R

Firms acquiring businesses from other firms