FEES 7B The DA levy

This chapter applies to every person listed in FEES 1.1.2R(5).

A firm is not liable to pay a DA levy in relation to payment services or electronic money issuance if it is the Bank of England, a government department, a local authority, a municipal bank or the National Savings Bank.

In accordance with GEN 2.3 (General saving of the Handbook for Gibraltar), rules or guidance in FEES 7B that immediately before IP completion day applied in relation to or in connection with Gibraltar will continue to apply after IP completion day. The exceptions to this provision are the fee rates set out in Part 4 of FEES 7B Annex 1R, which may change each fee year.

A firm must pay the DA levy applicable to it:

1. (1)

   in full and without deduction (unless permitted or required by a provision in FEES); and

2. (2)

   by 1 August or, if later, within 30 days of the date of the invoice in the fee year to which that sum relates.

Where 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 7B.2.1R and the annulment takes effect after 1 August or after the invoice referred to in FEES 7B.2.1R(2) has been issued, then the date for payment referred to in FEES 7B.2.1R(2) does not apply, but the person must pay the DA levy applicable to it in full and without deduction, on the date on which the annulment takes effect.

The DA levy is calculated as follows:

1. (1)

   identify each of the activity groups set out in Part 1 of FEES 7B Annex 1R that apply to the business of the firm for the relevant period (for this purpose, the activity groups under FEES 7B Annex 1R are defined in that Annex or in accordance with Part 1 of FEES 4 Annex 1AR);

2. (2)

   for each of those activity groups, calculate the amount payable in the way set out in FEES 7B.2.3R;

3. (3)

   add each of the amounts calculated under (2);

4. (4)

   modify the result as indicated by the table in FEES 4.2.7ER, FEES 4.2.7FR, FEES 4.2.7GR, FEES 4.2.7HR, FEES 4.2.7IR, FEES 4.2.7JG and FEES 4.2.7KR (if applicable);

5. (5)

   apply any applicable payment charge specified in FEES 4.2.4R to the amount in (4), provided that:

   1. (a)

      for payment by direct debit, successful collection of the amount due is made at the first attempt by the FCA; or

   2. (b)

      for payment by credit transfer, the amount due is received by the FCA on or before the due date; and

6. (6)

   make the calculations using information obtained in accordance with Part 3 of FEES 7B Annex 1R in the case of Part 2 of that Annex.

The amount payable by a firm with respect to a particular activity group is calculated as follows:

1. (1)

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

   1. (a)

      the tariff base calculations in Part 2 of FEES 7B Annex 1R; and

   2. (b)

      the valuation date requirements in Part 3 of FEES 7B Annex 1R;

2. (2)

   the amount payable in (1) is the amount payable by the firm with respect to that activity group.

For the purposes of FEES 7B.2.3R:

1. (1)

   a firm 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 firm’s UK business separately from its non-UK business in the way described in Part 2 of FEES 7B Annex 1R 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 4.4 (Information on which fees are calculated), or, if earlier, at the time it pays the fees concerned;

2. (2)

   for a firm which has not complied with FEES 4.4.2R (information on which fees are calculated) or FEES 4.4.8D (Information relating to payment services and the issuance of electronic money) for this period, the DA levy is calculated using (where relevant) the valuation or valuations of business applicable to the previous period, multiplied by the factor of 1.10.

The rules set out in the table in FEES 7B.2.7R, and any other rules in FEES 4 included in FEES 7B by cross-reference, apply to the DA levy in the same way as they apply to periodic fees payable under FEES 4.3.1R.