Economic Crime (Anti-Money Laundering) Levy Regulations 2022
What this means for your business
- Applies to
- United Kingdom
- On this page
- 11 compliance obligations
What you must do
11 compliance obligations under this legislation.
Notifications 1
Notify HMRC in writing if you missed the review deadline
If you were unable to accept HMRC’s offer to review an economic‑crime levy within the statutory time‑frame for any good reason, you must write to HMRC asking for a review out of time. Do this as soon as your excuse is no longer valid, otherwise HMRC can’t reconsider the levy. In short: keep a record of why you missed the deadline and send a formal request to HMRC immediately once your excuse stops applying.
Payments and fees 6
Notify Gambling Commission, submit levy return and pay AML levy
If your business is liable to pay the Economic Crime (anti‑money‑laundering) levy, you must tell the Gambling Commission about that liability, file the required levy return and then pay the levy. All of this must be done by 30 September after the financial year ends.
Pay AML levy penalty within 30 days
If HMRC serves you with a penalty notice under the Economic Crime (Anti‑Money‑Laundering) Levy Regulations, you must pay the fine no later than 30 days after the notice date. Paying on time avoids further enforcement action and additional charges.
Pay interest on any unpaid AML levy
If your business does not pay the Economic Crime (Anti‑Money Laundering) levy by the due date, you must also pay interest on the amount that remains unpaid. The interest is simple daily interest calculated from the due date until you actually pay the levy.
Pay or repay AML levy/penalty after an appeal
If you have appealed a decision about the Economic Crime (Anti‑Money Laundering) levy and the appeal is decided, you must settle the amount immediately. Any money you over‑paid must be returned to HMRC, and any amount you still owe must be paid within 30 days of the appeal decision.
Pay the AML levy by the FCA‑set due date
If the Financial Conduct Authority tells you in writing that you must pay the anti‑money‑laundering levy, you must pay the amount they specify. The notice will give you at least 30 days to make the payment and will tell you how to pay. Keep the notice and proof of payment for your records.
Submit AML levy return and pay the levy
If your business is liable for the Economic Crime (Anti‑Money Laundering) levy, you must file an AML levy return with HMRC and pay the levy. The return must follow the format set by HMRC, and the payment must be made by 30 September after the end of the relevant financial year.
Record keeping 1
Keep and preserve records for AML levy returns
If your business must pay the Economic Crime (anti‑money laundering) levy, you need to keep all the information required to complete a correct levy return. You must store those records safely so they can be accessed by the tax authority for up to six years after the end of the relevant levy period (or earlier if the authority tells you). The records must be tamper‑evident and any changes must be clearly traceable.
Reporting and filing 3
Provide requested AML levy information to FCA or Gambling Commission
If your business is liable for the anti‑money‑laundering levy, you must hand over any information or documents the FCA or Gambling Commission ask for about the levy. They can set the format and deadline, and you must follow those instructions.
Respond to HMRC levy decision and request review if desired
If HMRC notifies your business of a decision about the anti‑money‑laundering levy that you can appeal, they must also give you a chance to ask for a review. You have to tell HMRC in writing within 30 days (or any later deadline they set) that you want that review, otherwise the opportunity is lost.
Submit a claim to recover any overpaid AML levy
If you have paid more than you owe under the anti‑money‑laundering levy, you must send a repayment claim to the tax authority. The claim has to follow the format and procedure set out in the authority’s notice and must include a signed statement that it is complete and correct. Partnerships must make the claim on behalf of the partnership.
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
44 classified provisions from this legislation.
Duties 14
- s.6 Payment of the levy the Financial Conduct Authority
- s.9 Requirements of a person liable to pay the levy
- s.11 Late payment interest
- s.13 Requirements of a person liable to pay the levy
- s.16 Requirement to provide information or documents where the appropriate collection authority is the Financial Conduct Authority or the Gambling Commission
- s.17 Duty to keep and preserve records it
- s.18 Repayment of overpaid levy
- s.19 Claim for repayment of overpaid levy
- s.22 Penalty notices
- s.24 Payment of penalty
- s.26 Right to review where the HMRC Commissioners are the appropriate collection authority they
- s.27 Review out of time
- s.28 Review procedure the HMRC Commissioners
- s.33 Payment of levy or penalty where appeal has been determined levy or penalty overpaid
Powers 10
- s.3 Determination as to which appropriate collection authority is to exercise functions
- s.5 Information requirements
- s.7 Late payment interest
- s.14 Amendment of an economic crime (anti-money laundering) levy return
- s.20 Financial penalties
- s.25 Recovery of unpaid amounts by the HMRC Commissioners
- Amendment of an economic crime (anti-money launder Amendment of an economic crime (anti-money laundering) levy return
- Assessment by the Gambling Commission of amounts o Assessment by the Gambling Commission of amounts of levy due
- Assessment by the HMRC Commissioners of amounts of Assessment by the HMRC Commissioners of amounts of levy due
- Replacement assessments by the HMRC Commissioners Replacement assessments by the HMRC Commissioners
Exemptions 4
- s.31 Amounts of levy due must be paid before appeal except in cases of hardship
- s.32 Settling of appeals by agreement
- Payment of levy after assessment by the Gambling C Payment of levy after assessment by the Gambling Commission
- Payment of levy following assessments by the HMRC Payment of levy following assessments by the HMRC Commissioners