Assessment and due date of levy advance payments

(1) BaFin must, within one year, assess an advance payment on the levy amount for a levy year, after the budget adopted for that levy year has been approved by the Federal Ministry of Finance. The assessment is to be based on the expenditure budgeted in the budget for that levy year. Section 16m(3) to (5) and (7) applies accordingly.
(2) Liable to make the advance payment is whoever was liable to the levy in the last settled levy year and is liable to the levy in the year the advance payment is assessed, unless that person demonstrates, by 1 November of the year preceding the levy year, that it will no longer be liable to the levy in the following year. Where the evidence under the first sentence is not provided in time, the person liable to make the advance payment must make the advance payment for the full levy year even where that person will, in that year, be partly or entirely no longer liable to the levy. A proportionate ascertainment of the advance payment is excluded.
(3) The apportionment of the expected costs to be levied on those liable to make the advance payment is to be ascertained on the basis of the circumstances of the last settled levy year in accordance with sections 16e to 16l. Circumstances within the meaning of the first sentence are the apportionment ratios between the task areas and groups, and the assessment bases for the individual persons liable to the levy.
(4) BaFin determines annually, separately for each task area and each group, a due date for the levy advance payment.
(5) Insofar as the levy amount is expected to exceed the advance payment, BaFin may assess a further levy advance payment for the current levy year. The obligation to make the advance payment is determined under subsection (2). The costs to be levied are to be apportioned in accordance with subsection (3), crediting minimum levy amounts already taken into account. Where the additional advance-payment amount does not exceed EUR 50, it is not to be levied on the person liable to make the advance payment, but on those persons liable to make the advance payment in that person's task area or group whose additional advance-payment amount exceeds EUR 50. BaFin must determine the due date for the advance-payment amount assessed under the first sentence. Where the further advance payment under the first sentence is caused by costs or shortfalls in income overwhelmingly attributable to one task area or group, subsection (2) applies with the proviso that the further advance payment is to be borne only by the persons liable to make the advance payment in the task areas or groups to which the costs or shortfalls in income are overwhelmingly attributable.
(6) Section 16m(6) applies accordingly.