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Section 16o

Difference between the levy amount and the advance payment

(1) Where a shortfall arises after crediting the levy advance payments made against the assessed levy amount, it must be paid, after notification of the assessed levy amount, at a time determined by BaFin.
(2) Where the advance payment made exceeds the assessed levy amount, or the advance payment was made by a person definitively not liable to the levy, the overpayment must be refunded. BaFin may order that refunds under the first sentence be credited against the next advance-payment claim.
(3) Claims to reimbursement of overpayments within the meaning of subsection (2) become time-barred if not asserted by the end of the fifth calendar year after the calendar year in which the assessment of the levy amount or the setting-aside of the advance-payment notice became unchallengeable.

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