State duty awarded by the court, what is it: payment procedure and determination of the amount of state duty

All Russian citizens face state duties in one way or another. Payment of this fee accompanies the daily life of Russian residents. State fees are charged for obtaining passports and driver's licenses, for entering into and dissolving marriages. They apply to both individuals and entire organizations, and for the latter the amount of duties increases. Starting from 200-300 rubles, state fees can reach several tens or even hundreds of thousands of rubles - depending on the procedure they accompany. Today we will talk about what methods the state provides for paying such monetary fees and where it is most convenient to pay the state duty.

Where to pay the state fee

What is state duty

State duty is a certain amount of money that a citizen must pay when applying to government agencies, be it local government or a certain official. There are a variety of state fees - for replacing a passport, for obtaining a driver's license, for registering a lease agreement, for applying to the registry office, and so on. As a rule, the amount of this fee is not large, but its payment is a prerequisite for receiving a particular service.

Payment of state duty can be made by the following categories of citizens:

• natural person;
• legal entity;
• individual entrepreneurs.

State duty is paid by both individuals and legal entities

Depending on their focus, state duties can be one of two types:

• sums of money used to pay for various operations at the administrative level. Such actions have direct legal significance and include events such as registration of individual entrepreneurs, provision of duplicate documentation, and so on;
• sums of money allocated to compensate for legal costs. A state fee is collected from a citizen if, as a result of a court hearing, a decision was made that is at odds with his interests. The citizen also pays the costs if he wishes to appeal the results of the meeting to higher authorities.

Receipt for payment of state duty: validity period

• Transactions on registration of rights to real estate have a clear procedure for regulation, therefore all terms of their payment are regulated by law. As a rule, payment is made on the eve of the conclusion of the transaction or on the same day, but before the procedure for registering the right. The state duty will be valid for one calendar year, but in case of a reasoned refusal to register a real estate transaction, the payment will be non-refundable.

• For a vehicle driver's license - if you have a document confirming payment of the payment, you can apply for a driver's license within one calendar year.
• The state fee for registering a car is also valid for a year and must be paid at the time of registration of the vehicle - no later than 10 days from the date of purchase of the car or other transport.
• The validity period of the paid state fee for issuing a foreign passport, regardless of whether it is an old or new sample and whether the fee was paid through the State Services website, bank or ATM, will also be 1 year.
• Regarding the state fee for issuing or replacing a Russian passport, the validity of the state fee for these actions will be limited to the period of replacement of the passport - no later than 1 month after reaching 20, 45 years of age and from the moment of changing the last name, first name or patronymic.
• When registering or dissolving a marriage, the marriage or divorce procedure is carried out a month after applying to the registry office or another period if there is a queue, respectively, exactly this period - 1 calendar month - will be the state duty for these actions.

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If persons who filed an application for divorce or marriage registration did not appear after 1 month to complete the procedure or received a reasoned refusal (to register a marriage), in accordance with Article 333.40 of the Tax Code of the Russian Federation, the paid state duty is not refundable.

• The amount of court state fees depends on the amount specified in the statement of claim and directly depends on it. If during the court hearing the amount of the claim changes, within the period established by law the citizen will be obliged to make an additional payment or return the overpaid amount.

Amount of state duty

As you might guess, the amount of duty paid by a citizen directly depends on its type. Moreover, in some cases the duty is fixed. For example, when replacing a driver’s license, a motorist pays two thousand rubles. If we are talking about some more specific issues that involve litigation, then the fee is set on an individual basis.

The size of the state duty can vary from several hundred rubles to several thousand

Reference. The website gosuslugi.ru provides a special system of discounts when paying state fees online. Thus, for most such operations a discount of thirty percent of the original cost of the duty is provided.

It should be noted that legal entities, as a rule, pay state duty in a much larger amount than individuals. In some cases, the cost of the duty can increase up to ten or even twenty times. For example, if a citizen applies to the court on a non-property issue, he pays a state fee of one hundred rubles. If a similar question arises from a legal entity, then it pays a fee of two thousand rubles.

A certain percentage of the cost of the service is charged when considering:

• divorce petitions;
• challenging decisions made by government bodies;
• cases requiring individual consideration.

The state fee may be a certain percentage of the cost of the statement of claim itself.

For example, if the cost of the claim was ten thousand rubles, and the state duty is four percent, then the citizen will have to pay an additional two hundred rubles.

Sometimes, to calculate the state duty, it is most convenient to use special calculators, which require indicating the size and type of legal claims, as well as the specifics of the authority to which the application is being submitted. The calculator calculates the final cost of the duty taking into account the Tax Code.

State duty to court

When filing administrative claims to challenge legal acts in court, the state duty for citizens will be 300 rubles; for legal entities 4500 rubles; the size of the fee will be similar when challenging non-normative acts of the highest authorities of the Russian Federation;

• with a claim price of up to 20,000 rubles. the state duty is 4%, not less than 400 rubles;
• with a claim price of 20,001 rubles. up to 100,000 rub. The amount of the state fee to the court is determined by the amount of 800 rubles. and 3% of the amount exceeding 20,000;
• with a claim price of 100,001 rubles. up to 200,000 rub. The amount of the state fee to the court will be 3200 rubles. plus 2% of the amount, more than 100,000 rubles;
• with a claim price of 200,001 rubles. up to 1,000,000 rub. The state duty will be 5,200 rubles. and 1% of the amount over 200,000 rubles;
• finally, if the value of the claim is more than 1,000,000 rubles. The amount of the state duty is determined by adding 13,200 rubles. and 0.5% of the amount exceeding 1,000,000 rubles, but not more than 60,000 rubles.

Who pays the state fee

At first glance, the answer to the question of who will bear the costs of applying to government agencies is very simple - the state fee is paid by the applicant. However, this procedure has its exceptions. If the court receives an application from an individual entitled to certain benefits, and this citizen subsequently wins the case, then all costs are borne by the defendant who was defeated.

The state fee is paid either by the applicant or the losing defendant.

Benefits for paying state fees

Some citizens of the Russian Federation are exempt from paying state fees when applying on absolutely any issue. Moreover, this benefit may apply not only to individuals, but also to government bodies. The list of beneficiaries is shown in the image below.

Categories of citizens exempt from paying state duty

Features of paying state fees to court in 2021

If there is no receipt, the claim will be returned to the applicant without reviewing it. According to clause 1 of clause 1 of Article 333.19 of the Tax Code of the Russian Federation, the state duty is determined based on the price of the claim: It turns out that the amount of payment is determined by the price of the claim, but cannot be less than 400 rubles. But in some cases the duty is paid as a fixed amount. Art. 22 of the Code of Civil Procedure of the Russian Federation On the amount of mandatory state fees in courts of general jurisdiction, Art. 24 Code of Civil Procedure of the Russian Federation On the concept of the court of first instance, Art. 333.19 Tax Code of the Russian Federation On the rules for calculating and amounts of state duty Art. 333.19 Tax Code of the Russian Federation Applicable to obtaining a court order Art. 333.19 Tax Code of the Russian Federation On claims of a property or non-property nature Art. 333.41 Tax Code of the Russian Federation On the possibility of installments when paying a fee

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Requisites

Details for paying the state fee are individual in nature and are determined by:

• the region in which the citizen applies to the government agency;
• the specifics of the government body and the list of issues that it considers.

Receipt for payment of state duty

The details are a specific set of characters that will make it possible to make a payment. You can obtain this information in two ways:

• find out from the employees of the relevant government agency - in most cases, the citizen is immediately provided with a receipt, which indicates all the information necessary for payment. However, not all authorities have the right to charge fees themselves;
• visit the website of the government agency, in one of the sections of which the information necessary for the applicant is usually posted (however, not all regional bodies have websites).

Failure to pay state fees to court consequences

State duty is a mandatory payment established by law and throughout the entire territory of the Russian Federation, levied for the performance of legally significant actions or the issuance of documents, including for actions performed by the court to consider, review, resolve civil cases, for the issuance of copies of documents by the court. 1) courts for filing statements of claim containing claims of both a property and non-property nature at the same time, the state fee established for claims for statements of a property nature, and the state fee established for claims of a non-property price;

Where is payment made?

A citizen can pay the state fee at any bank branch - to do this, it is enough to provide the details. Payment is possible both in cash and in non-cash form. After the money is sent to the citizen, a check will be provided (sometimes payment orders are issued), which it is advisable to keep later.

In addition to all other methods, the state fee can also be paid at the MFC

In what cases is a refund possible?

Sometimes it happens that due to circumstances, an individual or legal entity may be returned the money that was spent on paying the state duty. Valid reasons on which a refund may be made include the following:

• a partial refund is due if, due to an error, an individual or legal entity deposited a larger amount compared to its standard amount;
• a full refund occurs in circumstances where a government agency, for certain reasons, refuses to consider the case. However, if desired, the applicant can leave a receipt for the paid state duty and not pay it again when applying again. The applicant can take advantage of this feature within three years from the date of payment;
• a full refund also implies those situations in which an individual or legal entity, of their own free will, refuses to contact a certain government agency. However, in order to obtain the right to a refund, the applicant must pay the state fee even before the application itself, otherwise the service will be considered provided.

A refund for the state fee is possible if you refuse to use the paid service.

In order to receive funds spent on state duty, you must write a special application addressed to the Federal Treasury. The applicant can return his money over the next three years.

State duty: payment, details, receipt, payment

12) individuals recognized in accordance with the established procedure as needing to improve their housing conditions - for certifying transactions for the acquisition of residential premises, fully or partially paid for through payments provided from the federal budget, budgets of constituent entities of the Russian Federation and local budgets; 19) for issuing permits to conduct clinical trials of medicinal products for medical use on applications submitted before the entry into force of the Federal Law of April 12, 2010 N 61-FZ “On the Circulation of Medicines”, as well as on applications submitted after the entry into force by virtue of Federal Law No. 61-FZ of April 12, 2010 “On the Circulation of Medicines”, on the basis of examinations carried out before the Federal Law of April 12, 2010 No. 61-FZ “On the Circulation of Medicines” came into force;

01 Jan 2021 marketur 697

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State duty for a Russian passport

The amount of the state fee for a passport depends on the reasons why the identity card is changed. If the change of passport is associated with the onset of a certain age, then the fee is 300 rubles. If the document has to be changed due to the fault of its owner (as a result of loss or damage), then this procedure will cost five times more - 1,500 rubles.

So, there are several places where you can pay the fee for a new passport:

• bank. Despite the fact that most information certificates list Sberbank as a bank, in addition to it you can resort to the services of any other credit enterprises that accept payments in favor of the state. As a rule, payment can be accepted both in cash and in non-cash form. It should be borne in mind that in some cases banks can only accept cards that were issued by them;

  You can pay the state fee either through an ATM or through a bank cash desk.

• terminal. Most banks have terminals, the menu of which includes a section that allows you to pay state fees using the number indicated on the receipt. In all banks, the procedure for making payments is slightly different, so if difficulties arise, it is recommended to contact a consultant;
• online banking. You can use online banking if a citizen is registered on the website of a certain bank and has his own personal account linked to the card. Then he will not need to visit the bank office to go to the cash desk or terminal. All you have to do is open the app and transfer money to the appropriate recipient. Most large banks offer online banking, so this service is widely available.

  Payment of state duty through Sberbank-online

Let's take a closer look at using a terminal or ATM when paying state fees. Since the partition systems of most bank terminals are similar, we will consider only one option for paying fees using a Sberbank ATM. So, to transfer money to the state account you will need to perform several actions:

• card insertion;
• entering a PIN code;
• go to the “Payment in our region” section;
• search for the “Taxes, fines, state duties” section, and then select the “State duties and fees” option;
• entering the recipient's TIN;
• entering the data specified in the payer’s passport;
• choice of duty type;
• depositing the required amount;
• receiving checks (the ATM issues two at once - both of them will need to be kept until the payment is confirmed by government officials).

Payment of state fees via ATM

Reference. Some ATMs impose a commission for those customers who use cards from other banks. As a result, the amount charged may increase by several percent.

How to file a claim without state duty?

Well, the evidence in the case has been collected, the claim has been written... However, in order to go to court with a statement of claim, you still need to pay the state fee. For this reason, many people wonder whether it is possible to file a claim without state duty and how to do it? In this article, our lawyers located in Cheboksary decided to tell you about how to file a claim without state duty. They will list the main nuances and explain how to file a claim without paying a state fee (state fee), i.e. in installments, because without payment, the court will leave your claim without progress.

Attention

Important:
we do not consider cases where the plaintiff, by virtue of the law, is exempt from paying state duty (Tax Code of the Russian Federation, Article 333.35. Benefits for certain categories of individuals and organizations).

From words to action!

The amount and procedure for paying the state duty when filing a claim in court are established by the Tax Code of the Russian Federation (Tax Code of the Russian Federation Chapter 25.3. State duty). The fact of payment of state duty in non-cash form is confirmed by a payment order. The fact of payment of the state duty in cash is confirmed by the original receipt of the established form issued by the bank.

But due to various circumstances, the plaintiff is not always able to pay the state duty, especially when its amount is large. In this case, simultaneously with filing the statement of claim, it is necessary to submit a request for an installment plan or deferment of payment of the state fee. Such a request can be placed

, both directly in the text of the statement of claim, and formalize it as a separate document attached to the claim.

A deferment or installment plan for the payment of state duty is a change in the deadline for its payment, if there are grounds provided for by law, for a period not exceeding one year, respectively, with a one-time or phased payment of the debt amount.

The possibility of obtaining a deferment and installment plan for the payment of state duty is provided for in Article 102 of the Arbitration Procedural Code of the Russian Federation and Article 90 of the Civil Procedural Code of the Russian Federation, which refer us to the Tax Code of the Russian Federation (Tax Code of the Russian Federation Chapter 25.3. State Duty). The Tax Code of the Russian Federation establishes the grounds and procedure for granting a deferment and postponement of the payment of state duties, which are practically the same when applying to any courts on the territory of the Russian Federation.

The court has the right to defer (in installments) the payment of the state duty if the plaintiff presents sufficient and convincing evidence

the fact that his property and financial situation does not allow him to pay the entire amount of the state duty at a time on the day the claim is filed, however, there are sufficient grounds to believe that the possibility of paying the state duty in full will arise during the period for which the deferment or installment plan is granted.

How to make someone believe?

What evidence can be taken into account by the courts when considering and satisfying a request for a deferment or installment payment of the state duty?

Documents establishing the property status of the plaintiff - legal entity (LE) or individual entrepreneur (IP) include:

• information from the tax authority about all accounts of legal entities or individual entrepreneurs opened in banks and other credit institutions, indicating their names and addresses;
• data confirmed by the bank (banks) on the absence of funds in the corresponding account (accounts) in the amount necessary to pay the state duty, as well as on the total amount of debt of the owner of the account (accounts) under writs of execution and payment documents.

Organizations in respect of which a voluntary liquidation procedure is being carried out or one of the bankruptcy procedures has been introduced must also confirm the validity of their application for deferment of payment of the state duty with such evidence.

The plaintiff (applicant) is not required to provide documents

, indicating that he has applied to banks or other credit institutions to obtain borrowed funds, as well as documents indicating that he does not have liquid property through the sale of which the state duty could be paid.

If an individual entrepreneur does not have a bank account, then in addition to information from the tax authority about the absence of accounts (closing of accounts), his difficult property situation can be confirmed by an income statement, a certificate from the tax authority about unpaid taxes, a certificate from the bailiff service about existing and unpaid taxes IP of enforcement proceedings, other documents on the requirements presented to the individual entrepreneur, etc.

A citizen has the right to justify the lack of funds to pay the state duty with any documents

, including a salary certificate, a certificate from the employment center about the amount of unemployment benefits paid if the citizen is unemployed, information from the pension fund about the amount of pension if the plaintiff (applicant) is a pensioner, as well as a copy of the pension certificate, copies of writs of execution and other documents on monetary claims made against him, data on property owned by him, documents confirming disability or the status of a single mother, documents on family composition, if the applicant is dependent on disabled or minor citizens, etc.
A citizen’s request for a deferment (installment plan) for paying state fees will most likely be rejected by the court
if the citizen limits himself to simply pointing out his difficult financial situation without attaching any evidence.

Certificates and documents indicating the impossibility of paying the state duty at a time and in full must be current

, since they must confirm the property status of the plaintiff at the time of filing a claim in court.

Sometimes it makes sense to pay a small part of the state duty, and ask for a deferment for the remaining unpaid part of the state duty. In such cases, the courts, let’s say, are more willing to accommodate the plaintiff.

and satisfy his request for deferment/installment payment of the state duty.

Deferment period for payment of state duty

For what period of time is a deferment (installment plan) for payment of state duty granted? Deferment and installment payment of state duties is granted for a period not exceeding one year (Article 64. Procedure and conditions for granting deferment or installment payment of taxes and fees). When applying to the court for a deferment (installment plan) of payment of the state duty, the plaintiff must indicate the period during which, based on his financial situation, he has the opportunity to pay the amount of the state duty in installments - in installments, or the period by which his property and financial situation will change to so much that it will allow him to pay the state duty in full - if deferred.

As our practice shows, most often the courts grant a deferment of payment of the state duty until a decision is made in the case

. By issuing a final judicial act, the court decides on the distribution of legal costs between the parties in accordance with procedural law.

The court has the right to extend the period of deferment of payment of state duty

at the end of the period for which it was provided. This extension, as well as the repeated granting of a deferment in the payment of state duty, is not prohibited by law and is possible subject to the plaintiff filing a new petition with the attachment of new documents confirming its validity and the preservation of the plaintiff’s difficult financial situation. However, the duration of each deferment cannot exceed one year.

Good to know!

There are also other ways to solve the problem associated with the lack of funds in the amount necessary for a one-time payment of the state duty.

Most often, a large amount of state duty accrues for claims of a property nature. In this case, we recommend doing the following: in the claim, indicate a smaller amount than you justify in the text of the claim

. Since the state duty directly depends on the amount collected, naturally the amount of the state duty will be less. Subsequently, when considering the claim, you increase the claim to the amount that you can justify; in this case, you do not need to pay additional state duty. In this case, the missing amount of state duty is paid within ten days from the date the court decision enters into legal force. But if your claim against the defendant is satisfied, then in this case you will not have to pay the state fee at all, since it will be fully recovered from the defendant as the losing party.

Not provided for by law

mandatory issuance of a separate judicial act on the satisfaction of the request for a deferment (installment plan) of payment of the state duty. Therefore, the results of its resolution are usually reflected in an independent paragraph in the text of the ruling on the acceptance of the statement of claim for proceedings and on the preparation of the case for trial.

In exceptional cases, when the incompleteness of the documents submitted by the plaintiff does not allow an objective and comprehensive resolution of the request for a deferment (installment plan) of payment of the state duty, the court has the right to leave the statement of claim without progress and invite the plaintiff to substantiate the request with additional evidence.

It is also worth keeping in mind that if the duty itself is not large

(for example, in disputes of a non-property nature), then a request for a deferment (installment plan) of payment of the state duty will be considered as inappropriate.

Keep in mind

that if the court rejects the request for a deferment or installment payment of the state fee, the statement of claim with all attached documents is returned to the plaintiff without considering the claim itself, so we always recommend taking legal advice, because this will help minimize the risk of missing the statute of limitations. But this is a completely different topic...

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State duty for a foreign passport

The cost of the state fee for a foreign passport depends on two criteria:

• applicant's age;
• sample document.

In order to present the information more clearly, we will use a table.

Table 1. Amounts of state duty for a foreign passport

The prices listed above do not take into account the discount that is provided when paying the state fee through the State Services portal.

International passport of old and new samples

When replacing a foreign passport, payment of the state fee is made in the same manner as when replacing a passport of a citizen of the Russian Federation. To deposit funds, you can use the services of bank tellers, terminals or online banking. You can also make a transfer using the State Services website - gosuslugi.ru.

Payment of state duty through State Services

In order to make a payment using the government services website, you will need to carry out several simple steps, which we will demonstrate by paying the fee for a foreign passport.

Step 1. First of all, a personal account is created (this step is skipped if you already have a personal account).

Your personal account on the government services portal requires confirmation for activation

Step 2. After logging into your account, you need to go to the section “Registration of a foreign passport for a citizen of the Russian Federation”.

The section dedicated to obtaining a foreign passport can be found on the popular website

Step 3. Next, the site will offer the applicant a choice between old and new passports, which have a number of differences, one of which is the validity period. A new-style passport is valid for ten years, while an old-style passport is valid for five.

Before choosing one of the samples, it is advisable to study the characteristics of each

Step 4. Then you should indicate your age, since the amount of the state duty will depend on it.

Age affects the final cost of document processing

Step 5. At the end of the procedure, the applicant will be offered an electronic application, which he will need to fill out. The site independently prompts the user which documents will be required to fill out.

List of documents required to fill out an application for a passport

Step 6. As soon as the applicant sends his data, they will be reviewed, after which (if the application was filled out correctly) the citizen will be able to find a payment receipt in his personal account.

Receipt for payment of state duty for a foreign passport

Step 7. After payment is made, the applicant will be sent an invitation to one of the departments of the Main Department of Migration Affairs of the Ministry of Internal Affairs (based on his registration address) in his Personal Account. Please note that when visiting the Main Department of Migration Affairs of the Ministry of Internal Affairs, you will need to take with you all the documents (originals) that the citizen used when filling out the application.

To obtain a foreign passport you will need to visit the Main Migration Department of the Ministry of Internal Affairs

You can read below about what documents are required to obtain a foreign passport for adults and children.

Documents for obtaining a passport

State fee for a driver's license

The state fee for replacing a driver’s license is 2,000 rubles. The payment methods for this procedure have many similarities with the previous ones, but they also offer new options. So, to pay the state fee for your license, you can use the following services:

• bank (both cash desks and terminals);
• online banking;
• State Services portal;
• by Russian Post (to do this, you will need to request the appropriate receipt from postal employees and fill it out);
• traffic police departments.

Receipt for payment of state duty for a driver's license

It should be noted that payment of state duties and car fines using Russian Post has existed for quite a long time, but in recent years it has faded into the background. Long queues and the need to manually fill out paperwork make this option not very convenient, which does not allow it to compete with Internet portals or ordinary bank branches.

Reference. In order to fill out a receipt at the Russian Post Office, you will need to find in advance the traffic police details that will be required for the form. All this data is on the official website of the traffic police, so for convenience you can print it out in advance. Moreover, you can download the form itself from the traffic police website and fill it out at home, then take it to the post office.

Budget classification code for payment of state duty for replacement of rights

If we talk about traffic police departments, most of them are equipped with special terminals, which in their way of operation are in many ways reminiscent of bank ATMs, but their functions are more specialized. Thanks to these terminals, payment of the fee can be carried out at the traffic police department itself - this is done for the convenience of the driver, who will not need to leave the department to transfer the required amount.

Video: How to pay the state fee for the rights of State Services

Other methods of paying state fees through Sberbank

But given that not all clients can access Internet banking services, Sberbank also provides other methods by which you can send payment of state fees. Having taken the details from the court, you can go to the cashier, and you need to have your passport with you. The disadvantage of this method is the need to wait in line. But if errors are made during payment, responsibility for this falls directly on the cashier.

The client's role in cash service is that he must give a sheet with details, pay money and receive in return a receipt that confirms the payment. The middle option between the Internet bank and the cash desk would be a terminal; at least one of these devices is definitely installed in the Sberbank office. To work with it, you will need details or a receipt with a barcode that can be read.

The step-by-step procedure looks like this:

• a client card is inserted into the terminal and its PIN code is entered for authorization;

• a person must go to the payments section, then to the group;

• the form that opens will require you to enter details or read the barcode present on some receipts. It is necessary to check the correctness of the data provided and only then indicate the payment amount;
• You can deposit funds either in cash or by debiting money from your card;
• actions are confirmed, you may need to enter a one-time code or re-authorize with a PIN code.

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All that remains is to print out the receipt and take it with you to the magistrates’ court or another court, where the paper is attached to the application or complaint.