How to return state duty from the arbitration court? Grounds and conditions for full and partial return, procedure and procedure for return, documents required for this


Definition

First, let's define the key features of the payment in question. State duty is a sum of money that is charged by specially authorized organizations and institutions for carrying out legally significant actions in favor of citizens or citizens. We are talking, in particular, about the issuance of documents, the provision of public services, certification of contracts, powers of attorney, wills, other expressions of will, state registration of transactions or enterprises, etc. The authorized institutions are: judicial, law enforcement, financial authorities, notary offices, civil registry offices and so on.

In Russia, the procedure for paying state duty is regulated by Chapter. 25.3 NK. The Code provides a more detailed definition of the payment we are interested in. According to the Tax Code, a state duty is a monetary fee that is levied on organizations and individuals when they apply to government agencies, local government structures or other institutions, as well as to officials authorized by federal, regional and local legislation to carry out legal actions established by the Tax Code , except for those carried out by consular offices of the Russian Federation. The issuance of documents and duplicates is recognized as legally significant actions, but the provision of copies will no longer be considered as such.

Pay or pay state duty

Hello, in this article we will try to answer the question “Pay or pay the state duty.” You can also consult with lawyers online for free directly on the website.

The correct spelling and pronunciation would be quot;paidquot;. quot;Paidquot; allowed in colloquial speech (colloquial speech). But quot; paidquot; doesn't even sound like vernacular

Source: https://dostavkin31.ru/avtorskoe-pravo/2712-gosposhlinu-oplatit-ili-uplatit.html

A little history

The term "toll" comes from the word "to go." At first, the concept meant “what came from goods.”

The history of the duty began a very long time ago. For example, in the Middle Ages this payment was used very often. A fee was then called a fee collected for the use of bridges and roads. Feudal lords were paid for performing judicial functions, maintaining order and implementing other important management tasks. However, the most popular were fees for entry and movement within the state, principality or individual city. Foreign merchants also paid for the right to sell their goods.

How did it happen that the duty became a state tax? By the 17th century State borders were clearly defined. Customs houses were created to control the movement of people from one country to another. It was from this time that duties began to be considered as one of the instruments of economic regulation.

In Ancient Rus', they collected the so-called myt - an analogue of customs duty. The gathering took place in places where carts and boats were parked. Already in the 12th century. Myt became an official state tax. But all this relates to the customs sphere. How were things going in other areas of public life?

In the 12th century. the system of state and local government was quite extensive. The ruler of Rus' was considered the Grand Duke, whose relatives sat in appanages, and therefore were called appanage princes. In addition, there were governors (in cities) and volosts (in volosts). They dealt with issues of territorial significance and received a kind of reward for their work - food. It could be either in monetary terms or in kind. At the same time, the population paid for almost everything: weddings, divorces, trials. The governors received payment even for arriving in the city. They lived, of course, very well.

Receipt for payment of state duty tax

It's easier to find a legal entity. a company that will do all this. I am one of those who said that it is not difficult. This is really not difficult, but the cost of the services of a law firm is 3-7 thousand rubles, and they organize everything, the transfer of money and the contract and verification, so why torture yourself and then think that tomorrow your wife’s brother, a prisoner, will come and settle in one of the rooms in your apartment, if all you have to do is give these pennies. Although it's up to you

You know, you can, of course, try to shake up your license, or somehow come to a good agreement with the Fed so that they accept your receipt. There’s nothing wrong with it, in the grand scheme of things, that you paid in cash. So, for example, when registering an LLC or changes, the tax office only accepts receipts. Yes, and I once submitted documents to the Federal Reserve for registration of property rights - I constantly paid the state duty on my own behalf (from the representative) as an individual. So I think you have every right to pay from the director of the LLC. Another thing is that if your Fed gets into a pose, then it’s unlikely that anything can be done with it. And this happened to me. Only with the Federal Tax Service. I had to pay an extra thousand to the assholes.

We recommend reading: Salary or wages how to write correctly

Is a state fee a fee or a tax?

This question arises for many people. It is quite reasonable. The fact is that state duty is a payment included by law in the country’s tax system. Accordingly, it can be considered as a special type of tax. The similarity lies in the mandatory contribution to the budget and the application of all general rules to payment. The difference lies in the targeted nature of the payment and remuneration. After all, in return for paying the state fee, the applicant receives a counter-provider - the required service. This does not happen with taxes.

From the above information comes the answer to another burning question - where does the state duty go? Amounts are transferred to the federal, regional or local budget depending on the level at which the body to which the payer applies is located. Each such structure issues a receipt indicating the details for paying the state duty. Today, you can make a deduction in a variety of ways. Recently, online payment has become a popular option. If for some reason the applicant was not issued a receipt, you can obtain details for paying the state fee from the office of the relevant authority. In this case, the applicant will have to enter them into the receipt form with his own hand.

State duty is a payment established by federal law. Consequently, it is obligatory for deduction throughout the entire territory of the state. Amounts, in accordance with Art. 50, 56, 61, 611, 612 BC are credited according to the standard of 100% to the budget of the corresponding level.

How to correctly pay or pay the duty

The amount and procedure for paying state duty is established by Article 333 of the Tax Code. The state fee is charged not only for registering real estate transactions, but also, for example, for registering an individual entrepreneur, for making changes to a passport, for issuing a foreign passport, when going to court, etc. In fact, the state duty is a payment for the provision of public services.

Payment order for payment of state duty - sample 2019-2019

However, the inspection did not return the money within the prescribed period, and the company decided to appeal to the Moscow Arbitration Court with a statement declaring the inaction of the tax authorities illegal, as well as with a demand for the return of the overpayment in the specified amount and payment of interest in the amount of 990 rubles.

State duty to court: calculation and payment

When filing an application with the court, you must provide the original receipt for payment of the state fee. This could be a payment order from a bank or a check terminal. If you paid the state fee online, you need to contact your bank and have your payment order stamped (or receive an original payment order).

If you need to go to court with a claim, you should know that some categories of cases are considered by judges free of charge, and for some you need to pay a state fee. What is the state duty to the court, how are calculations made, what does the amount of the claim consist of, what categories of citizens are eligible for payment, where and how to pay the state duty?

What details are needed to pay the state fee for a driver’s license in 2021?

Please note: regardless of where you originally issued your license, the common database allows you to replace your license at any branch closest to you.

Accordingly, the details for paying the state fee for replacing a driver’s license must contain the data of the traffic police department to which you plan to apply. You can also find this information on the official website of the State Traffic Inspectorate.

After entering all the data, the device will transfer funds to pay the state fee for issuing a driver’s license with the correct BCC. However, it is worth considering that the terminal does not give out change, so the funds remaining after the payment can be transferred either to a mobile phone number or to pay for another government service.

Receipt of payment or payment as correct

I was stopped by the traffic police and issued a fine for speeding. Since this was my first fine, I asked the traffic police officers in detail where and how to pay it.

They explained that it is better to do this at Sberbank - this way the information will quickly enter the traffic police database. No sooner said than done, I paid and forgot.

But in May I left my car where it was not supposed to, and it was towed away within 10 minutes of my absence.

To fill it out yourself, you will need to know the details of the examination unit of the State Traffic Inspectorate, which will replace the driver’s license. Any bank employee can fill out a payment slip using a computer. This operation is paid separately.

UIN for state duty

Whatever we pay, be it state duties, taxes, fines, etc., terminals and banks require us to fill out a field indicating the UIN.

According to the logic of the legislator, this detail should help determine the purpose of the payment received to the budget. It looks like a digital code and is a unique combination for a specific payment.

For state duty, the UIN has its own meaning, and you can find it out from the recipient of the funds to whom the state duty is transferred.

State duty for individual entrepreneur registration - who should pay and how much?

Entering the TIN is not necessary, since it will be assigned to the individual entrepreneur upon registration, but without the TIN it is impossible to make an electronic payment. The type of payment, codes, bank details of the registering service and the amount of the fee are indicated automatically.

After entering all the necessary data step by step, a receipt is generated automatically in full and displayed on the screen. It must be checked for errors in personal data, otherwise payment will not be made directly.

After this, you can print the document and take it to the bank.

Payment order for payment of state duty to the arbitration court: sample

As for filling out payment orders for state fees to the arbitration court, they are filled out according to the generally accepted rules for filling out payment orders in 2021. The details of the recipient of the state duty (name of the arbitration court, INN, KPP, OKTMO, bank account) can be found directly in the court or on its website. When filling out the fields, fill out the main positions like this:

State duty is a mandatory fee paid when filing a claim.

In 2021, the fee is transferred to the Arbitration Court of First Instance, to the Arbitration Court of Appeal and is paid strictly in accordance with the payment details.

Here are the main amounts of the state duty, which in 2019 are applied when applying to the arbitration courts of the Russian Federation and the Supreme Court of the Russian Federation (in cases considered in accordance with the Arbitration Procedural Code of the Russian Federation):

How to pay or pay state duty correctly

The price of the claim includes only what is valued by the plaintiff, for example: a car, an apartment, etc. - subject to payment. The price of the claim also includes the amounts of penalties (penalties) indicated in the statement of claim. Fees, legal costs - expenses for a representative, expert, etc. - do not affect the determination of the price of the claim.

If you mean temporary registration, then 10 years will not work; at most for a year, and when a year has passed, then you need to renew the registration of this or that person at your management company and write an application for renewal of registration of this or that person again for a year and so on until such a time when you don’t get tired, but utility bills that are added for the added one or more people will increase by a year, but only you will have to go to the gas station, too, and if separately for electricity, then confirm there as well about the decrease in those registered.

Unified State Exam 2015

DICTIONARY OF PARONYMS

SUBSCRIBER – SUBSCRIPTION

Subscription. The right to use something for a certain period of time (for example, books, a telephone, a place in a concert hall, etc.), as well as a document confirming such a right. Buy a subscription to concerts at the conservatory.

ARTISTIC – ARTISTIC

Artistic. 1. Characteristic of artists. Artistic cafe.2.Characterized by artistry; the same as artistic Artistic nature. 3. Very skillful, virtuosic; same as artistic. Artistic work.

Artistic. The same as artistic (in the 2nd and 3rd meaning). Artistic performance.

POOR – DISTRESSED

Poor. 1. Possessing very meager income, poor or indigent. Poor man

.
2.trans. Having a lack of something, meager. Poor house
.

Disastrous. 1. Filled with disasters and hardships. Plight

.

IRRESPONSIBLE – IRRESPONSIBLE

Unresponsive.1. Not receiving, not giving an answer, response to something . An unrequited look.

2. Incapable of objecting, contradicting, very meek.
An unrequited person.

Irresponsible. Not bearing or not recognizing responsibility. Irresponsible person.

SWAMPY – SWAMPY

Marshy. Abundant with swamps, marshy. Swampy area.

Bolotny. Characteristic of a swamp; color reminiscent of water in a swamp. Swamp lights.

GRATEFUL – GRATEFUL

Grateful.1. Feeling or expressing gratitude. A grateful person.

2.
transfer
Allowing you to expect good results, justifying the expended effort and money.
Grateful topic.
CHARITABLE – CHARITABLE

Charitable. Aimed at providing financial assistance to the poor. Charity.

Beneficial. Having a good effect, great benefit . Beneficial influence.

INHALE - INHALE

Inhale. Every single intake of air into the lungs, every single inhalation. Deep breath.

Sigh. Intensified inhalation and exhalation (usually as an expression of some feeling). A sigh of relief.

CENTURY – ETERNAL

Century old. Perennial, long-standing, existing for centuries. A centuries-old tradition.

Eternal. Infinite, timeless. Eternal ice. Eternal disputes.

GREAT – MAJESTIC

Great. Exceeding the general level, ordinary measure, significance, outstanding. The Great Russian Language.

Majestic. Filled with greatness. Majestic achievements.

REPLENIZE – REPLENISH – REPLENISH – REPLENISH – REPLENISH

Replenish. Add what is missing, replenish; reimburse. Fill knowledge gaps.

Add. Add new data, information to what others have said. Add a speaker.

Fill. To make someone full, busy, saturated with something. Fill the tank with water.

Top up. Increase by adding a new quantity to an existing quantity. Replenish the library with missing books.

HOSTILE – HOSTILE

Hostile. 1. Extremely hostile, full of enmity, hatred. Hostile relationship.

2. Enemy, hostile.
Hostile side
.

Hostile. Peculiar to the enemy, belonging to the enemy. Enemy projectile.

CHOSING – ELECTING

BENEFITS – PROFITABLE

Benefit. Benefit, advantage. Think about your benefit.

Profitability. Something that brings benefit, income. Profitability of a business or enterprise.

ISSUING – RECOVERING – TRANSFERING – DISTRIBUTION

Recoil. 1. Maximum labor efficiency. Works with dedication

. 2. Return kick, throwing the ball back in the game (sports). 3. Moving backwards, pushing a gun, a firearm after a shot (military)

2. A mechanism that transmits movement from one part of the device to another. Hydraulic transmission. 3. What is broadcast on radio and television. Interesting show. 4. Things, products transferred to someone (to a hospital, prison). Bring the package.

PAYMENT – PAYMENT – PAYMENT – PAYMENT

Payment. Money paid for something . Payment of postage.

Pay. 1. Remuneration for work. Wage

.
2. Reimbursement of the cost of something. Service fee.

I was sure that I couldn’t write “pay the difference.” And Gramata’s answer confirms this:

Question No. 287512 In what cases is the word “pay” used, and in what cases “to pay”? Russian help desk response

Pay - what they pay for: study, travel, treatment, services. Pay – what is paid: fee, fine, penalty.

Source: https://nalog-plati.ru/voprosy/kak-pravilno-uplata-ili-oplata-poshliny

Payment functions

The object of state duty is legal actions, services of local, regional, state authorities, other authorized structures and officials. The list of such services is fixed by the Tax Code and is closed. In total, it provides more than 200 types of services. They can be divided into 4 groups and correlated with payment functions:

  1. Notary fee. It is established for all notarial actions established by law.
  2. Judicial state duty - for statements of claim, complaints, petitions, and other appeals filed in courts.
  3. Registration fee - for state registration of legal entities, individual entrepreneurs, transactions, computer programs, databases, civil status acts, etc.
  4. Administrative state fee. It is established for the issuance of documents upon acquisition/renunciation of citizenship, entry into the Russian Federation or exit from the country.

From December 29, 2010, no fee is charged when corrections are made to a document for errors made by the official or body that issued it when performing a legal action.

Determination and purpose of state duty

State duty in the tax code is a monetary fee

According to the official definition, a state duty is a government fee levied by official bodies for processing documents and performing certain actions in the interests of organizations and individuals.

The fee is collected by all institutions of the judicial system, notary offices, police, registry offices and other organizations that ensure interaction between the citizen and the state machine.

The duty is paid when registering new acts of civil status and issuing certificates, when registering legal entities, going to court, filing complaints, etc. In essence, the state duty is a mandatory tax fee that the state charges from citizens and organizations for performing any significant actions on processing documents or complying with laws.

Funds received from duties become one of the sources of replenishment of the state budget, and in the future their expenditure is determined by the authorities. Like any other taxes, it is mandatory; income can go to the federal and local budgets. There are several types of state duties:

  1. Judicial. It has to be paid when applying to the Constitutional Court, arbitration courts, courts of general jurisdiction, as well as when applying to magistrates. Typically the fee is paid by the losing party, although in some cases it may be split equally between the plaintiff and the defendant.
  2. Registration. In this case, registration of civil status records, legal entities and other types of entrepreneurial activity is paid, as well as registration of computer programs and various databases.
  3. Administrative. It must be paid when processing documents related to entry into or exit from the Russian Federation.
  4. Notary. Notary services are also paid; Article 333.24 of the Tax Code identifies 26 types of notarial actions. These include certification of powers of attorney, contracts, constituent documents, certificates of inheritance, etc. In fact, a fee will have to be paid every time you contact a notary office.

The amounts of duties for each type are determined by the Tax Code; they will be the same in all regions of Russia.

Tax law norms

To calculate the taxable base, either the cost of the service provided to the applicant or the cost of the claim is taken into account. There is usually no tax period. This is due to the peculiarities of the payment deduction deadlines provided for by the Tax Code.

Typically, the state fee is transferred before the required legal action is performed. However, there are exceptions to this rule. In these cases, a tax period is established, and the duty is levied after the action is completed:

  • Within 10 days after the court decision comes into force, if an individual or organization is the defendant, the decision is not made in their favor, and the plaintiff is exempted from paying the fee.
  • Until March 31 of the year following the year of registration of the vessel in the register of the Russian Federation or (when applying for annual confirmation of registration) the last year of registration.

State duty is paid to the budget

I had to check. It is unlikely that you will take anything from them. Statement of claim to the magistrate's court in the civil office. With copies for each party, with a receipt for state payment. duties. State duty based on the claim price. How much do you want to reimburse? See the Tax Code of the Russian Federation, the amount of the duty is established there. In courts, there is usually information on the payment of state fees on stands. duties. No it doesn't work. I don’t know how it is in St. Petersburg, but in Moscow there is a single state enterprise for all districts, in Mosk. region each region has its own. In different regions of the Russian Federation, each FMS is assigned to the place from which it receives funding. It turns out that you are the one who paid for doing nothing, and the others are harnessed))).

Rates

The Tax Code provides for tariffs used in calculating state duties depending on the body performing the legal action, the nature of the document being drawn up or the specifics of the transaction being registered.

According to the Code, the rate can be expressed in a fixed amount, mixed - proportional or progressive.

The system for calculating the proportional rate on property documents depends on the degree of relationship. A progressive rate implies an increase in the payment amount as the tax base increases. The amounts of these tariffs may be additionally limited by maximum and minimum limits. In some cases, the rate takes into account the unit of document volume (for example, with a page-by-page certificate).

State duty

State duty is a sum of money determined by law that is subject to payment to the budget for applying to government bodies at various levels.

The Tax Code of the Russian Federation contains fundamental provisions regulating the grounds and procedure for paying state duty, and also determines its size for each specific case of application to a particular body of a particular category of payers, and also provides for cases of exemption from its payment.

State duty is a payment to the budget collected from the payer in cases of appeal to government agencies, including local government or to officials who are empowered to perform actions of a legally significant nature in favor of the applicant.

The exception is cases of application to the country's consular offices.

Here you can learn more about the procedure for obtaining a new international passport.

Payer means:

  • individuals;
  • individual entrepreneurs;
  • legal entities.

In fact, duty payment cases can be divided:

You can learn more about the procedure for filing a cassation appeal from this article.

State duty amount

Depending on the basis for paying the state duty, it can be fixed - a specific amount in monetary terms is determined, or it can be calculated on an individual basis, since only a percentage of, for example, material claims stated in the claim is legally defined.

You can learn more about the procedure for dividing marital property in more detail here.

Thus, the state fee in court for claims of a non-property nature, or property, but not requiring assessment, is determined for an individual in the amount of 100 rubles, for a legal entity - 2000 rubles.

For cases of special proceedings, applications for divorce, challenging acts of government agencies, etc. the amount is also determined in hard monetary terms.

The fee for property claims depends on the value of the claim as a percentage provided for in Article 333.19 of the Tax Code of the Russian Federation.

For example, a claim for an amount up to 10,000 rubles is subject to a duty of 4%, but not less than 200 rubles.

On an individual basis, a state duty calculator will help you with your calculations, which takes into account not only the size and type of legal claims, but also the specifics of the instance (Supreme Court, Constitutional Court, arbitration or general courts) taking into account the current provisions of the Tax Code of the Russian Federation.

In addition to the general rule that provides for payment of the fee, at the legislative level there are cases of exemption from it for certain categories of entities, or cases that do not require payment of the fee at all .

such cases are set out in the Tax Code of the Russian Federation, Article 333.35. The same legal norm also provides for cases of granting tax benefits.

Taking into account the fact that the details for paying the state duty are individual for each specific region and the body empowered to perform legally significant actions in favor of payers , you can obtain the desired details in two ways:

  • go to the appropriate authority, the court to which you intend to apply, and clarify the necessary details on the spot;
  • go to the website of the relevant authority or court, where information of this kind is required to be posted.

State duty payment locations

Payment is made at any bank branch in cash or non-cash form.

Based on the payment results, the payer must have either a receipt or a payment order, depending on the chosen payment method.

A number of bodies may independently collect payment ; in this case, an official of the body must also issue a receipt in the established form to the payer.

Regardless of the place of payment and the document received, it will need to be attached to the package of documents necessary to perform paid actions.

If this is not done, the action will be refused and the package of documents will be returned, which will require a second application.

Issues of refund of state duty are also regulated by the Tax Code of the Russian Federation, in particular Art. 333.40 of the specified legal acts.

It provides reasons for return , which include:

  1. payment of the corresponding payment in excess of the established amounts. In this case, the refund is made in part and is the difference between the amount paid and the amount due;
  2. refusal to accept or return an application for notarial acts. However, if such a situation occurs, the amount paid may be offset against the payment of the fee for repeated application in the future, without returning the state duty already paid. The only condition is that no more than 3 years should pass from the moment of payment to the moment of re-application;
  3. the application to the court, regardless of category, was left without consideration or the proceedings were terminated;
  4. the payer, before contacting the relevant authority, refused to perform the paid actions.

In all cases, the refund is made by the Federal Treasury upon a written application from the payer.

https://www.youtube.com/watch?v=Gvl1ygOkTHE

The application for return is submitted to the body or official authorized to carry out the paid procedure.

The statute of limitations for filing the relevant application is also limited to 3 years from the date of deposit of funds.

Thus, a fairly large number of functions and actions of government bodies at all levels and judicial bodies are subject to state duty.

Depending on the category of payer and the action performed, the payment amount varies.

In addition to the general rule providing for mandatory payment of the duty, the legislation defines benefits for its payment to a certain category of persons, as well as cases of exemption from its payment altogether.

This is due to both the specifics of the actions being performed and the subject in relation to whom they must be carried out.

Since the duty is charged for the performance of certain actions in favor of the payer, there are also cases of refunds of paid payments in the event of failure to perform the required actions, both on the initiative of the payer and on the initiative of the government authority.

What is the state fee for registering a marriage in the Russian Federation?

The amount of payment of the state fee is 350 rubles as of January 1, 2021 , regardless of the registry office and the city. But, unfortunately, today there are cases when the amounts announced are different.

This, in fact, can be called a registry office fraud, when the state duty for marriage from January 1, 2021 comes with the offer of mandatory additional services. This shouldn't happen.

It is imperative to pay attention to all types of services provided in the registry office, from the traditional ceremonial Mendelssohn waltz to the congratulatory speech of the guests.

The amount of the state fee for registering a marriage with a traditional version of painting is the same for all regions. If you were offered to pay a fairly high amount, arguing that this was additional wedding services, then it is better to choose another registry office.

Today it is known that certain changes have been made to the cost of services of registry offices. But it is worth considering that the price of registering a marriage depends on the city, the registry office itself and the ceremonial services provided.

The fee for registering a marriage 2021 is 350 rubles, including the issuance of a certificate. It is rare that there is a fixed price for all types of services without any restrictions. So, in any case, you will have to focus either on the desired ceremonial part, or on financial capabilities.

Source: https://urist.one/obshhestvo/nalogi-i-sbory/chto-takoe-gosposhlina.html

How to pay the state fee at a discount?

In ch. 25.3 of the Tax Code provides for about 90 benefits provided to fee payers. Their types are established depending on the actions performed, the category of subjects, etc.

The benefit for paying state duty can be conditional or unconditional. To receive the first one, a certain condition must be met. For example, when preparing inheritance documents, an exemption on payment of state duty is provided for persons who lived with the testator until the moment of death. An unconditional benefit (for example, a discount on payment of a fee of 50%) is established for disabled people 1, 2 gr.

In addition, there is a complete exemption from transferring payments to the budget. This benefit, in particular, is provided to cultural institutions and other organizations and bodies receiving budget funding. Certain categories of citizens are also exempt from the obligation to pay state duty: disabled people and participants of the Second World War, Heroes of the USSR and the Russian Federation, full holders of the Order of Glory.

It should also be said about the benefits provided depending on specific legal actions. For example, plaintiffs may not pay the fee:

  • on applications for recovery of wages, benefits and other claims arising from labor law;
  • public organizations of disabled people acting as applicants and respondents.

State duty to which budget is paid?

A state duty (or “state duty”) is a fee levied on citizens or legal entities when applying to government agencies to perform any legally significant actions.

Note that these legally significant actions are listed by law; each of them has its own state duty - it and only this is the payment for the action required by the citizen or organization.

The state duty is established and regulated by Chapter 25.3 of the Tax Code of the Russian Federation. It refers to federal taxes, that is, regional authorities do not have the right at their level to establish any rules regarding state duties.

Refund

The grounds for refund or offset of state duty are set out in Art. 333.40 Tax Code. The fee is refunded to the payer, in accordance with the norm, in whole or in part if:

  1. The applicant paid an amount exceeding the amount provided for in Chapter 25.3 of the Tax Code.
  2. The complaint, application or other appeal was returned, their acceptance was refused or the requested notarial actions were refused.
  3. The proceedings in the case were terminated or the application was left without consideration in the arbitration court or instance of general jurisdiction.

If the amount of the fee has not been returned to the payer, it will be counted towards the payment of the fee upon re-application, unless the three-year period from the date of the previous decision has expired and the applicant has presented the original receipt.

If a settlement agreement is concluded before the arbitration court makes a ruling, 50% of the paid state duty must be returned to the plaintiff. However, this rule does not apply to situations where the said agreement was drawn up at the stage of execution of the decision.

State duty paid or paid

› The need to pay state duty may arise for any individual or legal entity when contacting government agencies in the territory of the Russian Federation.

This type of mandatory fee applies to the state’s implementation of many legally significant procedures, represented, for example, by the preparation of certain documentation or the official registration of certain rights.

Depending on the area of ​​legal relations that requires the payment of state duty, its size is different, but the procedure for paying the corresponding receipt is always the same. How and where you can pay the state duty will be discussed in today’s material.

Sberbank payment terminals State duty is a type of compulsory fee carried out by the state in order to provide the budget for many government organizations.

Payment of state duty is necessary in many situations.

As a rule, most of them are associated with contacting government agencies for the purpose of carrying out any legally significant procedures: preparation of documentation, registration of personal rights, organization of legal proceedings, and the like.

State duty 2020

A state duty (or “state duty”) is a fee levied on citizens or legal entities when applying to government agencies to perform any legally significant actions.

Note that these legally significant actions are listed by law; each of them has its own state duty - it and only this is the payment for the action required by the citizen or organization.

The state duty is established and regulated by Chapter 25.3 of the Tax Code of the Russian Federation.

We become a duty payer when:

  1. we apply for the performance of legally significant actions to the bodies authorized to carry them out;

State duty paid incorrectly

As my colleague correctly pointed out, the plaintiff paid the state duty correctly.

Even if the state duty was paid incorrectly, this would not be a basis for canceling the decision, because all the reasons are mentioned by a colleague above. Perhaps you can try to overturn a court decision that does not suit you on the specified grounds; show the decision to a lawyer, tell the situation.

I can help you draw up an appeal against the decision.

  1. citi Regular Apr 18 2010, 16:30
  1. Lawyer court is a school where respect for human dignity must be taught.

    Apr 18 2010, 16:47

Section 333.40. Grounds and procedure for the return or offset of the state duty 4) refusal of persons who have paid the state duty to perform a legally significant action before contacting the authorized body (official) performing (performing) this legally significant action 3.

Pay state duty

  1. Do I need to pay a state fee when re-filing for divorce?
  2. Do I need to pay a state fee when filing an objection to a debt lien claim?
  3. Do pensioners pay a state fee when filing a claim?
  4. Do I need to pay a state fee for appealing a ruling to eliminate typos?
  5. What amount of state duty is paid when dividing a house after a divorce?
  6. Do I need to pay a state fee when obtaining a license after deprivation?
  7. Is the state duty paid for a complaint under an administrative claim?

If it is difficult for you to formulate a question, call, a lawyer will help you: Free from mobile and landline Free multi-channel telephone If you find it difficult to formulate a question, call a free multi-channel telephone, a lawyer will help you 1. Is the state duty paid for a complaint in an administrative claim.

State duty: payment, details, receipt, payment

Organizations and individuals are recognized as state duty payers in the following cases: they apply for legally significant actions; act as defendants in courts of general jurisdiction, arbitration courts, or in cases considered by magistrates (if the court decision is not made in their favor or the plaintiff is exempt from paying state duty).

You can easily Sample an individual entrepreneur registration receipt - Details of the state duty must be found in the tax authority at the location of these courts where the hearing of the case took place, or in government organizations on the walls and stands.

State fee for registration of a legal entity (when applying through multifunctional centers) (18210807010018000110) 4000 rub.

Government duty

State duty

is a mandatory monetary fee that citizens of the country pay to the treasury when using certain government services.

Among them, the following can be noted: (, and etc.); notarial actions of all types; acquisition of citizenship and renunciation of it (exit); entry into and exit from state borders; registration of any civil acts (, , , , , etc.); registration of medicines of the state category; registration of political

Amount paid or paid

The company's next step was to apply to the court to declare illegal the inaction of the inspectorate, which refused to offset the overpaid amounts of taxes.

Non-artistic amateur activity. — All authors — How to pay taxes correctly. The company’s next step was to go to court to declare illegal the inaction of the inspectorate, which refused to offset overpaid taxes. Paid or paid as correct? payment (tax, fine).

Explanation: Intuitively, I would assume that they pay for what they receive (work, purchase, services), and pay for what they simply give (contribution, tax, fine). we pay the money we pay the cost.

payment of taxes payment of services. It was correctly noted above that “pay” in most cases (always?) corresponds to the intransitive “pay” when we are talking about commodity-money exchange in the literal sense. sorry t9 distorted, pay a duty, tax or fine.

Payment or payment of state duty

Current as of: June 19, 2021 In general, payment of the state fee is mandatory for performing legally significant actions in relation to an individual or organization, provided for in Chapter.

25.3 Tax Code of the Russian Federation. But sometimes a person may be exempt from paying state duty.

We will tell you how to pay the state duty and who is exempt from paying the state duty in our consultation. The state duty is paid at the place where the legally significant action was performed.

The non-cash form of payment of state duties is confirmed by a payment order with a note from the bank about its execution.

A receipt for cash payment of certain types of state fees (for example, for registering a legal entity or re-issuing a certificate of registration with the tax office)

State duty to court

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The plaintiff pays a state fee to the court when filing claims, applications and complaints.

In this case, the original document confirming payment of the state duty must be attached. Before paying money, it is necessary to determine how the state duty is calculated, what the cost of the claim is, and whether the payer can take advantage of benefits. To use the court fee calculator, select the item you need for which you will file an application to the court.

Then enter the claim price (note that not all claims are subject to valuation). The calculator will show the amount of state duty that will need to be paid. In addition, the state duty calculator will indicate the jurisdiction of the claims (magistrate or district (city) court.

The amount received in the state duty calculator must be paid through a bank in the region where the claim will be filed.

Amount paid or paid

, in a word, to pay off.

This action is designated by the word “payment”.

The word “pay” is not associated with a specific procedure for paying a fee, and please explain which is correct: to pay for travel or to pay for travel? Answer from the Russian language help desk.

Pay without a preposition is used only with words that in one way or another denote a certain amount of money: pay debts, pay a fine. I paid (paid for what?) for hotel accommodation.

To pay - when we are talking about what is paid (the equivalent of money): duty, fine, commission, rent, ransom, and so on.

pay or pay a fine? I, of course, pay (or cry?), but I’m all in thought, did I pay or did I pay this amount (including taxes)?. Correct word stress

State duty paid

  1. The state fee for divorce was paid in 2021, is it valid now?
  2. Is it possible to return the state fee if it was paid by mistake to another person?
  3. If the state duty was paid to the wrong region, how to return it, where to apply?
  4. The amount of recovery according to the receipt is 55,000 rubles.
    What state duty must be paid?

If you find it difficult to formulate a question, call, a lawyer will help you: Free from mobile and landline Free multi-channel telephone If you find it difficult to formulate a question, call a free multi-channel telephone, a lawyer will help you 1.

The state fee for divorce was paid in 2021, is it valid now?

1.1. Hello! If the details have not changed after paying the state fee, then it is valid.

2. If the state duty was paid to the wrong region, how to return it, where to apply? 2.1. You need

Exceptions

The Tax Code stipulates cases when the state duty is not refundable. We are talking about the following situations:

  1. The defendant voluntarily satisfied the plaintiff’s demands after his claim was accepted for proceedings in the arbitration court.
  2. The settlement agreement was approved in a court of general jurisdiction.

In addition, the fee amount is not refunded for applications for registration/divorce, change of name or making other corrections to the record of the registry office if they were not satisfied, i.e. the authorized bodies did not perform these actions.

A similar rule applies if a person refuses state registration of a right, encumbrance (restriction) after contacting the relevant government agencies. Moreover, if the registration of rights, restrictions (encumbrances) on real estate was terminated, based on the application of the parties, 50% of the paid fee is returned.

Grounds for refund of state duty

Only the payer himself can return spent funds deposited incorrectly, but he must have compelling reasons.

You cannot return money spent under the following circumstances:

  • Overpayment. Only funds deposited in excess will be returned.
  • Refusal to accept the application.
  • The state tax was paid, but the person did not use the service. For example, he changed his mind about getting a foreign passport and decided to return the state duty for it.
  • The proceedings in the case were terminated. In this case, the state fee is sometimes not returned; the money goes to pay legal costs.
  • A peace agreement between the parties before the court makes a decision and renders a verdict. Half of the amount you had to pay will be refunded.
  • The claim was ignored by the arbitration court.

To return erroneously deposited funds, you need to fill out an application and take it to where the funds were previously transferred.

Incorrect payment

If a citizen mistakenly deposited a larger amount than he should have, he has the right to return the overpaid funds. To do this, you need to write a statement explaining the reason to the organization where the fee was transferred.

Refund of legal expenses

Often, citizens of the Russian Federation engage in litigation that involves the involvement of persons who play an important role in the consideration of the case (lawyers, forensic experts). All this requires considerable funds.

Legal costs include state fees and expenses (costs of lawyers and experts). Their compensation is assigned to the losing party. Funds spent on the initiative of the court itself are not refundable. If the application was not considered, then the funds spent can be recovered from it. You must apply for compensation to the arbitrators of the first instance within 6 months after the case is closed.

Refund of unused and unclaimed state duty payments

If too large a contribution was made, or a citizen refused government services and the money was not claimed, then he has the right to demand the return of his funds. To do this, an application is submitted to the authority where the fee was paid, supplemented by certificates and checks. If the answer is positive, the money will be returned to your account. If the government agency refuses to reimburse the finances, then there is only one option left - legal action.

Organizational matters

Refund of the overpaid/collected amount of duty is carried out at the request of the payer. It is submitted to the body or official who is authorized to perform the relevant legal actions for which payment was made. If the refund must be made in full, the original payment receipts should be attached to the application, and if partially, copies. The decision to grant the request is made by the relevant body or official.

Direct refund of the amount is made by the Federal Treasury department at the place of payment.

If a subject wants to return the state duty in a case being considered in court, including a magistrate’s court, he submits his application to the Federal Tax Service at the location of the relevant court.

You can send an appeal before the expiration of three years from the date of payment. Refunds are made within a month from the date of sending the application.

Enrollment

According to the Budget Code of the Russian Federation, which budget the state duty goes to depends on its purpose.

100% of the state duty is credited to the budget of the constituent entities of the Russian Federation:

  • in cases considered by constitutional (statutory) courts;
  • for performing notarial acts;
  • for state registration of interregional, regional and local public associations, their branches, for state registration of changes to their constituent documents;
  • for state registration of regional branches of political parties;
  • for state registration of a vehicle pledge agreement, including the issuance of a certificate and its duplicate;
  • for the issuance of a qualification certificate granting the right to carry out cadastral activities;
  • for issuing a certificate of state accreditation of the regional sports federation;
  • for registration of mass media, the products of which are intended for distribution primarily in the territory of a constituent entity of the Russian Federation, for issuing a duplicate certificate of such registration;
  • for actions of authorized bodies related to licensing the use of subsoil plots of local significance;
  • for the actions of authorized bodies related to licensing the procurement, processing and sale of non-ferrous and ferrous scrap metals;
  • for the provision of licenses for the retail sale of alcoholic beverages issued by executive authorities of the constituent entities of the Russian Federation;
  • for actions of executive authorities of constituent entities of the Russian Federation related to licensing and accreditation of educational institutions;
  • for granting a license for the production, storage and supply of alcohol-containing non-food products, in part made from confiscated raw materials;
  • for issuing accreditation certificates in order to recognize the organization’s competence in the relevant field of science, technology and economic activity to participate in control activities;
  • for the actions of executive authorities of the constituent entities of the Russian Federation in affixing an apostille on documents on education, academic degrees and titles;
  • for the issuance by the executive authority of a constituent entity of the Russian Federation of a special permit for the movement on roads of vehicles transporting dangerous, heavy and (or) large-sized cargo.

100% of the state duty is credited to the settlement budget:

  • for the performance of notarial acts by officials of local government bodies of the settlement authorized to perform notarial acts, for the issuance by the local government body of the settlement of a special permit for the movement of a vehicle transporting dangerous, heavy and (or) large-sized cargo on a highway.

100% of the state duty is credited to municipal budgets:

  • in cases considered by courts of general jurisdiction, justices of the peace (with the exception of the Supreme Court of the Russian Federation);
  • for state registration of vehicles, including temporary registration at their place of residence, for issuing various certificates to car owners, etc.;
  • for issuing permission to install an advertising structure;
  • for the issuance by a local government body of a municipal district of a special permit for the movement of a vehicle transporting dangerous, heavy and (or) large-sized cargo on a highway;
  • for the performance of notarial acts by officials of local government bodies of a municipal district, authorized in accordance with the legislative acts of the Russian Federation to perform notarial acts in a populated area that is located on an intersettlement territory and in which there is no notary.

The budgets of city districts and municipal districts, federal cities of Moscow, St. Petersburg and Sevastopol are subject to crediting the state duty for the provision of licenses for the retail sale of alcoholic beverages issued by local governments at a rate of 100%.

State duty offset

The possibility of its implementation is also provided for in the Tax Code. With offset, the excess amount previously paid for a specific legal action is offset against payment for a similar service.

To exercise his right, the payer must submit an application to the body or official to whom he previously applied. You can also send an appeal within three years from the date of the decision to return the excess amount or from the date of its transfer to the budget.

The offset is carried out in the manner prescribed in Chapter. 12 NK.

Payment of state duty to the budget and its accounting

In connection with the ongoing reform of the organization of budget execution, the order of interaction between government bodies that ensure the collection of revenues into the budget system has changed significantly. As a result, the concept of budget revenue administrator arose. Currently, the administrators of budget revenues, in addition to the tax authorities, are other government bodies. These changes fully affected the state duty. Now, in addition to the tax authorities, the administrators of budget revenues from state duties are a number of other government bodies. The administration of budget revenues by tax authorities is generally regulated by part one of the Tax Code of the Russian Federation and relevant regulatory legal acts. In turn, the administration of budget revenues by other government bodies is the responsibility of budget legislation. In accordance with Art. 20 of the Budget Code of the Russian Federation, the budget revenue administrator performs the functions of accrual and accounting, monitoring the correctness of calculation and timely payment of mandatory payments to the budget system of the Russian Federation. Along with other functions, it makes a decision on the return (offset) of the overpaid payment amount to the budget.

Additional guarantees

In accordance with the Tax Code, persons applying to authorized bodies may be provided with an installment plan or deferment of payment of state duty.

To take advantage of this opportunity, the interested person submits a request. Deferment/installment plan can be provided within the period specified in clause 1 of Art. 64 NK. At the same time, the Code provides another important guarantee. No interest is accrued on the amount of state duty for which a deferment/installment plan has been granted throughout its entire term.

What is the state duty paid for?

Who else is in this apartment post. registered except for your son? Municipal apartment - in social. dwellings fund? If there is anyone else, then they are equal employers along with your son, and they can privatize together. If the son is alone there, then you can apply as the legal representative of the minor. child declared on the close social rent agreement for the child, and then for the privatization of this municipal residential premises for the child.

Inheritance tax was abolished in 2005. In addition to the notary fees that are written in the very first answer and in Lazy Guy, you will also need to pay a state fee for registration of a certificate of ownership after you receive a certificate of ownership of an apartment by inheritance from a notary. There is something around 1000 rubles, you can look at the government services website for more details. And the notary will also make a request to Rosreestr about the right to the grandmother’s apartment, before issuing the certificate to you. There is also a small fee. First of all, you will need to submit an application for acceptance of the inheritance - no later than six months from the date of death of the testator. And then you can register for as long as you like. If you have money, apply for it. There is no statute of limitations. Nobody registers an inheritance quickly

We recommend reading: St. Petersburg land plots for large families

Legal Russia

A statement of claim for non-fulfillment of the terms of the contract, during the process you declare, preferably through a lawyer, a sum of money for the use of your property and reimbursement of expenses for a representative. Accordingly, when filing a statement of claim, the state. You pay the duty. From my own experience, I will say that I once evicted such people, and calculated the amount for use based on the cost of a room in the National ,))). Of course, they didn’t return everything, but the amount turned out to be good. And by the way, if you know someone with an apartment, sign a lease agreement with them retroactively and also show them that you have nowhere to live.

Even if you keep your old numbers, the state fee is paid. And she costs 1,500 rubles for issuing numbers for today. As they say in the traffic police: State registration plates are not the property of the driver. When registering a car and performing other registration actions related to the issuance of a state license, a state fee of 1,500 rubles is paid. It doesn’t matter what license plates are issued, new or from an old car, a fee is paid for registration. The state fee for registration is 1800 rubles. (1500 numbers, 300 sts) The state duty for making changes to the PTS is 200 rubles. (if with the replacement of the PTS, then 500 rubles) Plus compulsory motor liability insurance.

Required documents for refund of state duty payment

A refund of state duty payment is possible only if the payer has all the necessary documents in hand. First of all, the payer must provide a statement indicating the grounds and reasons for the refund. This point is extremely important, since its success will depend on the validity of the applicant’s claims. Therefore, the application must be drawn up as competently as possible. The applicant must clearly state the reasons for the refund. In addition, the reasons for the return must be current at the moment.

The applicant may provide several reasons why he is requesting a refund of the funds paid. However, you should not turn your statement into a novel of several pages. This may lead to a delay in making a decision on this issue. The application must be dated and signed by the payer. Due to this, employees of the government agency to which it is sent will not waste time searching for the necessary information.

To confirm the validity of his claims, the payer must attach a check or receipt for payment. In general, the more documents are submitted, the greater the chances of a positive outcome of this process.

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