The state duty for filing a claim is legally included by law in the costs of court proceedings. However, some do not know what its size is in various categories of legal relations. Below are tips on how to make the right calculations, as well as what the rates for this federal fee and payment rules are.
Cost of filing a claim with a court
The plaintiff pays the state fee to the court when filing a statement of claim. Some claims do not provide for such payment. There are court cases in which it is proposed to defer the payment of the state tax or a court decision allows the gradual payment of the full amount of the court fee.
The size of the state claim depends on the value of the statement of claim. In this case, the type of claims filed by the claimant against the defendant is taken into account. According to the Labor Code of the Russian Federation, there is a concept of claims for a claim, which are expressed in the total amount of damage in money that is subject to recovery.
How to calculate the state duty when filing a statement of claim? The amount of such payment is established by virtue of the first part of Art. 333.19 Tax Code of Russia. In addition, there are other legislative acts that determine this amount. The main list can be represented as follows.
For material requirements (at the value of the property):
- The price of the claimed claims does not exceed the amount of 20,000 rubles. The amount of the fee is 4% of the cost of the application, that is, does not exceed 400 rubles.
- The cost of claims under the statement of claim is from 20,001 rubles to 100,000 inclusive. In this case, the amount of state duty reaches 800 rubles. To it is added 3% of the price of the claim in an amount exceeding 20,000 p.
- In the case of claims exceeding 100,000 + 1 ruble and up to 200,000 p., Payment of the state duty for filing a statement of claim reaches 3200 p., 2% of the cost over 100,000 p. Is added to this amount.
- The price of claims of a claim is from 200 001 rubles to inclusively 1 000 000 rubles. In this case, the state fees are 5,200 rubles, since one percent of the amount exceeding 200 thousand rubles is added to them.
- Claims claimed in excess of 1,000,000 rubles. In this case, the state duty to the court for filing a statement of claim is 13,200 rubles and an additional half percentage of the amount of claims in excess of one million rubles. But the size of such a payment cannot be higher than 60 thousand rubles.
At the request filed for a court order, the applicant is charged 50% of the cost of a similar material claim. If the subject of the dispute is property that is not subject to the appraisal commission or claims that are not related to a material nature are considered, an individual pays 300 rubles, a legal entity - 6 thousand rubles.
When filing a complaint through supervisory review, the payment is exactly the same as when filing an intangible claim.
When filing a claim for divorce, the state duty is paid in the amount of 600 rubles. In disputes concerning official relations, a lawsuit from an individual is paid by a state fee in the amount of 300 rubles, while the legal entity representing the enterprise pays 4,500 rubles.
For the adoption of a lawsuit on the improper execution of the law by state authorities, as well as on the recognition of non-normative acts invalid, individuals pay 300 rubles, legal entities - 2000 rubles.
For filing complaints (both cassation and appeal) in order to appeal a court decision within ten days, a state duty is paid in the amount of 50% of the amount of the state fee intended for consideration of intangible claims.
To obtain a writ of execution, for the execution of a decision by an arbitration court, the state duty will amount to 2250 rubles.
The statement of claim for withholding funds in favor of minor children is paid by the state duty in the amount of 150 rubles. If the claims simultaneously extend to adult care, then the amount of the fee is doubled.
These are the basic requirements for paying a state duty for filing a statement of claim. In some cases, you will have to perform the calculation yourself.
How to make calculations in advance yourself?
How can I calculate the state duty when filing a statement of claim? For this, the site of the judicial authority where the plaintiff intends to apply is useful. On the pages of the resource there are all ways of calculating the state duty. Using this tool, any user can correctly calculate the amount of payment of the state fee. To do this, enter on the page the essence of their stated requirements, describe its contents.
How to determine the amount of fees to the district court (general)?
The state duty for filing a claim with a district court is established in full compliance with the tax laws of the Russian Federation. For quick and easy calculation of this amount on the website of each district court there is a special calculator. In addition, you can correctly calculate the size of the state duty using the mos-sud.ru portal.
To obtain this kind of information, each citizen will need to specify certain information:
- the name of the district court in which the case will be examined in the future;
- variety of statement of claim;
- claimant status.
How to calculate it when applying to a magistrate court?
How to be in this case? The size of the state duty for filing a claim in a world court is calculated in one of two ways:
- directly using the portal of the information space of justices of the peace;
- using the official website of the world court.
To obtain information, a citizen will have to indicate:
- name of the magistrate's court where the application will be submitted;
- plot number;
- type of statement of claim;
- claimant status.
One of the most important factors in calculating the amount of state duty is the price of the claim. It is calculated according to the rules established by law. An example is a claim for title to real estate, where the value of the object and, therefore, the price of the claim is set using a special market valuation. If it comes to filing a claim for alimony, the state duty will be calculated as a percentage of the amount for one year, which is subject to recovery.
When filing a claim for debt collection, its price will be determined with the help of the collected debt (maximum for 3 years). Accordingly, the fee will be calculated from this amount.
As noted above, the state duty when filing a claim of a non-property nature has a fixed amount (for individuals it is 300 rubles).
How to pay state duty?
Payment must be made before the lawsuit is filed. If the fee is not paid on time, this may serve as the basis for the return of the statement of claim.
Payment of state duty when filing a statement of claim can be made in cash or by bank transfer. Confirmation of funds transfer by non-cash method using a payment order, which contains a bank note. If payment was made in cash, then the citizen must have a receipt from a banking organization.
What is mandatory in the state duty receipt?
Such a receipt is the most common document capable of confirming the fact of depositing funds.
The payment document includes the following information:
- Name of payer, his address and TIN;
- amount of state duty when filing a statement of claim, that is, payment made;
- details of the payee (to whom);
- PPC and TIN of the recipient;
- OKTMO number;
- date of payment;
- The receipt received at the bank must also have the signature of the bank employee.
Deferral / installment payment
The legislation of the Russian Federation provides for deferral and installment payments of such payments. Deferral implies a postponement of the due date for a specified period. In installments, payment is made in certain steps.
According to the Tax Code, installments and deferrals are granted for a period that should not be more than 1 year. Interest on the amount of this state duty for filing a statement of claim is not calculated in case of taking installment plan or deferral.
State duty surcharge
It is required only when the amount of claims in the claim increases.
In this case, the consideration of the case continues only after the implementation of the following actions:
- the plaintiff must provide evidence of the payment of the fee;
- permission must be granted for deferral or installment plan;
- the judiciary must decide to reduce the size of the necessary state duty.
How to return the money spent?
Money for paying a state duty for filing a claim can be received back. Article 333.40 of the Tax Code specifies the conditions for reimbursing financial expenses.
Money can be returned in full or only part, provided that:
- an excess amount has been paid;
- the application is returned or the court does not accept the application;
- The filed lawsuit is not considered;
- court proceedings are terminated;
- there is a document on the return of funds.
Payment of the state duty for filing a statement of claim to the court occurs if there is a statement from a citizen. Money is credited within a month after accepting the application. In addition, if the money needs to be returned in full, you will need checks about the payment made in the original. If the amount needs to be returned in part, only a duplicate of the document on payment of the amount is required.
But you still need to bring other documentation:
- court opinion;
- court statement;
- determination of the reasons for the return of the fee.
The right not to pay for a number of beneficiaries
Under Article 89 of the Code of Civil Procedure, a privilege is provided for the payment of a material fee. The tax law compiles a list of citizens who may not pay a fee for judicial review of the case. These include:
- Heroes of Russia and the USSR;
- full gentlemen of the Second World War (Order of Glory), citizens who participated in the Patriotic War, including war invalids;
- Rehabilitated citizens of the country:
- persons affected by political repression;
- citizens with the status of internally displaced persons;
- refugee status;
- people with disabilities (people with disabilities) of the first and second groups;
- citizens receiving a pension (upon filing a claim in relation to the Pension Fund of Russia and other similar structures).
In addition, the state duty for filing a lawsuit in court is not paid in the following categories of cases:
- collection of due earnings;
- demand for alimony;
- compensation for loss of health;
- cost recovery in the event of the death of the breadwinner;
- payment for property and moral harm (if lawless acts and offenses have occurred);
- protection of the powers and interests of children;
- protection of the rights of persons with disabilities (non-property processes);
- placement in a hospital not of his own free will;
- non-observance of the rights of the buyer or client;
- cassation or appeal upon receipt of the plaintiff’s appeal for divorce.
A number of some complaints are not taxed, including:
- illegal conduct of business by the bailiff;
- cases of administrative violations of rights;
- private complaints about court acts;
- complaints to the cassation instance in criminal cases, where the legality of the collection of damages for property damage is disputed;
- adoption of children.
In order to be able to return the fee or part thereof, an application must be submitted. This is possible if the entire amount has been paid in advance. This is a mandatory requirement for everyone, except for beneficiaries.
State duty when applying to the arbitration court
The Tax Code of the Russian Federation sets the size of the fee, which should be paid when applying to any court of the Russian Federation.
If a claim is filed with a property claim (for example, debt collection in case of untimely execution of the contract), the size of the state duty for filing a statement of claim is determined based on the price of the claimed claim (amount of claim). The percentage of the charge levied is exactly the same as when filing applications with a court of general jurisdiction.
In this case, the law establishes the minimum and maximum size of the duty - 2 thousand and 200 thousand rubles. respectively. If the applicant needs to receive an order to collect the amount, then the amount of the state duty will be equal to fifty percent of the required amount.
In the case of filing a claim with a non-property claim (for example, on recognition of the right or on enforcement of the contract in kind), the state duty will be 6 thousand rubles.
However, this does not apply to all cases. So, the state duty for filing a claim in an arbitration court may have the following meanings:
- In claims relating to the legal force of the contract (compulsion to conclude, amend the contract, invalidation) - 6 thousand rubles.
- In case of challenging the legal acts of executive bodies published in the field of intellectual activity or affecting copyright and patent rights, as well as in protecting unique copyright recipes and trademarks or other distinctive attributes of legal entities: for citizens - 300 rubles, for legal entities and individual entrepreneurs - 2 thousand rubles.
- In case of contestation of other legal acts issued by state or local authorities, as well as the recognition of actions (omissions) by their officials that do not comply with the law (state duty when filing an administrative statement of claim): for citizens - 300 rubles, for other categories - 3 thousand rubles.
- According to applications for resolving the issue of insolvency (bankruptcy), the state duty is: 300 and 6 thousand rubles for individuals and legal entities, respectively.
- To establish any legal fact that entails consequences for the applicant, you will need to pay a fee of 3 thousand rubles.
- If the plaintiff requires the entry into consideration of the case of other persons claiming independent claims, the fee will be: for non-property and property, not requiring assessment, disputes - in an amount equal to when filing a claim with a non-property claim; for all other property disputes - in the amount provided for the amount that the third party involved disputes.
- If you appeal the decision or ruling of the court to a higher authority (appeal, cassation or supervision), the state duty will be half of the amount that must be paid in case of filing an application with a non-property claim. In this case, it is possible to appeal only definitions that impede the further movement of the trial (for example, to leave the claim without consideration).
- The right of everyone to compensation for violation of the established deadlines of legal proceedings is legislatively fixed, the fee for such claims will be 300 and 6 thousand rubles for individuals and legal entities, respectively.
Often in practice there are situations when, for one reason or another, the plaintiff refuses the claim, then he has the full right to a refund of the amount paid.
How does this procedure go?
The Tax Code of the Russian Federation provides for a number of grounds under which a refund of paid funds is possible, as well as secures the bodies authorized to resolve this issue.
So, the issue of refunds in case of overpayment is resolved by the tax authority.And if the plaintiff refused the claim, then the court itself resolves the issue of returning the paid amounts.
The court, having made such a decision, issues the plaintiff a certificate, which in the future will need to be submitted to the tax authority to which the fee was paid. There, the person will need to fill out an application for a refund, which will indicate the bank details of the account, where the amount should be credited, and also indicate the number and date of the relevant court decision.
The following shall also be attached to the application:
- return decision;
- documents on payment of state duty (receipt or payment order, if the plaintiff is a legal entity).
If only part of the amount paid is refundable, this decision is confirmed by a duplicate that is notarized.
This procedure is universal, therefore it is applicable both to arbitration courts and courts of general jurisdiction, since the grounds provided for by the Tax Code of the Russian Federation are also general. The difference is only in the subject matter and the parties to the parties in the process.