Litigation does not always end with a decision; often citizens' applications are rejected or returned. In this case, the applicants face the question of the return of the state fee, which is paid in advance for the commission of judicial actions.
Instructions
Step 1
You can return the already paid fee from the court for the following 5 reasons: - in case of overpayment, i.e. if the amount paid exceeds the required amount; - if the arbitration court did not consider your case or terminated the proceedings on it, the refund in this case will be only 50 percent of the paid amount, because certain actions have already been taken by the court; - if the need for a court decision disappeared before the start of its consideration; - if the arbitration court either initially did not take it, or - later returned the application or complaint.
Step 2
It is possible to return the state duty from the arbitration court only within 3 years. To return the overpaid amount, write a statement to the tax office for the territorial location of the arbitration court, for the actions of which the payment was made. In the application, be sure to indicate the reason why you want to return the state duty - it is best if the wording corresponds to the reasons specified in the Tax Code, article number 330.40.
Step 3
Write down the amount you want to return, as well as the actions of the court for which the fee was paid - this will help you quickly find the case and deal with your application. It is better to prepare 2 identical applications - then after the documents are approved, one copy will remain with you as a confirmation of the fact and the deadline for submitting documents. This will be especially useful if the money is not returned within a month, which is the period for considering such applications.
Step 4
Attach the original payment document on the payment made to this application - if you need to return the full amount. If you want to return only a part of it, a photocopy of the original document of the payment made is enough.
Step 5
In addition to confirming the payment, you must also attach to the application a court decision on the case or a certificate from it stating that you have circumstances that allow you to return the paid fee. You just need to pay attention to the moment that the package of documents must be submitted not to your own tax organization, but to the tax service that controls a particular arbitration court. With the correct paperwork, the funds must be returned within 1 month.
