When applying to the court, simultaneously with the statement of claim, you must also provide a receipt for payment of the state duty. Its amount depends on both the category of the dispute and the price of the claim. The details of the correct calculation of the state duty with all the nuances are set out in the Tax Code.
State duty, its types
The state fee is a payment for the commission of actions that have legal significance. It is paid by both citizens and organizations in the manner and amount established by law.
The amount of this fee is determined in accordance with the rules of the Tax Code, article 333.19 of which explains in detail the entire calculation mechanism, provided that the statement of claim is addressed to a magistrate or district court, that is, the so-called courts of general jurisdiction. For arbitration courts, the calculation of the state duty is made somewhat differently.
The state duty is charged when considering any disputes, even if they are non-property or property cannot be evaluated. In this case, the citizen will have to pay 200 rubles, and the organization - 4000 rubles.
If the court is considering a case on divorce or on the recovery of alimony, then the amount of the state duty is fixed. For a divorce petition - 400 rubles, for alimony - 100 rubles.
How to calculate the state duty
The amount of the state fee depends entirely on the value of the claim, that is, on the amount that the plaintiff wants to receive from the defendant. The law divides the rules for calculating the state duty by monetary criteria.
If the cost of the claim is less than 20,000 rubles, then the state fee will be 400 rubles, or 4% of the value of the claim, but not less than 400 rubles. For example, the cost of the claim is 20,000 rubles, the amount of the state duty that must be paid is 800 rubles. The calculation is made as follows: 20,000 * 4/100 = 800. If the amount of the claim, 4% of which will be less than 400 rubles, you must pay 400 rubles. And with the amount of the claim, 4% of which will be more than 400 rubles - the amount received during the calculation.
If the value of the claim is between 20,001 and 100,000 rubles, then 800 rubles and 3% of the amount exceeding 20,000 rubles are subject to payment. For example, the cost of the claim is 55,000 rubles. 55,000 - 20,000 = 35,000; 35,000 * 3/100 = 1050; 1050 + 800 = 1850. Thus, the amount of the state duty with a claim price of 55,000 rubles will be 1850 rubles.
If the cost of the claim is from 100,001 rubles to 200,000 rubles, the fee charged for the consideration of the claim by the court must be at least 3200 rubles plus 2% of the amount exceeding 100,000 rubles. Thus, the cost of the claim is 135,000 rubles. 135,000 - 100,000 = 35,000; 35,000 * 2/100 = 700; 3200 + 700 = 3900. The amount of the state duty at the indicated price of the claim will be 3900 rubles.
The cost of the claim is from 200,001 to 1,000,000 rubles. In this case, 5200 rubles and 1% of the amount exceeding 200,000 rubles are paid. For example, the cost of the claim is 800,000 rubles. 800,000 - 200,000 = 600,000; 600,000 / 100 = 6,000 rubles; 5200 + 6000 = 11200 rubles. That is, the amount of the state duty with a claim price of 800,000 rubles will be equal to 11,200 rubles.
The cost of the claim is more than 1,000,000 rubles - 13,200 rubles and 0.5% of the amount in excess of 1,000,000 rubles are paid, but this amount cannot be more than 60,000 rubles.
If an application is submitted for the issuance of a court order, then the amount of the state duty will be 50% of the amount of the state duty that would have been paid when filing a property claim.
