Before filing a statement of claim in court, citizens have to pay a state fee for the consideration of the case. In some cases, the fee is calculated as a percentage of the amount of the claim and can be quite high. Sometimes a statement of claim is rejected by the court even before it is considered. Or an already started process is not brought to a court decision for various reasons. What about the duty in this case? It can be returned from the Treasury in part or in full, depending on the stage of the process at which the case was terminated. To return the state duty, you must have the original receipt of its payment and receive a number of other documents.
Necessary
Receipt for payment of state duty
Instructions
Step 1
If the court refused to accept your legal claim for consideration on any grounds, in accordance with 1 clause 333.40 of article of the Tax Code of Russia, you can return the state duty paid by you in full. If the trial was started, but before the court's decision was made, you entered into an amicable agreement, then you can count on the return of half of the amount of the fee. To return the funds back, go to the court that denied you the claim or considered your case in part, and write an application for the return of the full amount or part of it.
Step 2
The application is made to the name of the judge who denied you your claim. In the application, indicate the fact that you paid the fee and the number of your failed lawsuit or lawsuit that ended in an amicable agreement. Also write how much you are asking for a refund. Attach the original payment document to the application - a receipt for payment of the state duty. If you return only part of the fee, then you will not have the original in your hands, but in this case it is enough to attach a copy of the payment document.
Step 3
The judge will review your application and order that the overpaid money be returned to you. Take this ruling on the return of the specified amount from the budget from the court. Bring the court ruling to the district tax office. At the inspection, write an application for the payment of the amount due to you. In the "header" of the application, indicate your passport data. In the text of the application, write the amount to be returned and the bank details for transferring funds to your account by the Treasury.
Step 4
Along with the application, provide the inspector with the court ruling and the original payment document. Your application will be reviewed by the tax office. Within a period of not more than one month, you will be refunded the state duty to the specified bank account.
