How is the state duty refunded?

In our country there are separate legalactions for which the fee is fixed and paid directly to the budget. Such payment is called state duty. Its size is established legislatively, and normative acts prescribe, it would seem, all cases. However, quite often there are circumstances where a refund of the state duty is required.

In what cases does it return to the payer?

There are five reasons for such an operation. Here they are:

- payment of a fee in a larger amount than required;

- refusal to accept the application and return the application;

- the abandonment of a lawsuit without consideration or termination of proceedings;

- the person who paid the state fee refuses to take actions to execute the decision (before applying to the body to which these actions are entrusted);

- refusal to issue a personal passport upon departure or at the entrance of a citizen of the Russian Federation.

It is noteworthy that this list is notdogma and can be supplemented. For example, the Supreme Arbitration Court, in considering one of the cases, decided that the refund of the state duty for refusal of the claim is also eligible. Of course, subject to certain conditions. This will be possible if the plaintiff refuses to review his claims before the ruling of the arbitration court.

Sequencing

Naturally, in all cases, a certain sequence of actions and a set of documents is provided for by law.

So, it is necessary to start the repayment of the state duty withapplication. This appeal will have to be sent to the body for which the money was paid. However, in the judicial consideration of cases, applications should be reviewed by the tax inspectorates that oversee the territory where these courts function.

In this case, it will be necessary to observetemporary restrictions. The law established a three-year period during which one can write an application for the return of the state duty. If you miss the deadline, you will not be able to return the money. The starting point is the date of transfer of money to the budget.

It is noteworthy that there are articles on the Internetwith other information. There, for example, it is stated that the Arbitration Courts, referring to individual instructions, can reduce the procedure to one year. It should be said - this is not true.

What documents are needed to return

However, one statement will not be enough. It should be proved that the amount indicated in the appeal was actually paid into the treasury. As confirming materials, payment documents are attached. If the applicant intends to return the full amount, then it will be necessary to attach the original (leaving a copy). If the state duty is refunded in part, copies of the payment documents are sent.

Well, finally, the mandatory application servescertificate from the court. In this very important document, a full justification for the need to return the fee should be presented. When drafting certificates, the courts refer to the circumstances already examined in the process. It is this document that can be considered primary, and on its basis it is necessary to write an application for the refund of the state duty and refer it to the tax inspectorate.

It should be borne in mind that to negotiate withcourts for obtaining a certificate should be scrupulously, carefully registering all appeals in the office. If the correspondence is kept by post, then all shipments must be sent only with the receipt of the receipt. Any failure here is fraught with the failure of the entire procedure.

Now it remains to wait for the decision of the tax authorities. The law establishes a 30-day period for reviewing materials and transferring money to the applicant's account. And the money is already in charge of the Federal Treasury. If any agency fails to meet this deadline, you can safely make a claim.