Calculation of the state duty in a court of general jurisdiction calculator. How to correctly calculate the state duty in the magistrate court. State duty calculator for administrative claims

The state fee to the court is a court fee determined by law, paid when applying to the court.

R the calculation of the state duty when filing a statement of claim is made based on several factors, andits size is established by the Tax Code of the Russian Federation.

Who is obligated to pay

The state duty at the time of filing a claim is paid by the plaintiff. This is intended to help ensure that claims are filed by a category of citizens who are confident in the seriousness of the defendant's offense and their own rightness.

This fact is economically justified and protects from the flow of unreasoned complaints and claims.

The costs are not always borne by the plaintiff alone. Subsequently, the consideration of the case, if the court takes the side of the plaintiff, the defendant will reimburse him legal costs, including state fees.

Calculation

The amount of the state duty is due to many factors.

The cost of payment is influenced by the price of the claim, property or non-property, the type of claim, for example, the collection of alimony or a claim in an inheritance case.

Also, the amount of the required state duty varies depending on which jurisdiction the court belongs to.

Property character of the claim

If the claimant's claim is related to compensation for damage and the claim is addressed to a court of general jurisdiction, then the state duty is calculated as a percentage or in a fixed amount as follows:

if the plaintiff claims no more than 20,000 rubles, the payment will be 4 percent of the price, but not less than 400 rubles;
if the price is more than 20,000 rubles, but within 100,000 rubles, 800 rubles of duty and 3 percent of the amount, over 20,000 rubles are payable;
if the plaintiff claims in the range from 100,000 to 200,000 rubles, you need to pay 3,200 rubles and 2 percent of the amount, over 100,000 rubles;
if the claim is estimated in the region from 200,000 to 1,000,000 rubles, then the plaintiff, in addition to the fixed amount of 5,200 rubles, will also pay in addition 1 percent of the amount, over 200,000 rubles;
if the plaintiff claims more than 1,000,000 rubles, the state duty will be 13,200 rubles and 0.5 percent of the amount, more than 1,000,000 rubles, but in the end it cannot exceed 60,000 rubles.

Calculation examples

Examples will help form formulas and calculate the value.

So, if a person suffered material damage in the amount of 14,000 rubles, then the state duty will be 14,000 x 0.04 (4%) \u003d 560 rubles, since the amount is less than 20,000 rubles.

When the damage caused is estimated at 55,000 rubles and the claims are between 20,000 and 100,000 rubles, then we calculate by the formula:

800 + (55,000 - 20,000) x 0.03 \u003d 1,850 rubles.

Non-property nature of the claim

If the claim as a whole is not subject to assessment, contains non-property claims, or a supervisory complaint is filed, then citizens are required to pay 300 rubles, and organizations - 6,000 rubles.

When collecting alimony, you must pay 150 rubles. Moreover, if the court decides to collect alimony, the amount of the state duty will double.

In divorce cases, the fee will cost the plaintiff 600 rubles.

When applying for a court order, the fee will have to be paid in the amount of half of the fee provided for when the relevant claim is filed.

When appealing in cassation and appeal, 150 rubles of the fee will be paid by an individual, 3000 rubles - by an organization.

Let's analyze claims in administrative proceedings:

if necessary, challenge the non-normative acts of the higher authorities or regulations bodies, a citizen will pay 300 rubles. In this case, organizations will pay 4500 rubles;
if there is a question of challenging the decisions of officials or recognizing the non-normative legal acts of these persons and government agencies as illegal, the duty will be 300 rubles for individuals, legal entities will pay 2,000 rubles.

Features of payment

If you have to file a claim with a claim of a property and non-property nature, then you have to pay a lump sum state duty provided by law in both cases.

The state duty is not levied in cases related to labor relations, compensation for damage to health or damage caused by a crime, recovery of alimony, protection of the interests of disabled people, copyright and related rights, adoption of a child, complaints against the actions of bailiffs and other private complaints against court decisions.

It should be noted that in the case of an appeal and cassation appeal in divorce disputes, citizens are also exempt from duty.

Who benefits from

When addressing a lawsuit with a claim up to a million rubles, the following groups of persons have the right to benefits:

public organizations of disabled people;
pensioners when applying to the Pension Fund;
veterans in cases of rights protection;
disabled people of the second and first groups.

If the claim exceeds a million rubles, such categories will pay the amount calculated in general orderminus 13,200 rubles.

How and where to pay

Remember that going to court without paying the state fee, you will be refused. In addition to the payment of the fee itself, it is important to provide a receipt of payment together with the original to the court clerk in confirmation.

The receipt should be filled out carefully, correctly indicating the details of the current account and the payer's data, so that in the future you do not face the fact that the funds did not reach the addressee. Errors will serve as the basis for refusal to accept the claim for production. In addition, samples of completed receipts can be found on the Internet.

Please note: it is important not to make a mistake in the receipt details. Depending on which court the claim will be addressed to, for example district court Moscow or city, you should find out in advance all the required information in the courtroom or on official websites on the Internet.

Now there is an opportunity to accurately calculate the state duty online using sites that offer the services of a state duty calculator. Having determined the amount, you can pay at Sberbank branches, terminals and ATMs, through post offices or on specialized web resources.

When the fee is paid, be sure to take all documents confirming the fact of payment. How to quickly calculate the amount of state duty in court, see the explanations in the following video:

Since January 1, 2015, the amount of the state duty has increased, the article provides current data on the amount of the state duty to the court for 2020:

When filing a statement of claim in court, consumers have the right not to pay the state duty if the price of the claim does not exceed 1,000,000 rubles. If the amount of the claim is more than this amount, then the state duty will have to be paid.

State duty

If the claim price is more than 1,000,000 rubles, you must pay 13,200 rubles plus 0.5% of the amount exceeding 1,000,000 rubles, but not more than 60,000 rubles (subparagraph 1 of paragraph 1 of article 333.19 of the Tax Code of the Russian Federation).

In accordance with paragraph 3 of Art. 333.36 of the Tax Code of the Russian Federation, consumers can reduce the amount of the state duty by the amount of the state duty to be paid at a claim price of 1,000,000 rubles.

The amount of state duty at a claim price of RUB 20,001 up to RUB 1,000,000 is the amount of 5200 rubles. and 1% of the amount, over 200,000 rubles, i.e. 13,200 rubles, it is by this amount that the amount of the duty should be reduced if the claim price is more than 1,000,000 rubles.

Suppose your claim amount is 2,750,000 rubles.

1. We look at Art. 333.19 of the Tax Code of the Russian Federation, according to which the state duty for a claim price exceeding 1 million is \u003d 13,200 + (claim price - 1 million) x 0.5%. We substitute our number and we get \u003d 13,200 + (2,750,000 - 1,000,000) x 0.5% \u003d 21,950 rubles.

2. We calculate the state duty for claims equal to 1 million rubles. (that is, according to the formula for a cash requirement in the amount of 200,001 to 1 million) \u003d 5,200 + (1,000,000 - 200,000) x 1% \u003d 13,200 rubles.

3. We calculate the difference between the amounts received at the 1st and 2nd stage \u003d (21,950 - 13,200) \u003d 8,750 rubles.
Thus, with a claim of 2,750,000 rubles, the state fee under the legislation on RFP will be 8,750 rubles.

Features of payment of state duty

When filing statements of claim containing property and non-property claims (for example, to recover the amount of damage and compensation for moral damage), the state duty is paid separately for each claim at the same time.

You can pay the state duty at a branch of any bank or in another convenient way. Bank details to transfer funds, you can find out either through the Internet portal of the state automated system "Justice", or directly in court. The state duty must be paid by the consumer before filing a claim.

At a separate request of the consumer, in accordance with Article 333.41 of the Tax Code of the Russian Federation, the court may grant a deferral or installment plan for the payment of the state duty.

If you disagree with the decision of the court of first instance and are going to appeal it, then upon filing appeal you do not have to pay the state fee.

Using the proposed calculator, you can calculate the amount of state fees payable when filing statements of claim in courts of general jurisdiction (including justices of the peace) and in arbitration courts.

The calculation algorithm is based on the rules provided for in Articles 333.19 and 333.21 of the Tax Code of the Russian Federation.

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Features of payment of state duty for a court

State duty when filing a statement of claim in court (court duty) is a fee levied by the state to ensure the public function of justice. If the claim is property and subject to assessment (for example, a statement of claim for debt collection), then the amount of the state duty depends on the price of the claim (total debt, penalty, interest, etc.).

Payment of the state fee when filing with the court is carried out in non-cash form or in cash. The fact of payment is confirmed, respectively, by a payment order with a mark on its execution, or by a receipt in the prescribed form.

The state fee is paid at the place of filing the statement of claim. Details for transferring the state duty can be found on the website of a court of general jurisdiction or an arbitration court.

The state fee is levied for the performance of a certain service from the citizens of the Russian Federation. It can be expressed in a fixed amount of money as established by law, or it will have to be calculated. The fee depends on the value of the claim, the amount of property claims in court, the type of application and other factors.

Calculation of the state duty for an administrative claim in court
Rules for calculating the state duty when the plaintiff changes property claims
Calculators for calculating the state duty when applying to the courts

Fee for an application to a court, an appeal or a cassation complaint

A Russian applying to the court should know what the state, fixed fee for filing an application is.

Note that the cost depends on the type of claim.

We will list the most common applications and determine what the state duty is established by law for 2017 for individuals:

You will have to pay a fee of RUB 300... for filing an application in a special proceeding case.
If a claim for divorce is filed, then the applicant pays 600 rbl.
For filing an application for the recovery of alimony, you need to pay a fee in the amount of 150 rbl... But, remember, if the court decision is not in favor of the plaintiff, then the amount of the fee may be doubled.
You must pay for the consideration of a supervisory complaint RUB 300.
When filing an appeal / cassation complaint, you must pay 150 rbl.

Everything is quite simple here. The citizen is not required to calculate the amount of the fee. Enough contact the court secretariat, to which the application will be submitted, and find out whether it is worth paying the fee and in what amount.

Most often, the secretary who accepts the documents himself sends the applicant to the banking organization, writing out the details to which the funds should be transferred.

State duties for different types of claims are established by tax legislation. We wrote more about them in the article State Duty 2017 - the size of the state duty and the main types

Calculation of the state duty on a property claim in the court for general civil cases

When a property claim (subject to assessment) is filed, the government fee is calculated taking into account certain interest conditions.

Here are examples of the calculation of the fee, which depends on the price of the claim.

1. The cost of the claim is up to 20 thousand rubles.

The most common claims in this category are related to the collection of funds. They are charged a fee of 4% of the claim price.

Example 1:

Citizen Serdyukov files a statement of claim with a request to receive the amount due under the loan agreement - 18 thousand rubles. from a friend. He will have to pay a fee in the amount of: 720 rubles.

Example 2:

Citizen Ivanov goes to court with a claim for early termination of the employment contract. It is known that the cost of the claim will be the sum of all payments that had to be made for the use of the property for 1-3 years. Ivanov in the application indicates the amount for last year use - 9.5 thousand rubles.

It turns out that the amount of the duty of 4% will be 380 rubles. But according to the law, Ivanov cannot pay the fee on this claim in the amount of less than 400 rubles. He will have to pay exactly this amount - 400 rubles.

2. The amount of the claim is 20-100 thousand rubles.

The formula by which the state fee is calculated is such that the applicant pays 800 rubles. And also 3% of the amount that exceeds 20 thousand rubles.

Example:

Citizen Petrov files a statement of claim with a request to transfer to him the ownership of half of the land plot, which was acquired in marriage with his ex-wife. The cost of the claim, as a rule, will equal the value of the property. The price of the land plot was estimated at 80 thousand rubles.

Let's calculate the cost of the duty:

We determine the percentage of the amount, over 20 thousand rubles. In this case: 60 thousand rubles. x 3/100 \u003d 1800 rubles.
We add 800 rubles to the received amount. We get the size of the state duty at 2600 rubles.

Please note that claims over RUB 20,001 are considered in this category. If the value of the property is exactly 20 thousand rubles, then the duty will be calculated according to the example of the previous category of claims.

3. The cost of the claim is 100-200 thousand rubles.

When filing a statement of claim, you must calculate the amount of state duty according to the following scheme:

RUB 3200 + 2% of the amount exceeding 100 thousand rubles.

Example:

Citizen Fedorova, in the statement of claim, indicated the requirements: to determine the ownership of half of the dacha acquired in marriage with her ex-spouse. The price of the claim will be equal to the cost of giving - 170 thousand rubles.

Let's calculate the duty:

We determine what percentage amount: 70 thousand rubles. x 2/100 \u003d 1400 rubles.
We add the set amount - 3200 rubles. We get the state fee - 4600 rubles.

The cost of the claim when calculating the duty must be at least 100,001 rubles.

4. The cost of the claim is 200,001 rubles. - 1 million rubles.

5200 RUB + 1% of the amount exceeding 200 thousand rubles.

Example:

Citizen Borovaya filed a lawsuit to recover funds under a loan agreement in the amount of 250 thousand rubles. from your friend.

The duty will be calculated as follows:

Let's determine what the percentage amount is: 250 thousand rubles. x 1/100 \u003d 2500 rubles.
Let's add a fixed fee - 5200 rubles. It turns out that the amount of the duty will be: 7700 rubles.

A property claim is calculated according to the same scheme.

5. The price of the claim is over 1 million rubles.

When calculating the fee, you must first determine the amount that exceeds 1 million rubles, and then calculate the fee according to the following scheme:

RUB 13,200 + 0.5% of the amount that will exceed 1 million rubles.

The limit is set here. With a citizen cannot take more than 60 thousand rubles.

Example:

Citizen Frolova asks the court to determine her ownership of half of the household in the statement of claim and transfer the property to her for use. The cost of the house is 3.5 million rubles.

Let's calculate the state duty:

We determine how much 0.5% of the amount exceeding 1 million rubles will be. In this case: 2.5 million rubles. x0.5 / 100 \u003d 12.5 thousand rubles.
We add to the result the set amount of 13,200 rubles.
We get that the state duty is equal to: 25,700 rubles.

If the amount of the fee is more than 60 thousand rubles, then according to the law, the applicant would pay exactly this amount, no more.

How to calculate the state duty on an administrative claim in court - formulas and an example of calculation

In accordance with clause 1 of part 1 of article 333.19, the state fee is calculated according to the above formulas if an administrative claim that is subject to assessment has been filed. The amount of the fee will be affected by the cost of the claim.

There are other types of administrative claims, the state duty on them depends on the person who submitted the application - physical or legal.

We list the possible rates of state fees for some administrative claims:

Article of the Tax Code of the Russian Federation	Name of the administrative claim	The amount of state duty for an individual / legal entity
Clause 6 of Part 1 of Article 333.19 of the Tax Code of the Russian Federation.	A claim related to challenging regulations of the Central Bank, the Government, the State Duma, the President of the Russian Federation and other important institutions.	RUB 300 for an individual and 4.5 thousand rubles. for the organization.
Clause 6.1) of Part 1 of Article 333.19 of the Tax Code of the Russian Federation.	The claim may be related to challenging acts federal bodies, state budget funds, the Central Bank, with regulatory properties.	The fee for these applications for an individual is 300 rubles, and for an organization - 4.5 thousand rubles.
Clause 7 of Part 1 of Article 333.19 of the Tax Code of the Russian Federation.	The claim may relate to the recognition of a non-normative legal act as invalid, or the recognition of any actions / inaction of representatives of state bodies as illegal.	In these cases, the state fee will be 300 rubles for an individual, and 2 thousand rubles for an organization.
Clause 15 of Part 1 of Article 333.19 of the Tax Code of the Russian Federation.	The claim may be related to compensation for violation of the right to legal proceedings within a reasonable time or the right to enforce a judicial act within a reasonable time.	The fee will be in this case: 300 rubles. for a citizen and 6 thousand rubles. for the organization.

Noticeif a complaint is filed under administrative case, no matter appeal or cassation, the amount of the fee will be 150 rubles.

And when a supervisory complaint is filed on an administrative claim, the citizen pays a fee of 300 rubles.

Rules for calculating the state fee when applying to the court if the plaintiff has increased or decreased property claims

The law provides for situations where the applicant / plaintiff may, in the process judicial trial change your requirements.

Because of this, the amount of the state fee may change:

If the claims increase and the cost of the claim increases, then the missing amount is paid.
If the cost of the claim decreases, then the state fee itself decreases. The amount overpaid earlier will be returned to the applied citizen.

Example 1:

Claims of a property nature may be related to shared ownership... For example, the applicant goes to court and asks to determine, to allocate to him a share of the specified property, and also to recognize his rights to it. The fee will be paid in the following amount:

RUB 200 If the applicant applies again and the court has already made a decision on the case.
The amount is calculated based on the rules for calculating property claims subject to assessment. We have indicated them above.

Example 2:

Claims may change when considering an issue related to inheritance cases and determining a certain share of property. In this case, the amount of the state fee is calculated taking into account the cost of the claim.

By the way, the courts can take into account the financial situation of the applicant and provide an installment plan to pay the state duty. We wrote about this in more detail.

Calculators for calculating the state duty when applying to courts in civil cases and arbitration courts

There are several ways to calculate the government fee.

The first is to contact a lawyer who will calculate everything for you.
The second is to carry out the calculation yourself.

To make the task easier, calculators for calculating fees.

Finding them is easy enough. To do this, go to official website of the courtto which you are going to apply.

For example, on the website of the Moscow Arbitration Court, the calculator looks like this:

For residents of the Moscow region, the corresponding website has the same calculator that will help calculate the amount of the duty.

There are other services that are not tied to the official pages of the courts... You can find them through any search engine.

For example:

Algorithm of the calculator simple. It automatically calculates the required amount based on the data provided.

You can use any calculator:

Determine what type of your application / appeal.
Indicate who the applicant is - an individual or a legal entity.
Enter the cost of the claim if the claim relates to property claims.
Get the result - the amount of the state duty, which must be paid at the bank.

It is better to find out the details of the court at the court secretariat.

07/14/2017, Sashka Bukashka

In this article, we'll show you when and how to pay the mandatory court fee.

A state fee is a mandatory fee that you have to pay when you go to court. The duty is paid in the amount established by the Tax Code. Based on the financial status of the payer, the judge has the right to exempt him from paying the state fee, reduce its amount, and also postpone or defer payment. And in some cases, the law completely exempts a person from paying this fee when applying for the protection of his rights. Now we will try to talk about the main issues related to this topic.

How much is

The state duty for a statement of claim to a district court, as well as to a magistrate, is paid in the following amounts:

When filing a property claim, the amount of payment can range from 400 to 60,000 rubles.

It all depends on the price of the claim:

up to 20 thousand rubles - 4 percent of the cost of the claim (but not less than 400 rubles);
from 20 thousand and 1 ruble to 100 thousand exactly - 800 rubles plus 3 percent of the amount exceeding 20 thousand rubles;
from 100 thousand and 1 ruble to 200 thousand - 3 thousand 200 rubles plus 2 percent of the amount exceeding 100 thousand;
from 200 thousand and 1 ruble to a million - 5 thousand 200 rubles plus 1 percent of the amount exceeding 200 thousand;
over a million - 13 thousand 200 rubles plus 0.5 percent of the amount exceeding one million rubles, but not more than 60 thousand rubles.

If you file a non-property claim, the state duty for citizens will be 300 rubles, and in case of divorce - 600. Please note that arbitration courts do not belong to courts of general jurisdiction, therefore, when contacting these judicial authorities a different procedure for calculating payments is applied.

If you are filing a claim that contains claims of both a property and non-property nature (for example, you ask to recognize your ownership of a land plot, as well as to remove obstacles in using it), you will have to pay the due amount both for property and non-property claim.

To correctly calculate the state duty when filing a statement of claim, it is most convenient to use a special calculator, for example, this one:

If you are still not sure how much to pay, do not be upset. Having established that a document confirming the payment of the state fee is not attached to your claim, or it has been paid in a smaller amount, the judge will simply leave your application without progress and set a time limit for eliminating the deficiencies. The determination that you receive will indicate the required fee.

How to pay

Details for payment can be found on the information board of that court. Also, this data is available on the websites of the judicial authorities, and most of them even have special services that will help to calculate the duty and generate a receipt.

You can pay in any convenient way: through the bank's cash desk, through a payment terminal or using Internet banking. Also, in many public places, special payment terminals are installed.

How to return the state duty for a statement of claim

To the party in whose favor the judgment is made, the judge shall award from the other party all legal costs incurred in the case, including the fees paid. To do this, you need to indicate the recovery of it from the defendant in the claim itself, or submit a separate application after the decision has entered into legal force.

If you paid more than you should have, the overpaid amount will also be returned. At your written request, the judge will issue a decision on the refund, with which you will need to apply to the tax authority at the location of the court.

In the same manner, the return of the state duty occurs when the claim is left without consideration - for example, when the plaintiff, who did not ask for the hearing of the case in his absence, did not appear at the court session on a secondary summons, and the defendant does not require consideration of the case on the merits.

When you can not pay at all

The state duty when filing a statement of claim is not paid in the following cases:

in cases of collection wages and other requirements arising from labor relations;
when collecting alimony;
in cases of compensation for harm caused by damage to health, as well as compensation for property or moral damage caused by a crime;
on issues related to the protection of consumer rights (with a claim price of up to 1 million rubles).

Also, disabled people of I and II groups do not pay the duty, pensioners - on claims to the Pension Fund and other pension issues; combat veterans and military service - when protecting the rights to veteran benefits.

The state duty in a court of general jurisdiction is included by the legislator in the amount of court costs associated with the consideration of the case. This article will help you correctly calculate the size of the federal duty and find out the procedure for paying it.

Calculation of the state duty in the magistrate court

How to pay the state duty in court

The cost of a statement of claim in court

A federal (state) fee is a fee that is paid by the plaintiff when filing a claim. It should be noted that the filing of some claims does not require payment of a state fee. In addition, in some cases, the court may grant a deferral or installment plan for the payment of the state fee.

The cost of the claim affects the amount of the levied state fee. The cost of the claim is determined based on the nature and volume of the plaintiff's claims against the defendant (for more details, see: What is included in the price of the claim in the statement of claim? Calculation of the cost of the claim).

The amount of the state duty on the statement of claim

The amount of the payment is established in accordance with Part 1 of Art. 333.19 of the Tax Code of the Russian Federation. The cost of the duty in the Armed Forces of the Russian Federation, courts of general jurisdiction and at justices of the peace is determined according to the following requirements of the law:

For property claims subject to assessment:
a) if the value of claims is up to 20,000 rubles, then the amount of the state fee reaches 4% of the value of the claim, but not less than 400 rubles;

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b) if the price of the claim is from 20,001 rubles. up to 100,000 rubles, then the size of the federal duty reaches 800 rubles. and plus 3% of the amount exceeding 20,000 rubles;

c) if the cost of claims is from 100,001 rubles to 200,000 rubles, then the amount of the duty reaches 3,200 rubles. plus 2% of the amount exceeding 100,000 rubles;

d) if the claim price is from 200,001 rubles to 1 million rubles. the size of the state duty is 5,200 rubles. plus 1% of the amount exceeding RUB 200,000;

e) if the cost of claims is more than 1 million rubles, then the amount of the fee is 13,200 rubles. plus 0.5% of the amount exceeding 1 million rubles, while the maximum amount of the duty is limited to 60,000 rubles.
Claims for the issuance of a court order are charged 50% of the amount of the fee for a property claim.
For claims of a property nature that are not subject to assessment, and claims of a non-property nature filed by individuals, the state duty is 300 rubles, for legal claims - 6000 rubles.
For supervisory complaints, the payment is set in the amount of the fee that is paid when a non-property claim is filed.
For claims for divorce, the fee is 600 rubles.
For claims on challenging regulatory legal acts filed on behalf of individuals, the state fee is 300 rubles, on behalf of organizations - 4500 rubles.
For applications for recognition of a non-normative legal act as invalid, as well as claims for recognition of acts and decisions government agencies illegal, filed on behalf of citizens, the fee is 300 rubles., from organizations - 2000 rubles.
For applications for special proceedings, the fee is 300 rubles.
For filing appeals and cassation complaints, a fee is paid in the amount of 50% of the fee, which is paid when a non-property claim is filed.
For applications for extradition writ of execution the fee for the compulsory execution of the arbitral tribunal's decision is RUR 2,250.
For claims for the recovery of alimony, the duty is 150 rubles. The size of the state payment is doubled if the court decides to recover child support and the plaintiff.

Where can you calculate the state duty in court

The calculation of the state duty in the court can be made by visiting the website of the judicial authority where they plan to file a claim. Most courts on their official pages on the Internet place convenient calculators for determining the cost of state fees.

Any user can use this calculator. To establish the amount of the federal duty, the citizen will need to indicate the price of the claim and the nature of the application being filed.

The website of the portal of the information space of justices of the peace also contains a simple calculator of state fees.

How to calculate the state duty in the district court

The state duty to the district court is determined in accordance with the current tax legislation of the Russian Federation. The calculation of the state duty to the district court can be made if you use the portal or calculator on the website of the district court.

In the free columns, the citizen will need to indicate:

the name of the district court where the case will be considered;
type of statement of claim;
the status of the plaintiff.

How to calculate the state duty in the magistrate court

The calculation of the state duty to the magistrate's court can also occur using the portal of the information space of the justices of the peace or the website of the magistrate's court.

The state duty to the magistrate's court will be determined after the introduction of the following data:

the name of the magistrate court accepting the application;
court area numbers;
types of statement of claim;
the status of the plaintiff.

The basis for calculating the amount of state duty is the cost of the claim, determined according to the rules established by procedural legislation. For example, in claims for ownership of real estate owned by a citizen, the value of the object, and therefore the price of the claim, can be determined according to market valuation data or technical inventory authorities (no less than an inventory estimate according to the technical passport). For claims for the recovery of alimony, the cost of the claim is the amount of alimony payments for the year. In claims for debt collection, the cost of the claim is considered to be a debt for a maximum of 3 years.

How to pay the state duty in court

Payment of the state fee to the court must occur before the claim is filed. According to Art. 132 of the Code of Civil Procedure of the Russian Federation, the plaintiff must present a receipt for payment of the fee along with the statement of claim.

Failure to provide a document confirming the payment of the fee is the basis for the return of the statement of claim.

Methods of payment of the duty and confirmation of the fact of payment

Payment is made in cash or by bank transfer.

Depositing funds in a non-cash form is confirmed by a payment order containing a mark of the bank or regional branch Federal Treasury about its execution.

When paying in cash, a citizen must have with him a receipt of a banking organization, an official or the cash office of the authority where the payment was made.

In addition, the legislator allows confirmation of the fact of payment of the fee by using information from the State Information System on state and municipal payments.

Contents of the receipt for payment of the state fee

A receipt for payment of a federal fee is the most common document confirming the fact that funds have been deposited.

The joint letter of the Ministry of Taxes and Levies of the Russian Federation No. FS-8-10 / 1199 and Sberbank of the Russian Federation No. 04-5198 dated 10.09.2001 in Appendix No. 1 contain standard form receipts.

According to the specified regulatory act, the payment document includes the following information:

document index;
Full name, address and TIN number of the payer;
payment amount;
bank details of the payee, including the BIK, account number, BCC;
TIN, KPP of the payee;
oKTMO number according to the all-Russian classifier;
payment date.

The receipt received at the bank must be signed by an employee of the banking organization.

Deferral and installment payment

Russian legislation in Art. 90 of the Code of Civil Procedure of the Russian Federation provides for the possibility of postponement and installment payment of the duty. The deferred payment implies the postponement of the lump sum payment. Installment means that payment will be made in stages.

According to Part 1 of Art. 333.41 of the Tax Code of the Russian Federation, deferrals and installments are provided for a period not exceeding 1 year. Interest on the amount of the fee in respect of which the court has granted the right to installment or deferred payment is not charged.

Duty surcharge

Additional payment of fees, according to the norms of Part 2 of Art. 92 Code of Civil Procedure of the Russian Federation, is required when the size of the claim increases.

The consideration of the case will continue after:

the plaintiff provides evidence of the payment of the fee;
resolving the issue of deferral or installments;
the adoption by the judicial authorities of a decision to reduce the size of the federal duty.

Refunds

The refund of the amount paid against the state fee is carried out if there are grounds listed in Art. 333.40 Tax Code of the Russian Federation.

Among the reasons for the full or partial refund of the paid federal fee, one can note:

Paying an extra amount.
Return of the application.
Refusal of the court to accept the application.
Leaving the application without consideration.
Termination of court proceedings.

Refund documents

The refund of the duty is carried out on the basis of an application from a citizen. Transfer of funds is made no later than 1 month from the date of receipt of the application.

In addition to the application, you will need to prepare payment documents confirming the fact that the federal duty has been paid, in the original copy, if the duty is to be returned in full. In cases where part of the fee is subject to refund, the applicant may submit copies of payment documents.

In addition to the receipt of payment of the fee, the applicant will need to submit:

court decisions;
judicial rulings;
certificates from the courts about the circumstances of the return of the duty.

Who is exempt from paying federal duty

The norms of Art. 89 Code of Civil Procedure of the Russian Federation stipulates the possibility of providing citizens with benefits in the payment of duties.

The tax legislation contains a wide list of persons exempted from paying state duty in court cases.

These include:

Heroes of the Soviet Union.
Heroes of the Russian Federation.
Full Cavaliers of the Order of Glory.
Participants and invalids of the Second World War.
Plaintiffs for:
- collection of wages;
- recovery of pay;
- collection of alimony payments;
- compensation for harm to health;
- compensation for harm as a result of the death of the breadwinner;
- compensation for property and moral damage caused as a result of a crime;
- protection of the rights and interests of the child;
- protection of the rights and interests of persons with disabilities (claims must be of a non-property nature);
- hospitalization of citizens in medical organizations in an involuntary manner;
- violation of consumer rights.
Citizens filing an appeal or cassation complaint on a divorce claim.
Citizens when submitting:
- complaints about the acts of the bailiff;
- complaints in cases of administrative offenses;
- a private complaint against a court ruling;
- a cassation appeal in a criminal case, where the correctness of the recovery of property damage is disputed;
- applications for adoption.
Rehabilitated persons.
Citizens who are recognized as victims of political repression.
Internally displaced persons.
Refugees.
Disabled persons of 1, 2 groups.
WWII veterans, military operations, military service within the framework of claims for the protection of the rights established by the legislation on veterans.
Pensioners receiving pensions in the Russian Federation, on claims against the Pension Fund of Russia and other pension authorities.

Citizens wishing to file a claim in court must pay the state fee in advance. This requirement is mandatory for all plaintiffs who are not among the persons who are entitled to benefits according to the Tax Code of the Russian Federation.

Certain civil, administrative and criminal cases as a court of first instance are considered by justices of the peace (part 1 of article 28 of the Federal Constitutional Law of December 31, 1996 No. 1-FKZ, article 23 of the Civil Procedure Code, article 17.1 of the CAS). We will tell you in our consultation about what state duty is paid when applying to the magistrate's court and on what details it is transferred.

How to calculate the state duty in the magistrate court

Please note that the magistrate court does not consider property disputes between organizations and individual entrepreneurs.

The size of the state duty and the peculiarities of its payment when considering cases by justices of the peace are established by Art. 333.19, 333.20 of the Tax Code of the Russian Federation.

For example, the magistrate's court considers cases on disputes of a property nature with a claim price of no more than 50,000 rubles (subparagraph 6 of paragraph 1 of article 3 of the Federal Law of December 17, 1998 No. 188-FZ, paragraph 5 of part 1 of article 23 of the Code of Civil Procedure ). In this case, the state duty must be paid as follows (subparagraph 1 of paragraph 1 of article 333.19 of the Tax Code of the Russian Federation):

if the claim price is up to 20,000 rubles inclusive - 4% of the claim price, but not less than 400 rubles;
if the claim price is from 20,001 rubles to 50,000 rubles inclusive - 800 rubles + 3% of the amount exceeding 20,000 rubles.

If an application is submitted for the issuance of a court order, the state duty will be 50% of the above duty (subparagraph 2 of paragraph 1 of article 333.19 of the Tax Code of the Russian Federation).

The magistrate court also considers, for example, cases of divorce if there is no dispute about children between the spouses (subparagraph 3 of paragraph 1 of article 3 of the Federal Law of December 17, 1998 No. 188-FZ, paragraph 2 of part 1 of article 23 GPK). The state duty in this case will be 600 rubles (subparagraph 5 of paragraph 1 of article 333.19 of the Tax Code of the Russian Federation).

State duty to the magistrate's court: requisites

The state duty to the magistrate's court is listed at the location of the court to which the applicant applies.

So, for example, when applying to the judicial district No. 235 of the Chertanovsky judicial district of Moscow, the state duty must be paid according to the following details:

Beneficiary bank: GU Bank of Russia for the Central Federal District

INN 7726062105 / KPP 772601001

Payee: UFK in Moscow (IFTS No. 26 in Moscow)

BIK 044525000

Account No. 40101810045250010041

OKTMO 45920000

KBK 18210803010011000110

Purpose of payment: "Payment of state fees in cases considered by justices of the peace."

The consideration of cases by courts generally requires the payment of a state fee. In this case, you must pay the fee when applying to the court before filing a request, petition, statement, statement of claim, administrative statement of claim or complaint (clause 1 of clause 1 of article 333.18 of the Tax Code of the Russian Federation). And how to calculate the state duty in court?

How much does it cost to go to court?

The procedure for calculating the state fee paid when applying to the court depends on the status of the judicial authority, as well as the type of appeal. The most common case of an organization appealing to the judicial authorities is filing a statement of claim with an arbitration court. When filing a statement of claim of a property nature, the amount of the state fee depends on the price of the claim.

The size of the "judicial" state duty and the peculiarities of its payment are established by Art. 333.19 - 333.23 of the Tax Code of the Russian Federation.

Is the state duty included in the price of the claim

The price of the claim is indicated by the applicant, and in case of an incorrect indication, it is determined by the arbitration court (clause 3 of article 103 of the APC RF, clause 2 of clause 1 of article 333.22 of the Tax Code of the Russian Federation).

The procedure for determining the price of a claim is as follows (clause 1 of article 103 of the APC RF):

The price of the claim also includes the amounts of the forfeit (fine, penalties) and interest specified in the statement of claim.

If the claim involves several independent claims, the value of the claim is determined by summing up all the claims.

The state duty, determined based on the price of the claim, is not included in the price of the claim itself. And, if the plaintiff wins, the state duty is reimbursed by the defendant separately as part of court costs (Art. 101, Clause 1, Art. 110 of the APC RF).

The size of the state duty to the court

Let us present the main fees for filing claims in arbitration courts.

When filing a statement of claim of a property nature that is subject to assessment, the amount of the state duty is (clause 1 of clause 1 of article 333.21 of the Tax Code of the Russian Federation):

When filing a statement of claim on disputes arising from the conclusion, amendment or termination of contracts, as well as on disputes on invalidating transactions, the state duty is 6,000 rubles (subparagraph 2 of paragraph 1 of article 333.21 of the Tax Code of the Russian Federation).

The same fee is paid when an organization submits an application for declaring the debtor insolvent (bankrupt) (subparagraph 5 of paragraph 1 of article 333.21 of the Tax Code of the Russian Federation).

The organization filed a statement of claim to recover money from the debtor under an unfulfilled supply contract in the amount of RUB 296,000, incl. a fine for violation of the terms of the contract and interest for the use of other people's money.

How to calculate the state duty on a statement of claim in this case, you can see in the table above. Since the price of the claim falls within the range from 200,001 rubles to 1,000,000 rubles, the state duty should be 7,000 rubles + 2% of the amount exceeding 200,000 rubles.

Consequently, the amount of the state duty on the statement of claim in this case will be 8,920 rubles (7,000 + 2% * (296,000 - 200,000)).