State duty for recognition of ownership of an apartment

How to use the state duty calculator 2021

The plaintiff pays a state fee to the court when filing claims, applications and complaints. At the same time, he must attach (in the attachment) the original document confirming payment of the state duty to the documents to the court.

The calculation of state duty has a certain algorithm. You can calculate the exact amount using a calculator. First, it is necessary to determine what the cost of the claim is, whether the payer can take advantage of benefits, whether he files a statement of claim or an application in a special proceeding for the issuance of a court order.

So, the state fee to the court. The 2021 state duty calculator is easy to use. Select the desired item. Then enter the claim price (note that not all claims are subject to valuation). The calculator will show the amount of state duty that will need to be paid. In addition, we will indicate the jurisdiction of civil cases (magistrate or district (city) court).

The amount received using the state duty calculator must be paid through a bank in the region where the claim will be filed. And on behalf of the document submitter (plaintiff, applicant). Details can be found on the official website of the court where the plaintiff is filing documents.

Receipt for payment of state duty: validity period

Transactions on registration of rights to real estate have a clear procedure for regulation, therefore all terms of their payment are regulated by law. As a rule, payment is made on the eve of the conclusion of the transaction or on the same day, but before the procedure for registering the right. The state duty will be valid for one calendar year, but in case of a reasoned refusal to register a real estate transaction, the payment will be non-refundable.

For a vehicle driver's license - if you have a document confirming payment of the payment, you can apply for a driver's license within one calendar year.
The state fee for registering a car is also valid for a year and must be paid at the time of registration of the vehicle - no later than 10 days from the date of purchase of the car or other transport.
The validity period of the paid state fee for issuing a foreign passport, regardless of whether it is an old or new sample and whether the fee was paid through the State Services website, bank or ATM, will also be 1 year.
Regarding the state fee for issuing or replacing a Russian passport, the validity of the state fee for these actions will be limited to the period of replacement of the passport - no later than 1 month after reaching 20, 45 years of age and from the moment of changing the last name, first name or patronymic.
When registering or dissolving a marriage, the marriage or divorce procedure is carried out a month after applying to the registry office or another period if there is a queue, respectively, exactly this period - 1 calendar month - will be the state duty for these actions.

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If persons who filed an application for divorce or marriage registration did not appear after 1 month to complete the procedure or received a reasoned refusal (to register a marriage), in accordance with Article 333.40 of the Tax Code of the Russian Federation, the paid state duty is not refundable.

The amount of court state fees depends on the amount specified in the statement of claim and directly depends on it. If during the court hearing the amount of the claim changes, within the period established by law the citizen will be obliged to make an additional payment or return the overpaid amount.

When to use the 2021 state duty calculator

The presented calculator is used to calculate:

fees for consideration of cases considered by district (city) courts
fees for cases considered by magistrates
state fees to regional, regional, republican courts, to the Supreme Court of the Russian Federation

In 2021, the amount of the state fee to the court has not changed. When filing claims, starting from January 1, 2021, the state duty must be paid at the specified rates.

In the event of a positive decision in the case, the plaintiff may recover the state fee from the defendant, as well as other legal expenses.

Deadlines for payment of state duty

1) when applying to the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, courts of general jurisdiction, arbitration courts or magistrates - before filing a request, petition, application, statement of claim, administrative claim, complaint; 5.1) when applying for annual confirmation of the vessel’s registration in the Russian International Register of Ships - no later than March 31 of the year following the year of registration of the vessel in the specified register or the last year in which such confirmation was made; The state duty is paid after such actions are carried out only in one case, when organizations and individuals act as defendants in courts of general jurisdiction, arbitration courts or in cases considered by magistrates, and if in this case the decision is not made in their favor and the plaintiff is exempt from paying it. In this case, payers pay the state duty within 10 days from the date the court decision enters into legal force.

What is the state duty to court?

State duty (state duty) to court is a fee established by law that the payer must pay when going to court.

State duty refers to legal expenses, which is enshrined in Articles 88 of the Code of Civil Procedure of the Russian Federation, 103 of the Code of Arbitration Procedures of the Russian Federation. The Code of Civil Procedure and the CAS establish the procedure for determining the price of a claim and cases of additional payment of state duty. The provisions of the procedural codes establish the procedure for the collection and distribution of legal costs, including the state fee paid when filing a claim.

The amount of the state duty, the procedure for its payment, cases of granting benefits, the possibility of deferment, installments and refund of the state duty are established by Chapter 25.3 of Part 2 of the Tax Code of the Russian Federation. The state fee calculator does not take into account these individual privileges.

How to file a claim without state duty

As our practice shows, most often the courts grant a deferment of payment of the state duty until a decision is made in the case

. By issuing a final judicial act, the court decides on the distribution of legal costs between the parties in accordance with procedural law. For what period of time is a deferment (installment plan) for payment of state duty granted? Deferment and installment payment of state duties is granted for a period not exceeding one year (Article 64. Procedure and conditions for granting deferment or installment payment of taxes and fees). When applying to the court for a deferment (installment plan) of payment of the state duty, the plaintiff must indicate the period during which, based on his financial situation, he has the opportunity to pay the amount of the state duty in installments - in installments, or the period by which his property and financial situation will change to so much that it will allow him to pay the state duty in full - if deferred.

State duty to court for property claims

The amount of the state fee depends on what kind of application you are going to file with in court. If the claims are of a property nature, then the state duty is calculated based on the value of the claim using the following formulas, based on the price of the claim:

up to 20,000 rub. the state duty is 4%, not less than 400 rubles;
from 20,001 rub. up to 100,000 rub. The amount of the state fee to the court is determined by the amount of 800 rubles. and 3% of the amount exceeding 20,000;
from 100,001 rub. up to 200,000 rub. The amount of the state fee to the court will be 3200 rubles. plus 2% of the amount, more than 100,000 rubles;
from 200,001 rub. up to 1,000,000 rub. The state duty will be 5,200 rubles. and 1% of the amount over 200,000 rubles;
finally, if the value of the claim is more than 1,000,000 rubles. The amount of the state duty is determined by adding 13,200 rubles. and 0.5% of the amount exceeding 1,000,000 rubles, but not more than 60,000 rubles.

For administrative claims subject to assessment, the calculation of the state fee will be similar.

State duty: payment, details, receipt, payment

12) individuals recognized in accordance with the established procedure as needing to improve their housing conditions - for certifying transactions for the acquisition of residential premises, fully or partially paid for through payments provided from the federal budget, budgets of constituent entities of the Russian Federation and local budgets; 19) for issuing permits to conduct clinical trials of medicinal products for medical use on applications submitted before the entry into force of the Federal Law of April 12, 2010 N 61-FZ “On the Circulation of Medicines”, as well as on applications submitted after the entry into force by virtue of Federal Law No. 61-FZ of April 12, 2010 “On the Circulation of Medicines”, on the basis of examinations carried out before the Federal Law of April 12, 2010 No. 61-FZ “On the Circulation of Medicines” came into force;

01 Jan 2021 marketur 1014

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Features of calculating state duty for certain categories of cases

The Tax Code of the Russian Federation establishes the specifics of calculating state fees in court for a number of categories of cases:

When filing a claim for divorce in court, the state fee is paid in the amount of 600 rubles.
when filing claims arising from alimony obligations, the state fee to the court will be 150 rubles. If the court makes a decision to collect alimony, both for the maintenance of children and for the maintenance of the plaintiff, the amount of the state duty is doubled. When filing a claim, the plaintiff is exempt from paying state fees.
if an application for a court order is filed, the applicant pays a state fee in the amount of 50% of the amount that he must pay when filing the corresponding claim.

If the plaintiff goes to court with a claim of a non-property nature or the claim is not subject to assessment, as well as when filing a complaint in the order of supervision, the amount of the state duty for citizens will be 300 rubles, and organizations pay a state duty of 6,000 rubles.

When filing an appeal or cassation complaint, citizens pay a state fee of 150 rubles, organizations - 3000 rubles. Filing administrative claims to challenge legal acts in court the amount of state duty entails the obligation for citizens to pay 300 rubles; for legal entities 4500 rubles; the size of the fee will be similar when challenging non-normative acts of the highest authorities of the Russian Federation;

When challenging the actions of officials, non-normative acts of state bodies and local self-government bodies in administrative proceedings, the amount of the state duty for individuals will be 300 rubles; for organizations – 2000 rub.

When an interested person submits an application to the court in a special proceeding, he pays a state fee of 300 rubles. (statement to establish a fact of legal significance).

Payers procedure and terms for payment of state duty

According to Article 5 of the Hague Convention of 1961, the convention abolishes the requirement of legalization of foreign official documents (the Convention entered into force for the Russian Federation on May 31, 1992 in accordance with Resolution of the Supreme Court of the RSFSR of April 17, 1992 No. 2119-1 “On the accession of the USSR to the Hague Convention of 1961 year, abolishing the requirements for the legalization of foreign official documents"), an apostille is affixed at the request of the signatory or any bearer of the document. When completed properly, the apostille certifies the authenticity of the signature, the quality in which the person who signed the document acted, and the authenticity of the seal or stamp with which this document is sealed. A signature, seal or stamp affixed to an apostille does not require any certification. For example, an apostille is a special stamp on a national diploma or other document for recognition abroad, a stamp on a power of attorney, which allows the authorized person to carry out all actions related to the purchase and registration of a car abroad in the name of the principal. The defendants must pay the state duty within ten days from the date the court decision enters into legal force. Defendants become state duty payers if the court decision is not in their favor and the plaintiff is exempt from paying state duty.

How is the state fee paid to the court in 2021?

When filing claims containing property and non-property claims (for example, to recover the amount of damage and compensation for moral damage), a state fee is paid to the court for each individual claim. State duty calculator 2021 will help for every requirement.

When filing claims in court for the division of property, for the allocation of a share, for recognition of the right to a share in the property, the amount of the state duty depends on whether the court has previously considered demands for recognition of the right of ownership of this property. If considered, the state duty for citizens will be 300 rubles, for organizations 6,000 rubles.

If the plaintiff has increased the size of the claim, he must pay an additional state fee.

In case of simultaneous divorce and division of property, the state duty will be 600 rubles. plus the amount of the state duty from the price of the property claimed by the plaintiff.

The court has the right to exempt the plaintiff from paying the state duty, reduce its amount, grant a deferment or installment plan for payment (if there is a corresponding application), taking into account the financial situation of the applicant.

State duty: payment, details, receipt, payment

3. When filing claims of a property nature, administrative claims of a property nature and (or) claims (administrative claims) containing simultaneously claims of a property and non-property nature to courts of general jurisdiction, as well as magistrates, the payers specified in paragraph 2 of this articles are exempt from paying state duty if the cost of the claim does not exceed 1,000,000 rubles. If the value of the claim exceeds 1,000,000 rubles, the said payers shall pay the state duty in the amount calculated in accordance with subparagraph 1 of paragraph 1 of Article 333.19 of this Code and reduced by the amount of the state duty payable if the cost of the claim is 1,000,000 rubles. 25) for state registration of rights, restrictions (encumbrances) of rights to land plots from agricultural lands, transactions on the basis of which rights to them are limited (encumbered), with the exception of legally significant actions provided for in subclauses 22.1 and 24 of this clause - 350 rubles ;

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According to subparagraph 3 of paragraph 1 of Article 333.22 of the Tax Code of the Russian Federation and paragraph 10 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 46, if the plaintiff reduces the size of the claim, the amount of overpaid state duty is returned in the manner prescribed by Article 333.40 of the Tax Code of the Russian Federation.

The amount of legal expenses reimbursed by the losing party in the amount awarded by the court (in this case - in the amount of the state duty paid) is recognized as other income of the organization (clause 7, 10.2 of the Accounting Regulations “Income of the Organization” PBU 9/99, approved by the Order Ministry of Finance of Russia dated 05/06/2021 N 32n). In this case, an entry is made to the debit of account 76, subaccount 76-2, and to the credit of account 91, subaccount 91-1 “Other income”.

Petition to assign state duty to the defendant

No impossible. It is possible to apply for a deferment or installment payment, but this requires compelling reasons. In general, failure to pay the state duty is grounds for leaving the statement of claim without progress, and in the event of failure to eliminate the violation (i.e., in your case, failure to pay the state duty) within the time limit established by the court, grounds for returning the statement of claim to the plaintiff

In this case, persons who disagree with the submitted application for reimbursement of expenses may submit an objection (review) to such an application. The main part of this document provides a rationale for the position of the author of the objection (review), including references to the norms of law and case materials.