All paid public services are subject to state duty, the fact of its payment is confirmed by the receipt, which is necessarily attached to the package of documents. Often, due to confusion, there are unpleasant situations when a citizen pays a large amount than in fact. Do not hurry to worry and look for the culprit of spending, because the difference can be returned by writing a corresponding statement. Also, if you refused the service later, but you have already paid for the fee - you also have the full right to refund. In this article you will find a complete list of reasons, and also learn what you need to take to get the state duty back.
In what situations you can return the state duty
This issue fully regulates Article 333.40 of the Tax Code of the Russian Federation. Full text you can see by passing link. The main positions say:
- You can return the difference for any state fee paid by mistake above the norm;
- The judicial duty is returned to the citizen if his case was not initiated at all, or the court rejected the statement;
- Such a duty can be frozen and paid to the next claim;
- If the world was even before the trial, the plaintiff will receive only half of the amount;
- The duty is not refundable if the defendant immediately satisfied the claimant's request before the court;
- Any amount will return if the legal entity refused to provide you with a state service.
However, there are cases when the duty can not be returned:
- State duty is not refunded for the services of the registry office, except for erroneous payment over the norm;
- If you refused to issue a passport of a citizen of the Russian Federation on the established legislative reason, the duty will not return. You can use the receipt when submitting documents;
- When you yourself refuse the service after payment of duties, money is not returned.
First, check with the list or article code if your case is suitable for refunds, then proceed to the following items.
Where to apply for a refund of state duty
To return money, you need to include a statement and appropriate evidence in the body that refused the state service or in which you listed the erroneous amount. It is his specialists who will decide on return and give you a certificate.
The whole process looks like this:
- You will take a receipt of payment and attach it to the application. Download the application form for a return duty. You can link: Statement. Fill it at home in order not to waste time;
- Give documents to the appropriate authority and wait for the decision;
- In case of a positive solution, you are issued a reference. Present it in the tax service and get back funds. Sometimes the state organization itself is engaged in the transfer of funds, but this does not apply to the courts.
If the decision is negative, and you disagree with it, then you need a written refusal to an organization that it is obliged to issue. With a statement, refusal and receipt, contact directly in the tax service.
How much wait for the return duty
Just the term folds from several factors:
- For consideration of your application, the organization has five days;
- Fifteen still stands out for certificate issuance for tax service;
- The FNS has a month for returning your funds.
If the organization translates your money bypassing the FTS, then it also has a month. Payment comes from the Federal Treasury.
Enrollment of funds will occur on the same account from which they were removed. If you paid in cash, the statement indicates details to return: the number of savings book, a bank card or personal account of an individual.