Exemption from payment of state duty to court. State Duty Benefits

Under the law, many categories of citizens are granted benefits. Exemption from payment of state duty to the court is one of them. This nuance is recorded in Art. 333.35, 333.36 of the Tax Code. Benefits are established based on the category of the dispute and the status of the citizen. Read more about this advantage in the article.

Special status

Exemption from payment of state duty to the court is applicable for persons with special status:

1. Heroes of the USSR, Russia, gentlemen of the Order of Glory.
2. Disabled and veterans of the Second World War, prisoners of concentration camps, prisoners of war, who were captured during the war.

It is enough for these persons to confirm their status with the help of documents in order to take advantage. The exemption applies in all cases, no matter what court a person applies to. The remaining persons pay state fees on a common basis.

Filing a lawsuit

Plaintiffs can expect to be exempted from paying state fees to the court if they file applications with courts of general jurisdiction, justices of the peace, the Supreme Court of the Russian Federation under the Code of Civil Procedure of the Russian Federation and administrative proceedings. This applies to cases of:

1. Compensation for salaries, benefits, other requirements for labor relations.
2. Exacting alimony.
3. Compensation for damage resulting from injury or other damage.
4. Compensation for harm after the death of the breadwinner.
5. Compensation of material and moral damage from a crime.
6. Compensation for harm from prosecution.
7. Adoption (adoption) of a child.
8. Protect children's rights.
9. Ensuring the interests of persons with disabilities.

In these situations, the details of payment of state duty to the Supreme Court or other authority will not be required. This information is necessary only for those who are not included in the preferential category.

Other cases

The exemption from payment of state duty to a court of general jurisdiction is recorded in several situations:

1. Issuance of documents to organizations, individuals in cases of recovery of alimony and criminal cases.
2. At the time of appeal or cassation of divorce.
3. Receipt of applications to the court regarding the postponement of the execution of the decision, changing the method of execution, reviewing the decision.
4. Filing an administrative claim, an application for appeal against the actions of the bailiff.
5. Filing criminal complaints in court.
6. Issues of applying laws on the restoration of the rights of victims of political repression.
7. Submission of applications for disagreement with the refusal to file a petition for recognition of persons as migrants and refugees.
8. Administrative proceedings on the hospitalization of a citizen without consent.
9. Granting the right to the author to apply the result of mental work.

It is not required to pay state fees to prosecutors who turn to the court to protect the rights of citizens, the interests of the Russian Federation, and subjects. With the filing of a request for verification of a sentence that has entered into force, decisions, rulings, court decisions, the Commissioner for Human Rights does not need to make a fee.

If the plaintiff or defendant is a state body, local government, then they do not need to pay the state fee. For claims regarding consumer rights brought by federal authorities, no fee is charged.

Cost action

When assigning a state duty, the cost of the claim must be taken into account. It is important to know this before going to court. According to part 2, 3, Art. 333.36 of the Tax Code of the Russian Federation, during the consideration of administrative and civil cases in courts, the following are exempted from the state duty with a claim amount of up to 1 million rubles:

1. Plaintiffs in cases concerning violation of consumer rights.
2. Organizations and associations of persons with disabilities.
3. Veterans.
4. Retired in financial affairs.

There are privileges when paying state duty at cost. If the value of the claim is more than 1 million rubles, then the fee must be paid from the amount that is more than 1 million rubles. According to the rules of Part 2 of Art. 333.20 of the Tax Code of the Russian Federation, a court may exempt the payer from paying tax, reduce its amount, and grant a deferment in its payment, taking into account the financial situation.

Deferment

The initiation of the application suggests that the payment will be made later, after the expiration of any period. It is advisable to ask for a time before the court will make a decision. Then there is a high probability that upon satisfaction of the claims the recovery to the state budget will be carried out by the defendant.

An application for deferred payment of state fees to the court is accompanied by papers that confirm the plight of the plaintiff. They can be extracts from the sick leave, information about the salary, documents on income, due to which the fee will be paid in full.

The condition for granting a deferral of the fee to the court of general jurisdiction is the difficult financial situation of the plaintiff, which appeared due to:

1. Prolonged illness.
2. Disability.
3. Bankruptcy.
4. Natural disaster damage.
5. Low pay.

For example, in a property claim, where the fee is based on the amount indicated in the lawsuit, the fee is 13,000 rubles. And the official income is not more than 15 thousand rubles. The following nuances are not grounds for installment payment or deferred payment of state duty:

1. The presence of children who are dependent on the plaintiff.
2. Debentures.
3. Deprivation of permanent income.
4. The presence of the plaintiff property.

These circumstances affect the income of the plaintiff, but are not considered evidence of solvency. Therefore, they need to make a fee on a common basis. Other nuances regarding payment of duties are not considered by law.

Deferral request

A lawsuit or other document, according to which it is necessary to pay the state fee, must be filed with a request for deferment of payment of the state fee to a magistrate court or other court. If the feed is separate, the deferral is refused. It is important to provide the court with evidence of the plaintiff’s difficult financial situation. In the application it is important to indicate:

1. Subject of claim.
2. The need to make a fee.
3. The justification of the right to deferment of art. 333.20 of the Tax Code of the Russian Federation.
4. Facts and arguments on which deferral or installment plan will be provided.
5. Due date.

An application for the payment of state duty during the year can be submitted only in civil and arbitration cases. By law, such motions in criminal matters cannot be approved.

Court of Arbitration

This instance considers financial and economic matters related to violations of the terms of contracts - refusal to fulfill obligations, payment for services, goods, loans. Applying to arbitration is related to the amount of money.

The state duty is a mandatory payment made by the initiator of the court before the start of the process. The amounts at the arbitration court are as follows:

1. With a lawsuit up to 100 thousand rubles - 4% of the amount.
2. 100-200 thousand rubles - 4000 rubles + 3%.
3. 200 thousand - 1 million rubles - the fee is 7000 rubles + 2%.
4. 1-2 million rubles - 23 thousand rubles + 1% of the amount.
5. From 2 million rubles - 33 thousand + 0.5%.

As can be seen from the calculations, the amounts will be different for everyone. Deferral to the arbitration court is granted for a maximum of 1 year, during which the payer must pay. But not always and not all are provided with such benefits. The reasons for the postponement are as follows:

1. Lack of money for full payment due to losses from anthropogenic factor.
2. Bankruptcy of a person or company with a one-time payment.
3. The decline in production.
4. Deterioration of material condition due to late payment.
5. Disability and disease.

Insolvency is confirmed using the following documents:

1. Help from the tax.
2. Bank statements.
3. Debt.

Conclusion

Thus, many categories of citizens are exempted from this fee. Before going to court, you should find out all the nuances regarding the state duty. And then there will be no difficulties.