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How to calculate the state duty when filing a claim

How to calculate the state duty when filing a claim

When applying to the court together with the statement of claim and the need to provide a receipt for payment of state duty. Its amount depends on the category of the dispute, and of the amount of the claim.

Details correct calculation of state duty with all the nuances contained in the Tax Code.

State fee, its types

The state fee - a fee for the commission of acts that have legal significance. It is paid by both citizens and organizations in the manner and amount prescribed by law.
this duty shall be determined in accordancethe rules of the Tax Code, Article 333.19 of which the entire mechanism of calculation is explained in detail, provided that the claim is addressed to the magistrate or the District Court, that is, the so-called courts of general jurisdiction. For arbitration courts of the state duty payment is made somewhat differently.
Stamp duty is charged in the consideration of any disputes, even if they are non-property or property can not be estimated. In this case, the citizen will have to pay 200 rubles, and the organization - 4000 rubles.
If the court considered the case of divorce or alimony, the registration fee fixed size. According to the divorce - 400 rubles, alimony - 100 rubles.

How to calculate the stamp duty

The size of the state duty is totally dependentthe price of the claim, that is the amount that the plaintiff wants to obtain from the defendant. The law divides the rules for the calculation of state fee is money criteria.
If the claim is less than 20 000 rubles, theA state fee of 400 rubles, or 4% of the amount of the claim, but not less than 400 rubles. For example, the claim price - 20,000 rubles, the state tax amount that must be paid - 800 rubles. The calculation is as follows: 20 000 * 4/100 = 800. When the amount of the claim, 4% of which will be less than 400 rubles, you must pay 400 rubles. And with the amount of the claim, 4% of which will be more than 400 rubles - the amount obtained in the calculation.
If the price action in the range between 20 001up to 100 000 rubles, the payment shall be 800 rubles, and 3% of the amount exceeding 20 000 rubles. For example, the claim price is 55 000 rubles. 55 000 - 20 000 = 35 000- 35 000 * 3/100 = 1050- 1050 + 800 = 1850. Thus, the amount of duty at a price of 55,000 rubles action will be 1850 rubles.
With the price action from 100,001 rubles to 200 000 rublesfee charged for the consideration of the claim by the court shall be not less than 3200 rubles plus 2% of the amount exceeding 100 000 rubles. Thus, the price of the claim is 135 000 rubles. 135 000 - 100 000 = 35 000- 35 000 * 2/100 = 700 3200 + 700 = 3900. The size of the state duty at that price action will be 3900 rubles.
Price action from 200 001 to 1 million rubles. In this case, it paid 5,200 rubles, and 1% of the amount exceeding 200 000 rubles. For example, the price of the claim - 800 thousand rubles. 800 000 - 200 000 = 600 000- 600 000/100 = 6000 RUR is 5200 + 6000 = 11200 rubles. That is, the amount of duty at the price action of 800 000 will be equal to 11200 rubles.
Price action over 1 000 000 - paid 13,200 rubles and 0.5% of the amount in excess of 1 million rubles, but the scrip can not be more than 60 000 rubles.
If you apply for a court order, the size of the state fee will be 50% of the registration fee that would be paid when filing a property claim.

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