The state duty, its types
State duty is a fee charged for actions that have legal significance. She is paid by individuals and organizations in the manner and amount prescribed by law.
The size of the specified fee determined in accordance with the rules of the Tax code article 333.19 of which explained in detail the entire mechanism of calculation, provided that the petition addressed to the magistrate or the district court, that is, the so-called courts of General jurisdiction. For the calculation of arbitration courts state duty is made a little differently.
Stamp duty is charged upon any disputes, even if they are non-property or property can not be assessed. In this case, the citizen will have to pay 200 rubles, and organizations - 4,000 roubles.
If the court is considering the case of divorce or alimony, the amount of duty fixed. The divorce - 400 roubles, for alimony - 100 roubles.
How to calculate stamp duty
The size of the state fee depends entirely on the amount of the claim, that is, from the amount the plaintiff wants from the defendant. The law also specifies rules for calculation of the state duty that is monetary criteria.
If the price of the claim less than 20 000, the state fee will be 400 rubles, or 4% of value of dispute but not less than 400 rubles. For example, the price of the claim is 20 000, the fee payable is 800 rubles. The calculation is as follows: 20 000 * 4 / 100 = 800. When the amount of the claim, 4% of which will be at least 400 rubles, it is necessary to pay 400 rubles. And the amount of the claim, 4% of which will be more than 400 rubles — the amount received in the calculation.
If the price of the claim is between 20 001 to 100 000 rubles is charged for 800 rubles and 3% of the amount exceeding 20,000 rubles. For example, the price of the claim is 55 000 rubles. 55 000 — 20 000 = 35 000; 35 000 * 3 / 100 = 1050; 1050 + 800 = 1850. Thus, the fee in the price of the claim 55, 000 will be 1850 rubles.
When the price of the claim from 100 001 roubles to 200 000 roubles the duty charged for 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 value of the claim is 135 000. 135 000 — 100 000 = 35 000; 35 000*2 / 100 = 700; 3200 + 700 = 3900. The fee specified in the price of the claim will be 3900 rubles.
Price action is from 200 001 to 1 000 000 rubles. In this case, paid 5200 and 1% of the amount exceeding 200 000 rubles. For example, the price of the claim — 800 000 rubles. 800 000 — 200 000 = 600 000; 600 000 / 100 = 6000 rubles; 5200 + 6000 = 11200 rubles. That is, the size of the state duty at a price of ISK 800 000 rubles is equal to 11200 rubles.
The price of the claim more than 1 000 000 rubles - shall be paid 13200 rubles 0,5% of the amount in excess of 1 000 000 rubles, but this sum cannot be more than 60 000.
If the application is submitted to issue a court order, then the fee will be 50% of the registration fee that would be paid when filing a property claim.
