How to return the state duty from the arbitration court if the lawsuit has not been filed?

Many citizens are interested in the question: how to return the state duty from the arbitration court? This task is not always possible. And this fact will have to be taken into account. After all, litigation can be different. And they are also able to be solved by dissimilar methods.

In any case, the population should be aware of how to return the money paid for the consideration of the statement of claim under certain circumstances. And under what scenarios the money will not be returned to the applicant. Knowing all this, you will understand that there should not be any significant problems with the implementation of ideas.

Is there any chance?

Is it possible to return the paid state duty at all? The arbitration court, as practice shows, returns money for claims in certain circumstances. Is it legal? Yes. According to the rules established in Russia, every citizen can return the state fee for a case that has not been considered. Or in other circumstances. There are many reasons for returning. Every citizen should know about them.

Accordingly, it is possible to legally return the state fee for a filed lawsuit. This is a procedure that the judiciary often encounters. But what to do? And under what circumstances will 100% of the money be returned to the applicant?

Grounds

There are a lot of them. According to the established Russian legislation, modern citizens have the right to reflect on the question of how to return the state duty from the arbitration court if:

1. The amount of money contributed to the state treasury was higher than required. It's about overpaying. In this case, the balance will be returned to the applicant in full.
2. There was a refusal to accept the application. In other words, when the court says that it will not consider a particular case. The state duty is returned in full.
3. Upon termination of office work. And we are talking about the initiative of the department. If the judicial authority independently ceases to conduct certain cases, it shall return to the plaintiff the full fee paid.
4. Money is returned to the applicant if he withdraws the application for state registration of a computer base, software, topology of integrated circuits before they have already been registered. That is, when the application for registration is rejected.

Also, sometimes there are cases when claims are filed by people not on their own behalf. If it is possible to prove that the citizen did not apply to the court on his own, the fee will be returned in full, and the case will not be considered in court.

There is nothing difficult to understand. But how to return the state duty from the arbitration court? To answer this question, you first need to understand under what circumstances you can not count on the implementation of ideas in life.

When will not be returned?

To date, there are many options for the development of events in which the money paid for the statement of claim will be refunded. But there are circumstances that do not allow to realize the idea. Which ones? At the moment, the following situations are distinguished:

• The court of general jurisdiction recorded the conclusion of an amicable agreement between the parties. Then the case is terminated, but the money is not returned to the applicant.
• If the defendant voluntarily satisfies the requirements of the plaintiff after filing a claim of the established form. It is important that the money will not be returned only when the arbitral tribunal decides to accept the statement of claim.

In all other cases, as you might guess, money will be able to return. But how to do it? What do you need to know about this process?

Limitation of actions

For example, how much time will a citizen have in order to regain the money paid in the form of a state duty. In Russia, the so-called limitation period takes place . Does it apply to the task? Yes.

And how much is the limitation period of the claim type for the return of the state fee from the arbitration court? It is indicated that a citizen will have 3 years to realize his ideas. But even after this period, you can try to return the funds.

It is recommended that you start the process as early as possible. Otherwise, the judicial authorities may reject the request for a refund. And legally. For example, in 36 months some necessary documents may be lost. Then it will not work to regain the paid duty.

Order

How to return the state duty from the arbitration court if the lawsuit has not been filed? The thing is that there is a small algorithm of actions. It will allow you to gradually learn about the process of returning money for a filed claim. So, a citizen will be able to understand what he has to go through. How to return the state duty from the arbitration court? In order to bring the idea to life, it is required:

1. Collect a specific package of documents. Both copies and originals are needed. A complete list will be presented a little later.
2. To apply to the court with a statement of a standard form for a refund. 3 years are assigned to this task. The countdown starts from the moment the money is deposited in the treasury of the state.
3. Wait for a court decision. If the citizen decides to return the money, you will have to get a certificate of the court decision.
4. With a list of documents and a notice from the judicial authorities, you must come to the tax office and write a second application for a refund. A court decision is mandatory.
5. Wait for the transfer of funds to the citizen.

That's all. As a rule, the process of returning money to the plaintiff is not such a quick matter. You will have to stock up on time and patience to achieve a result. With proper preparation, no significant problems will arise. It remains only to wait for one or another term - until the court makes a decision, the tax authorities will consider the application and transfer the money to the account at the specified details.

Documents for the court

How to return state fees? By reference of the arbitration court. Without this document, you can not even contact the tax office. The thing is that you have to, as already mentioned, collect a certain list of documents. They go to court with them, then to the tax. What is useful to a citizen? Today, a person who wants to return the paid state fee to the arbitration court brings:

• Statement of established form with a detailed description of the circumstances.
• Receipts of payment of state duty with a check (in the original).
• Identification.

Nothing difficult or special. If the judicial authority initially refused to accept the application, then it issues a certificate of notification. It will come in handy later. In general, it is not so important for what reasons a citizen thinks about a refund. How to return the state fee according to the reference of the arbitration court? The principles remain the same. Only the foundations for translating ideas into reality differ.

Court decisions

So, the citizen filed an application and documents. What's next? How to return the state duty from the arbitration court? By reference or court decision - not so important. If it is a question of consideration of the application of the established sample, it is necessary to wait a little.

The judicial authority will accept the request and make a decision within the next 5 days. Next, a notification will be sent to the citizen. Within another 15 days, you will have to take a certificate from the arbitration court of the established form and a copy of the court decision. If they decide to refund the fee partially, the refund process will not change anyway.

After that, you will have to contact the tax service according to the principle already indicated - an application for refund is submitted, certain documents are attached, then money is expected to be received.

Visit to the tax

How to return the state duty from the arbitration court? By the decision of the court, which was issued, it is possible to put the idea into practice without any problems. In the same way as when the court rejects the claim. A citizen applies to the tax office at his place of residence. With a person should bring:

1. A copy of the judgment (if any).
2. The original state duty paid.
3. Passport of a citizen of the Russian Federation.
4. Certificate from the court of the established form. It is taken without fail in advance.
5. Statement of standard form for a refund.
6. Notice of rejection of the claim (if any).
7. SNILS of the applicant.
8. TIN (if available, but not required).
9. Details for the transfer of money.

It is necessary to provide copies and originals of all previously listed papers. Now it’s clear how to return the state duty from the arbitration court. But there is still information that will be useful to citizens.

Waiting time

And how much time is allotted for a refund? This question is also of interest to many. After all, it’s not enough to understand how to return the state duty from the arbitration court. It is necessary to realize how quickly it will turn out to realize the idea.

The thing is that after submitting an application to the tax service, you will have to wait no more than 30 days. Within a month, money must be returned to the plaintiff according to the details provided. If they were not present when submitting the application, the tax authorities notify the applicant about this, then offer to correct the situation in a month. It is not as difficult to return the state duty by the decision of the arbitration court as it seems. The main thing to remember is that all checks and receipts are attached in the originals.