State duty for dividing marital property: through the court, calculator

In the article “Division of property during divorce,” we mentioned that a husband and wife can divide property acquired during marriage in two ways:

• Contractual - provides for a voluntary agreement between husband and wife on how apartments, cars, and land plots should be divided. The division of property is carried out by concluding a special agreement - a written document that determines who will get what.
• Legal - undertaken if the husband and wife cannot agree. In this case, you have to seek help from the court.

Experienced lawyers advise making the division by agreement between husband and wife - by concluding an agreement. Then you can avoid wasting time, paperwork and the cost of paying state fees. When going to court, costs cannot be avoided.

In this article we will look at how the state fee is calculated and paid when filing a claim for the division of property between a husband and wife in 2020.

Division of property in court and state duty

If insoluble disputes arise between a husband and wife regarding common property, it can be divided through the court. But then you will have to pay for the services of the court.

All issues related to the calculation and payment of state duties are determined by the Civil and Tax Code of the Russian Federation.

If a statement of claim is filed, which simultaneously states claims for division of property and divorce (or for any other claims), the state fee is paid for each claim separately. This is provided for by subparagraph 12 of paragraph 1 of Article 333.20 of the Tax Code of the Russian Federation. The total amount will be from 600 rubles and above.

Cost of claim

The claim for division of property is of a property nature.

The state duty on claims of a property nature is calculated based on the price of the claim.

The cost of the claim depends on the value of the property that must be divided by the court. As a rule, each spouse claims half of the joint property, so the value of half of the property must be indicated in the claim.

Property valuation

To indicate the claim price, you must have an idea of ​​the value of the property. The assessment of property objects is mandatory for calculating the state duty, as well as for the fair division of property (both in equal and unequal shares), to determine compensation for property.

The value of real estate is determined according to the inventory valuation contained in the BTI documentation, the value of land - according to the cadastral valuation contained in Rosreestr documents.

If there is no inventory or cadastral assessment, an assessment of the market value of the property . True, it is much higher, so the size of the state duty will also be impressive.

Note: from January 1, 2020, cadastral valuation of property is applied in all constituent entities of the Russian Federation.

As for less valuable movable property, the plaintiff can assess its value at his own discretion , taking into account the original cost, service life, wear and tear, and obsolescence. To make the valuation look more convincing in the eyes of the court, you can provide an appraisal report drawn up by a specialized appraisal company.

Calculation of state duty based on the claim price (example)

So, according to Article 333.19 of the Tax Code of the Russian Federation, in 2020 the state duty is calculated based on the price of the claim for division of property in this way:

• If the claim price is less than 20 tr. – 4% of the claim price, but not less than 400 rubles;
• If from 20 to 100 tr. – 800 rub. and 3% of the amount exceeding 20 tr;
• If from 100 to 200 tr. – 3.2 tr. and 2% of the amount exceeding 100 tr;
• If from 200 tr. up to 1 million rubles – 5.2 tr. and 1% of the amount exceeding 200 tr;
• If the cost of the claim is more than 1 million rubles. – 13.2 tr. and 0.5% of the amount exceeding 1 million rubles, but not more than 60 thousand rubles.

Thus, the state duty can range from 400 rubles to 60 thousand rubles, depending on the price of the claim.

Example:

There was a divorce between Irina and Sergei. Their joint property costs 180,000 rubles. Spouses need to calculate the amount of state duty for filing a claim in court. To do this, we will follow the algorithm:

• The price of the property is 180,000 rubles. - this fits into the range of 100 to 200 thousand rubles.
• This means we make a deduction using the formula 180,000 - 100,000 = 80,000 rubles.
• Let's define 2% of the specified amount, i.e. 80,000 rubles x 0.02 = 1,600 rubles.
• We add 3,200 rubles to it - we get 4,800 rubles.

Total: the state amount payable is 4,800 rubles for both or 2,400 rubles for each spouse.

How to pay the state fee?

The price of the claim is indicated by the plaintiff in the statement of claim, the amount of the state duty is calculated independently.

The state fee must be paid before filing a claim. Details for payment can be obtained from the office of the court in which the claim is filed.

If, upon acceptance of the claim by the court, an obvious discrepancy between the price of the claim and the value of the property to be divided is revealed, then the court itself calculates the state duty.

Deferment and installment payment

With the consent of the court, it is possible to defer, spread or reduce the amount of state duty.

To do this, the plaintiff must have a good reason, for example, low income and difficult financial situation, the presence of minor children or dependent relatives, serious illness, old age.

When applying for an installment plan, deferment or reduction of the state duty, it is necessary to provide the court with documents confirming these circumstances (Article 333.41 of the Tax Code of the Russian Federation).

Is it possible to refund the state duty?

If the plaintiff paid the state fee, but changed his mind about filing a claim, it is necessary to write an application to the tax authority for a refund of the paid amount of the state fee.

You must present a receipt for payment and a document from the court confirming that the claim was not filed. Similar actions must be taken if the court returned the statement of claim to the plaintiff.

It is also possible to return the overpaid amount of state duty.

The statute of limitations for contacting the tax authorities on this issue is 3 years.

Calculating the state duty does not present any particular difficulties. But it happens that spouses do not agree on the issue of assessing property, allocating personal assets, or determining expenses in the family budget. This means that there may be difficulties with calculating the state duty. The court is not interested in disputes between spouses.

Therefore, before calculating the payment, it is necessary to resolve controversial issues. If you have any difficulties, contact our lawyers. They will help you calculate the state duty, find out the jurisdiction, the cost of the claim and other requirements. Call the hotline or write in the form on the website.

Consultations are free and 24 hours a day!

Source: http://law-divorce.ru/gosposhlina-na-razdel-imushhestva-pri-razvode/

State duty to court for a claim for division of property of spouses

According to the law, the state duty for the division of property is calculated based on the requirements of Art. 333.19 of the Tax Code of the Russian Federation and depends on the cost of the claim. The obligation to pay it rests with both parties – the plaintiff and the defendant. In order to calculate everything correctly, you need to know all the subtleties and criteria of the Tax Code of the Russian Federation.

Grounds for division of property

In accordance with the RF IC, any property acquired during marriage is jointly acquired, even if one of the spouses did not work. The basis for its division is the appeal of one of the parties to the court, while the distribution of shares is possible both during the marriage and during or after the divorce process.

There is another option for the division - concluding an appropriate agreement with a notary. In this case, it is not the state duty that is paid, but the notary fee for certification of the transaction. An agreement can be drawn up if both spouses have agreed on the distribution of shares and have no objections. In other cases, it is necessary to go to court.

What property is not divided

According to the law, property acquired before marriage cannot be divided. The following is also not shared:

• things received as a result of donation or inheritance during family relationships;
• clothing, footwear, personal hygiene items and personal use;
• copyright.

If the property was acquired after the spouses actually moved to different places of residence, but during the marriage, it is subject to division.

Most often, citizens divide real estate and cars acquired during marriage. Such things are virtually indivisible, so the parties can receive monetary compensation or the provision of other valuables in return for those required. The latter is possible only by agreement.

State duty amount

The amount of the state duty when going to court on property transactions is established by clause 1, part 1 of Art. 333.19 of the Tax Code of the Russian Federation and depends on the value of real estate and other valuable things to be distributed between spouses. A fixed portion is also paid.

Cost of share in property	State duty amount
Up to 20 thousand rubles.	4%, minimum – 400 rub.
From 20 to 100 thousand rubles.	800 rub. +3%
From 100 to 200 thousand rubles.	3,200 rub. +2%
From 200 thousand rubles. up to 1 million rubles	5,200 rub. +1%
More than 1 million	13,200 + 0.5%, but not more than 60,000 rubles.

Important! The amount of the state payment is determined not from the total value of the property, but from the price of the claims. For example, if housing costs 5,000,000 rubles, but the plaintiff demands compensation of 2,500,000 rubles. or transfer of half of the living space into ownership, the payment will be calculated from the last amount.

For correct calculation, you must use the instructions:

1. Determine the cost of housing or things to be divided. This can be done by conducting an examination; in addition, an expert report will be required when submitting documents to the court - it is the basis for the claims. Unsubstantiated assessment is not allowed.
2. Find out the value of the item claimed by the plaintiff. If this is half of the housing, its total price is reduced by 50% to calculate the payment to the state.
3. Multiply the resulting amount by the percentage and add the fixed part.

To understand the features of calculus, it is enough to familiarize yourself with a practical example:

Who pays the state duty when dividing property?

The final amount of the state duty is determined by the court after a decision is made, which will indicate to whom and what share in the property goes. Claims can be satisfied in whole or in part, therefore, if the plaintiff has paid an excessive amount of the fee, he can demand a refund from the defendant. The remainder will be transferred to the state budget.

During the trial, the parties may reach a settlement agreement. In this case, questions regarding payment of state fees are reflected in the document.

For example, the plaintiff can assign the entire transfer obligation to himself, and then its amount will be calculated not from his share in the real estate, but from its total value. In fact, he pays it for the defendant.

The opposite conditions are also allowed, the main thing is the fact of payment itself.

How to pay the state fee: step-by-step instructions

The payment procedure itself looks like this:

1. The plaintiff calculates the cost of his share, then calculates the amount of the state duty in accordance with Art. 333.19 Tax Code of the Russian Federation.
2. The state fee is paid. This can be done at a bank branch, through a terminal or online banking if you have a plastic card. Payment must be made according to the details of the court where the claim is filed. If the price of the property does not exceed 50,000 rubles, the claim is sent to the magistrate court, in other cases - to the district court.
3. The payment receipt is retained.

If the payment was made through an online resource, it is recommended to order a receipt to be sent by email. It will contain all the details and seal of the financial institution through which the money was transferred. Such a document is accepted by the court.

When making a payment through the terminal, it is enough to indicate the court details, the amount and your own data, and then pick up a receipt from the device.

Is it possible to return the state fee?

The state fee is refunded if the plaintiff independently withdraws the application before it is accepted by the court for proceedings, or waives the claims during the hearings. A return is also possible if documents are refused to be accepted or materials are returned if there are deficiencies due to which they cannot be registered for further processing and consideration.

How to make a return:

1. The plaintiff takes from the court a certificate of legal completion of all actions in connection with which the return of the state payment is required.
2. An application is drawn up addressed to the head of the Federal Tax Service. The duties are paid to the tax budget, so the refund is made from there.
3. Documents from the court and the application are provided to the tax authority.

The period for consideration of the application is 30 calendar days. Based on the results, the citizen is transferred to the bank account specified in the document.

If the request is refused, a reasoned refusal is sent indicating the reasons.

Most often, a negative response is received if an incomplete set of documents is submitted, the application contains incorrect data, or there are no grounds for return.

Practical examples of calculating state duty

In each case, depending on the value of the claims, the state duty is calculated differently. To understand the principle of calculation, it is enough to familiarize yourself with the examples for all cases.

Example 1. A share in property costs up to 20,000 rubles.

Example 2. The share is equal to 50,000 rubles.

Example 3. The price of the property is 180,000 rubles.

The couple bought a Daewoo car in 2013 for 250,000 rubles. The divorce took place in 2016, and a claim for division of property was filed a month later by the ex-wife. According to the claims, she asked to recover 125,000 rubles from the defendant in her favor. - half the price of the car.

At the court hearing, the defendant presented a re-examination report, according to which at the time of the proceedings the cost of the car was 180,000 rubles.

Initially, the plaintiff paid such a state fee because incorrectly calculated the claim due to the use of the value of the car at the time of purchase, rather than filing a claim:

125,000 x 2% = 2,500 rubles.

2,500 + 3,200 = 5,700 rub.

180,000/2 = 90,000 rub. – real claims.

90,000 x 3% = 2,700 rubles.

2,700 + 800 = 3,500 rub. - total to be paid.

5,700 – 3,500 = 2,200 rubles. – amount to be returned through the Federal Tax Service. It will not be possible to recover the overpaid duty from the defendant, because The plaintiff himself made a mistake in the calculation. You should contact the Federal Tax Service for money.

Example 4. A share in property costs 850,000 rubles.

Example 5: property costs more than RUB 10,000,000.

How does the division of property proceed in court?

The procedure in court is as follows:

1. The plaintiff submits a statement of claim with documents and a receipt for payment of the state fee, the court secretary registers them and gives an extract of acceptance.
2. A court date is set. If problematic issues can be resolved, repeat hearings are not held.
3. At the hearings, the parties provide arguments on the basis of which the court must make a decision.
4. A court decision is issued. It comes into force in a month - this time is given to the parties to challenge it on appeal. After the expiration of the period, only cassation is possible.

In the future, the former spouses act on the basis of the court decision: they re-register property rights, transfer monetary compensation, etc.

Payment of the state fee is one of the most important stages when submitting documents on the division of property to the court. Without a receipt, the plaintiff will be legally denied consideration of the case, so it must be provided without fail.

Source: https://lawinfo24.ru/family/razdel-imushhestva/gosposhlina-za-razdel-imushhestva

State duty for dividing marital property during and after divorce in 2020

Home » Division of property » State duty for division of property of spouses

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When filing a statement of claim demanding division of property, a state fee is paid. This is a mandatory condition for the case to be heard in court. At the same time, the plaintiff may request a deferment of payment or demand reimbursement from the defendant, provided that he wins the case. Let's consider all the features of paying state duty and the principles of its calculation.

Amount of state duty when dividing property of spouses 2020

The amount of the state duty in 2020 directly depends on the price of the claim. This is the amount that is included in the specified document and on the basis of which payment is made to the state for considering the case in court.

In turn, the amount of the claim is determined based on the estimated value of the problem property. To do this, you must pre-pay for the services of a licensed appraisal company, which will clarify the cost of the objects. It should be borne in mind that in some cases the cadastral or inventory value of the property may be used, but most often the estimated value is used.

When appraising property, it is recommended to request a license from the appraisal company to engage in its activities. Particular attention should be paid to the points describing exactly what objects the selected company can evaluate.

Example : A couple is getting divorced. The property in dispute is the apartment. Its value at the time of registration was 3 million rubles. However, property prices have fallen dramatically since then. If the plaintiff now carries out an assessment, it will turn out that the apartment costs 2 million rubles. This approach will reduce the amount of the claim and the amount of state duty.

Who pays the state fee

In the standard version, the state fee is paid by the plaintiff before opening the case and simultaneously with filing the claim. An exception is made for situations with installments or deferred payment (more on this below). When filing a claim, the judicial authority provides the person with payment details, according to which the required amount can be paid.

If the claim price is clearly erroneous, the court makes its own assessment of the property and sets a new claim amount and state duty.

Example : The plaintiff agreed with the appraisal company, and the latter indicated in the report a fictitious cost of the apartment, indicating its price as 250 thousand rubles. This is a distinctly low price even for the worst real estate in most regions of the Russian Federation, which is why the court may not agree with the price of the claim and indicate its cost of the apartment, increasing the amount of the state duty accordingly.

The defendant can also pay the state fee. This becomes possible when the plaintiff wins the case and requires the court to include the amount of the claim in the amount of total monetary compensation from the defendant.

This approach does not require opening an additional case or even making such claims in advance. It is enough to indicate them after the decision is announced or in advance if there is firm confidence in victory.

In such a situation, the court may make the following decisions:

1. To collect a fee from the defendant in favor of the court if the plaintiff has not paid it for any reason up to this point.
2. To recover from the defendant an amount of funds equivalent to the amount of the state duty in favor of the plaintiff, if the latter has already paid the state duty.
3. To recover in favor of the plaintiff or states from the defendant a part of the fee equal to the amount of satisfied claims.
4. Refuse to collect state duty from the defendant.

Example : The plaintiff paid the state fee in full (3,000.00 rubles). His demands were only half satisfied. In such a situation, the plaintiff may demand that half of the state duty be recovered from the defendant in favor of the plaintiff. In this example: 1.5 thousand rubles.

How to calculate the state duty

The amount of the state fee is based on the estimated value of the problem property and the claims of the plaintiff. The amount itself is calculated based on subclause 1 of clause 1 of Article 333.19 of the Tax Code of the Russian Federation. This legislative act states that the amount of the state duty can vary widely, depending on the price of the claim being drawn up.

Claim price up to 20,000.00 rubles

In this case, the plaintiff will be required to pay 4% of the amount, but not less than 400 rubles.

Example : The court is considering the issue of dividing disputed furniture.

The total cost of the objects is 15,000.00 rubles, but the plaintiff claims only half, therefore only 15/2 = 7.5 thousand rubles are taken into account.

4% of this amount = 300 rubles, however, according to the law, the amount of state duty cannot be less than 400 rubles, which means that the plaintiff will have to pay exactly 400 rubles.

The cost of the claim is up to 100,000.00 rubles

If the price of the claim is more than 20 thousand rubles, but does not exceed 100 thousand rubles, you will need to pay 800 rubles of a fixed amount and 3% of the claim price, minus 20 thousand rubles. The last feature is due to the fact that the previous paragraph already took into account the fact that the claim costs more than 20 thousand.

Example : If the property costs exactly 20 thousand rubles, then the state duty will be 800 rubles (4%). This amount is fixed for ease of calculation.

From any amount above the specified amount, but not more than 100 thousand, 3% is used. If the object costs 90 thousand and the plaintiff claims it in its entirety, then he needs to pay 800 rubles + 3% of 90-20 = 70 thousand rubles.

The total will be 800+2100=2900 rubles.

The cost of the claim is up to 200,000.00 rubles

In this case, the system is the same as in the previous example, but any amount from 100 thousand to 200 thousand is taken into account. 2% is taken from it and a fixed payment of 3,200.00 rubles is added to the indicated amount (4% of 20 thousand and 3% of 80 thousand).

Example : Property costs 190 thousand rubles. Only 90 thousand is taken into account. 2% of them = 1800 rubles. A fixed payment of 3200 is added to them. The total amount of state duty is 3200+1800=5000.00 rubles.

The cost of the claim is up to 1,000,000.00 rubles

The system is similar to the one indicated above, but the amount taken into account is from 200 thousand to 1 million. The fixed payment is 5200.00 rubles (4% of 20 thousand, 3% of 80 thousand and 2% of 100 thousand). 1% of the amount is paid.

Example : Property costs 800 thousand rubles. Only 600 thousand are taken into account. 1% of this amount: 6000.00 rubles. A payment of 5200.00 is added to this. The state duty will be 6000+5200=11200.00 rubles.

The cost of the claim is over 1,000,000.00 rubles

For any amount over 1 million, 0.5% is charged. The fixed payment is 13,200.00 rubles (calculated according to the same principles as indicated above). In this case, the peculiarity is that there is a maximum limit beyond which the state duty cannot be charged - 60 thousand rubles. That is, if for some reason the plaintiff needs to pay more, he contributes only 60 thousand.

Example : The disputed object is a house worth 5 million rubles. The plaintiff claims half (2.5 million). The calculation takes into account 2.5-1 = 1.5 million rubles. 0.5% of this amount is 7500.00 rubles. Taking into account the fixed payment, the state duty will be 7500+13200=20700.00 rubles.

The procedure and features of paying state duty when dividing property

As mentioned above, upon divorce, if it is necessary to submit a decision on this issue to the court, the plaintiff is obliged to pay the state fee according to the details given to him when submitting the application. But there are other features that need to be taken into account:

• This type of paperwork is carried out in district and magistrate courts. This is exactly where you need to go.
• You can pay in person at the bank or remotely through your online account. In the latter case, you will need to print a receipt.
• If the defendant, from whom the court has ordered to collect the state fee, refuses to pay it, you can contact the enforcement service.

Deferment and installment payment

In some cases, the applicant cannot immediately pay the required amount as payment of the state fee.

He has the right to apply to the court with a request to defer payment (for example, in the hope of collecting a state fee from the defendant) or to ask for payment to be spread over several installments.

To make this possible, the plaintiff must provide documents confirming his poor financial condition. For example, a certificate from the employment center.

In connection with such a request, the court may make one of the following decisions:

• Refuse to defer or installment due to lack of evidence of the plaintiff’s poor financial condition (the plaintiff still retains the right to demand compensation in the amount of the state duty from the defendant).
• Satisfy the defendant’s request and establish installment payments or defer payment for a certain period. In this case, the applicant will be able to pay the entire amount in parts or in full, but not immediately, but after some time.

Refund of state duty when dividing jointly acquired property of spouses

There are a number of conditions under which the applicant receives the right to return the previously paid state fee:

• Refusal of the court to consider the case.
• Return of the claim.
• Termination of legal proceedings in this case.
• Excess of state duty (only the excess amount is refundable).

An application for a refund must be submitted to the same court using the details of which the payment was previously made. If the applicant's demands are to be satisfied, he will issue a corresponding resolution within 15 working days. You need to contact the tax office, which will issue a refund within one month.

State duty when applying interim measures

If the situation with the disputed property is very complex and the use of interim measures is required (in other words, to protect the property from any of the parties to the proceedings), you will have to pay an additional 3 thousand rubles (Article 333.21 of the Tax Code of the Russian Federation, subparagraph 9 of paragraph 1).

State duty for a settlement agreement

If during the proceedings the parties come to an amicable agreement, the state fee is not returned to them and is still payable (if it has not been paid up to this point). The parties independently decide who makes the payment and in what amount.

State duty when concluding an agreement without court

In the event of a divorce, former spouses can do without going to court by concluding an agreement between themselves on the division of property (this may include both jointly acquired and personal property).

Moreover, this operation can be performed after a divorce, but no later than 3 years (statute of limitations).

Issues of payment of state duty, especially when it reaches significant amounts, in some cases become even more significant than the very essence of the case being considered in court. We offer our services at a free consultation and in the future, we can provide assistance in court, acting as representatives.

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Source: https://ros-nasledstvo.ru/gosposhlina-na-razdel-imushhestva-suprugov/

State duty for the division of property during divorce 2020, state duty for the division of jointly acquired property of spouses: size, amount, cost

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State duty is a legally established mandatory fee that is paid by individuals and legal entities when applying to government agencies to perform any legally significant actions.

Going to court is one of these actions, and the vast majority of appeals are subject to mandatory advance payment of a state fee. When filing a claim in court for the division of property of the parties, the applicant is obliged to pay the amount of state duty calculated in accordance with Art. 333.19 Tax Code of the Russian Federation.

To confirm the fact of payment, the original receipt is attached to the claim, as established by Art. 132 Code of Civil Procedure of the Russian Federation. Without the original receipt, the statement of claim will not be accepted for court proceedings and will remain without progress, with a deadline set for correcting the deficiencies.

Who pays the state fee?

The obligation to pay the fee rests with the plaintiff.

When making a decision on the division of property, the court recalculates the duty based on the amounts awarded to each party. Also, the state fee is collected from the defendant, being calculated based on the value of the property awarded to him.

If the plaintiff paid an amount that exceeded the amount due, then the court has the right to recover from the defendant the excess amount paid by the plaintiff in his favor. The remaining part, calculated based on the value of the property awarded to the defendant, is subject to credit to the budget.

If the spouses agreed in court to resolve the issue amicably and submitted a settlement agreement to the court for approval, then it is necessary to determine the fate of the court costs incurred, including the fee. As a rule, everyone is left with their own expenses, but spouses are not deprived of the right, on a contractual basis, to distribute expenses in any convenient way. For example, put them on one of the sides.

Amounts of state duty for division of property in 2020

In 2020, the Tax Code established the following amounts of state duty for claims for division of property. In the future, it is possible that these values ​​will change, so to confirm their relevance, please check the latest information in Art. 333.19 Tax Code of the Russian Federation.

Claim price Calculation formula

Up to 20 thousand rubles inclusive	4% of the claim amount, but not less than 400 rubles.
From 20,001 to 100 thousand rubles	800 rub. + 3% of the claim amount exceeding 20 thousand rubles
From 100,001 rub. up to 200 thousand rubles	3200 rub. + 2% of the claim amount exceeding 100 thousand rubles
From 200,001 to 1 million rubles	5200 rub. + 1% of the claim amount over 200 thousand rubles
More than 1 million rubles	13200 rub. + 0.5% of the amount over 1 million rubles, but not more than 60 thousand in total

If the claim also contains claims of a non-property nature or claims in respect of which fixed amounts are established, they are subject to addition to the duty calculated on the basis of the above formulas.

How to calculate the state duty?

A claim for division of marital property is a claim of a property nature. In this regard, the final amount of the duty must be calculated according to the rules of paragraph 1 of part 1 of Art. 333.19 Tax Code of the Russian Federation.

The formula for calculating the amount of duty based on the cost of the claim includes:

• fixed rate depending on the cost of the claim;
• percentage of the amount exceeding a certain claim price.

So, let’s say, for claims worth from 200 thousand to 1 million rubles, the state duty in 2020 will be calculated according to the formula:

5200 rubles (fixed rate) + 1% of the amount exceeding 1 million rubles.

Example: Plaintiff A. filed a lawsuit for division of property. The price of the claim was 420,000 rubles. The amount of state duty was calculated using the formula:

5200 rubles + 2200 (1% of the amount of 220 thousand rubles) = 7400 rubles.

The state duty for the division of jointly acquired property of spouses is calculated based on the value of the share in the property claimed by the plaintiff, but not based on the value of the entire property.

Example: Plaintiff Ivanov filed a lawsuit for the division of joint property in the form of a car, apartment and cash deposit. The total value of the property was 4 million rubles, but the share claimed by Ivanov was 2 million rubles. The plaintiff’s state duty must be calculated based on the amount of 2 million rubles, and not on the value of the entire property.

If a claim for division of property is filed simultaneously with a claim for divorce, then the claim for divorce of the spouses will be subject to a fixed fee of 600 rubles.

In any case, this amount must be paid during a divorce through the court, regardless of whether a claim for division of property is filed or not. The same amount will be recovered from the second spouse when a divorce decree is made.

For more information on the specifics of calculating and paying divorce fees, see here.

Deferment, installment plan and exemption from duty payment

The plaintiff has the right to petition the court to reduce the amount of the state duty or to defer its payment, if there are good reasons for this:

• serious illness;
• difficult financial situation;
• being dependent on minor children, etc.

The list of circumstances giving the right to reduce the amount of state duty is not fixed by regulations and is determined by the court based on the circumstances of each individual situation.

Similar circumstances may serve as a reason for granting installment payment of state duty amounts.

Disabled people of the second group, as well as some other, less common categories of persons (WWII Veterans, for example), listed in Part 2 of Article 333.36 of the Tax Code of the Russian Federation, have the right to a complete exemption from the duty.

Procedure for payment of duties

Payment of the state fee is carried out immediately before filing the claim. The application for division of property, together with a package of documents, is submitted to the court only with the original receipt for payment of the fee.

When filing an application to reduce the fee, the plaintiff has the right to pay the amount to which he requests to reduce the fee. If the court grants the petition, the claim will be accepted for proceedings, but if the duty is left unchanged or reduced to a smaller amount than the plaintiff planned, he will have to pay it additionally. The claim will remain motionless at this time.

Where can I get the details?

The details for paying the fee when dividing property must be clarified directly in the court to which the statement of claim will be filed.

You can also check the details on the court’s website and, in most courts, immediately print a completed receipt from the website.

It is better to check the relevance of the details directly at the court reception. Official websites of judicial authorities are not always promptly updated, which may result in erroneous crediting of the fee amount using outdated details.

Where to pay?

Payment of the fee is carried out at any bank branch that accepts these payments. As a rule, even in regions and small cities there is at least one bank that is ready to accept duty payments without commission.

It is best to clarify other conditions for paying the duty at the place of payment.

You can pay the fee from any region; it is not at all necessary to make the payment in the exact city or region where you plan to file the claim. That is, you can pay the fee at your place of residence, and send the claim by mail, along with the original receipt, to a court in another region.

How to confirm?

The fact of payment of the fee is confirmed by the original receipt or check order printed by the terminal (if the payment was not made through the operator).

Please note that when paying fees through online banking, you will need to go to the bank office to have the check printed at home certified. The courts will not accept a check printed on a printer and without a bank mark as proof of payment of the duty.

Payment of the state fee for going to court through State Services is not yet supported as of July 2017, but may well be activated in the future.

Refund of state duty

If the statement of claim is withdrawn before it is accepted by the court or the plaintiff, in accordance with the procedure established by the Code of Civil Procedure of the Russian Federation, abandons the claim during the trial, the paid fee for the division of property may be returned. The fee is also refundable if the claim was refused or the claim was returned after the applicant refused to correct the shortcomings indicated by the judge.

To get a refund of overpaid state duty, you will need to contact the tax service at the place of payment with the following package of documents:

1. Statement;
2. Certificate of absence of completed legal action from the court;
3. A copy of the ruling on the return of the claim/termination of proceedings.

If any controversial issues arise, it is advisable to consult with an experienced lawyer. Our website specialists are ready to advise you free of charge at any time on any issues related to the division of property.

An example of calculating the fee in case of a change in the price of the claim

It often happens that the value of the disputed property during the trial changes based on the results of the assessment. In this case, the amount of the duty must also be adjusted.

Example situation: Plaintiff Petrov filed a lawsuit against his wife for the division of non-residential commercial premises, which he valued at 2,000,000 rubles. Since the plaintiff’s share amounted to 1,000,000 rubles, he paid a fee in the amount of 13.2 thousand rubles. In the lawsuit, the plaintiff demanded that his wife pay him compensation in the amount of 1 million rubles, recognizing her ownership of the building.

At the court hearing, an appraisal examination was ordered, as a result of which the cost of the non-residential building was 1,600,000 rubles. As a result, the judge ruled to recognize the defendant’s ownership of the disputed property and ordered her to compensate her ex-husband for the cost of his share in the amount of 800,000 rubles, which is ½ of the entire price of the building.

Regarding the fee, the court decided as follows:

1. The plaintiff, based on the results of the assessment and the value of the awarded property, had to pay a fee in the amount of 11.2 thousand rubles when filing a claim according to the calculation formula for claims of more than 200 thousand, but less than 1 million rubles. Thus, the plaintiff overpaid a fee of 2 thousand rubles.
2. It was decided to collect 11.2 thousand rubles in state duties from the plaintiff’s ex-wife in his favor, of which 2,000 rubles were collected in favor of the plaintiff (as compensation for overpaid fees), and 9.2 thousand rubles - to the budget.

If in this situation the cost of non-residential premises had not changed, then 13.2 thousand rubles of duty would have been collected from the defendant in favor of the budget - the same amount as the plaintiff paid.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

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Source: http://allo-urist.com/gosposhlina-na-razdel-imushhestva-pri-razvode/

Calculator for calculating state duty when dividing property of spouses

In most cases, they amount to fifty percent of the entire property, only if the plaintiff does not try to challenge the order of transfer of material assets after the dissolution of the marital relationship, which was formalized in the marriage contract. In addition, an unequal division is also possible if the husband and wife previously entered into an appropriate agreement between themselves. Calculation of the state duty depending on the value of the claim Calculation of the duty that must be paid before filing a claim with the judicial authorities is currently carried out at the rates established by the Tax Code of the Russian Federation and presented in the table below. Property price, rub. State duty for division of property, rub. Up to 20,000 4%, however, not less than 400 rubles. From 20,001 to 100,000 3% plus 800 rub. From 100,001 to 200,000 2% of the price, above 100,000 rubles, plus 3,200 rubles. From 200,001 to 1,000,000 1% of the price, above 200,000 rubles, plus 5,200 rubles.

State duty for division of property during divorce 2018

How is a notarial agreement concluded? Future parties to the agreement make an appointment with the notary and prepare a package of documents in advance, which includes the following:

• Passports of the parties to the agreement;
• Official papers with which you can verify the existence of ownership of property;
• Purchase and sale agreement or other title documents for real estate;
• The appraiser's conclusion regarding expensive items or items of value that can only be understood by specialists (antiques, collectible weapons);
• Certificate of divorce or marriage.

This last point is very important because there is a myth that after a divorce it is impossible to legally enter into a notarial agreement. This is wrong.

State duty for division of property during divorce in 2018

Our website specialists are ready to advise you free of charge at any time on any issues related to the division of property. An example of calculating the fee in the event of a change in the price of the claim. It often happens that the value of the disputed property during the trial changes based on the results of the assessment. In this case, the amount of the duty must also be adjusted.

Example situation: Plaintiff Petrov filed a lawsuit against his wife for the division of non-residential commercial premises, which he valued at 2,000,000 rubles. Since the plaintiff’s share amounted to 1,000,000 rubles, he paid a fee in the amount of 13.2 thousand rubles. In the lawsuit, the plaintiff demanded that his wife pay him compensation in the amount of 1 million.

rubles, recognizing her ownership of the building. At the court hearing, an appraisal examination was ordered, as a result of which the cost of the non-residential building was 1,600,000 rubles.

State duty for division of property

Important As law enforcement practice shows, many spouses who have not previously participated in legal proceedings face many difficulties and questions when calculating payments, since the amount of state duty is calculated according to certain rules. The division of the spouses' property, which involves the establishment by a judge of the ownership of certain property values, is of a property nature. Accordingly, the state duty is calculated in the manner used for claims of a property nature, and directly depends on the price of the declared claim.

How much will it cost to divide property?

What a sample form looks like A blank form that needs to be filled out with payment details looks like this: You can download a sample form from the link.

Where you can pay Due to the wide variety of methods that can be used to pay state fees, this procedure is unlikely to be very difficult for you.

Let's look at the most typical ways in which mandatory government payments are currently usually paid:

1. Contact an operator of any bank and provide him with a form with completed details. If you pay the state duty through Sberbank, then, as a rule, the operator knows the details of the most popular payments and will process them without any problems. Don't forget to pick up a receipt and check confirming your payment.
2. Another convenient option is to pay the mandatory fee through an ATM.

State duty for division of property

When filing a claim in court for the division of property of the parties, the applicant is obliged to pay the amount of state duty calculated in accordance with Art. 333.19 Tax Code of the Russian Federation.

To confirm the fact of payment, the original receipt is attached to the claim, as established by Art. 132 Code of Civil Procedure of the Russian Federation.

Without the original receipt, the statement of claim will not be accepted for court proceedings and will remain without progress, with a deadline set for correcting the deficiencies.

Who pays the state fee? The obligation to pay the fee rests with the plaintiff. When making a decision on the division of property, the court recalculates the duty based on the amounts awarded to each party. Also, the state fee is collected from the defendant, being calculated based on the value of the property awarded to him.

If the plaintiff paid an amount that exceeded the amount due, then the court has the right to recover from the defendant the excess amount paid by the plaintiff in his favor.

Source: https://departamentsud.ru/kalkulyator-rascheta-gosposhliny-pri-razdele-imushhestva-suprugov/

The amount of state duty for the division of property of spouses during a divorce. Where and how to make payment?

Divorce between spouses can be complicated by a number of nuances. Most often, the interests of the parties collide when it comes to jointly acquired property.

Applying to the court in order to determine who will get what part of it is subject to a state fee. The amount of the duty is floating and depends on a number of factors.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call +7 (499) 938-46-18. It's fast and free!

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In what cases is duty charged?

Spouses can resolve property disputes in two ways:

• In peaceful way.
• Through going to court.

The first option is called contractual. It implies that the husband and wife were able to peacefully resolve the property conflict. In this case, going to court is not required. The intentions of the parties are secured by a special agreement, which is drawn up in writing.

Going to court is used in any controversial situations that arise during a divorce. This applies to the payment of alimony, the issue of child custody, as well as property division (the specifics of the division of property if there are children are discussed here). The courts will help resolve the dispute if the spouses cannot reach an amicable agreement. But you will have to pay for the procedure.

Important! The state duty is levied on the application to the court itself, as well as the provision of services for the division of property. The amount of the duty is regulated by the Tax Code of the Russian Federation.

To determine the value of the claim, it is necessary to conduct an assessment of the property. This is a mandatory stage of the judicial division of property, which is necessary not only to establish an adequate amount of state duty, but also for a fair distribution of the disputed objects. The assessment can be carried out in two ways:

• based on cadastral and inventory documents;
• based on property assessment by specialized organizations.

In the second case, the assessment will cost a decent amount, which in turn will affect the final cost of the state duty.

The state duty is calculated according to the following tariffs (Article 333.19 of the Tax Code of the Russian Federation):

• if the cost of the claim is less than 20 tr. – 4% of the price (but not less than 400 rubles);
• for a cost from 20 thousand to 100 thousand rubles - 3% of the amount exceeding 20,000 + fixed 800 rubles;
• for a cost from 100 thousand to 200 thousand rubles - 2% of the amount exceeding 100,000 + fixed 3,200 rubles;
• at a cost from 200 thousand to 1 million rubles – 1% of the amount exceeding 200,000 + fixed 5,200 rubles;
• for a cost of more than 1 million rubles - 0.5% of the amount exceeding 1 million + fixed 13,200 rubles (but not more than 60 thousand rubles).

Attention! The plaintiff calculates the cost of the fee independently. The court is only authorized to double-check the correctness of the calculations.

Let's assume that the spouses intend to legally divide the ownership of a land plot and an apartment. Their cost is determined in accordance with cadastral and inventory documentation. The price of a plot is 800,000 rubles, and an apartment is 4,000,000 rubles. Based on the Family Code of the Russian Federation, the spouse files a claim demanding 1/2 (50%) of the property acquired jointly during the marriage.

The calculation will proceed as follows. The amount of the claim will be:

• 800,000 x 1/2 = 400,000 (land).
• 4,000,000 x 1/2 = 2,000,000 (apartment).

Duty amount:

• 5200 rubles (fixed part) + ((400000 - 200000) x 1%) = 5200 + 2000 rubles. = 7200 rubles.
• 13,200 rubles (fixed part) + ((2,000,000 - 1,000,000) x 0.5%) = 13,200 + 5,000 rubles. = 18200 rubles.

Thus, the total amount of state duty for this claim will be 25,400 rubles.

Please note that you can find a duty calculation calculator on the Internet. You can also calculate the specific amount on the district court website.

Payment

When going to court, the plaintiff (the person who demands the division of property) has the right to pay only the amount of the required share (how are shares determined?). In this case, the fixed part falls entirely on the shoulders of the applicant. If the court makes a decision in favor of the plaintiff, all relevant costs may be recovered from the defendant.

Moreover, the responding party may not agree with the amount of the claim or with the cost of assessing the property. In this case, a counterclaim may be filed, accordingly paid by the applicant.

It should be remembered that not only the settlement of a property dispute is subject to payment, but also the court’s services in divorce proceedings. They are subject to a separate state duty. It is 650 rubles.

Where can I get a receipt and find out the details?

Payment of the fee is made according to the details of the body to which the claim is filed. You can find out all the necessary information for payment directly from the court. There you can also get information about the receipt form.

It is the receipt that confirms the fact of payment of the fee, which is necessary to initiate legal proceedings. Its form must comply with the standards noted in Order of the Ministry of Finance of the Russian Federation dated November 12, 2013 N 107n.

The state fee for divorce is paid according to receipt form No. PD-4sb (tax).

Where to pay?

Like any receipt, you can pay for it at any bank branch or post office. In this case, payment will be made in cash. Cashless payments are possible through ATMs or online banking.

Attention! For its services, the bank has the right to charge a commission in excess of the fee paid.

The validity period of the state duty is correlated with the opportunity to exercise the right of limitation. This term means that the law defines a specific period during which spouses can go to court to demand division of property. This period is 3 years. Accordingly, the paid receipt is also valid for 3 years.

When submitting a payment document more than 1 year old to the court, it should be clarified that all the details in it (personal, banking, judicial) are current.

Depending on the value of the property being divided, the duty can reach impressive amounts - up to 60,000 rubles. If the plaintiff does not have the opportunity to pay the entire amount at once, the court may accommodate him. Payment of the fee can be deferred or payments can be made in installments.

In this case, the plaintiff must prepare an appropriate application for a request for installment or deferred payment. Documents confirming difficult financial circumstances must be attached to the application.

1. job loss;
2. dependent persons (minor children, disabled people);
3. loss of ability to work.

The court may decide:

• Satisfaction of the request and provision of installment/deferred payment. The determination specifies the conditions and deadlines for paying the full amount of the fee.
• Refusal to satisfy the application. In this case, a date will be set by which the fee must be paid as soon as possible.

Is it possible to return the money and how to do it?

There are many reasons for returning the paid state duty. All of them are regulated by Art. 333.40 Tax Code of the Russian Federation. Money can be returned if :

• the plaintiff paid more than the required amount;
• the application was not accepted by the court - in this case, the fee will be protected when filing a second claim;
• the case was left without consideration;
• the plaintiff changed his mind about filing a claim;

You must go to court to request a refund. After receiving a ruling from the court on the refund of the duty, you must submit this document to the tax authority with a request for the transfer of funds.

Completing a return application

Reference! The petition is submitted to the court where the claim was heard. The application is drawn up in free form.

It must indicate:

1. From whom the petition is being submitted (full name, address).
2. Where it is filed (name of the court).
3. The reason for paying the fee (the basis, the number of the resolution, as well as the amount and date of payment).
4. Reason for return.

The following must be attached to the application:

• Original fee paid.
• A copy of the court ruling (on refusal to accept, on return of application, etc.).

Usually the determination is made within 5 days. It comes into force within 15 calendar days. With the court's ruling, you should contact the Tax Service with an application for a refund of the duty amount.

The application contains:

1. Applicant details.
2. Information about the tax authority.
3. Reason for return (information about the court ruling indicating the name of the authority).
4. Refund amount.

Attached documents:

1. Original receipt for payment of state duty.
2. A copy of the court ruling on the refund of state fees.
3. Court certificate confirming the return of state duty.
4. Bank account details to which money should be transferred.

Refunds are made within 1 month. The division of property during a divorce through the court delays the resolution of disputes between spouses and may require significant financial investments.

However, sometimes this is the only opportunity for a spouse to receive the property due to him by law. At the same time, the final amount of expenses can be significantly reduced if the plaintiff has studied all the nuances of the divorce process.

Source: https://urexpert.online/semya-i-brak/razvod-suprugov/razdel-imushhestva/gosposhlina.html