How to return state duty from the traffic police to an individual

How to return the state duty to the traffic police if you did not use it?

When contacting the traffic police to perform a particular action, a citizen is obliged to pay a state fee. Payment is required during registration, at the time of obtaining rights, as well as in other cases. Money must be provided in advance. However, in a number of situations, funds are deposited in excess, or the person is unable to use the service. In this situation, the law allows for a refund of the duty to the traffic police. The process requires compliance with a number of formalities.

Is it possible to return the state duty to the traffic police if you did not use it?

The possibility of returning the state duty is fixed in Article 333.40 of the Tax Code of the Russian Federation. The payer will be able to receive back the funds provided as payment for the services of the traffic police and a number of other government agencies. The law allows you to return all or part of the erroneously paid traffic police duty.

Refund of state duty is carried out in the following situations:

the institution has ceased its activities, or the paper was reviewed earlier;
the citizen paid an excess amount of money due to his own carelessness;
the services of a government organization were not used for a valid reason;
an error was made in the documents during the filling process;
the claim was not accepted by the judicial panel, or the notary refused to consider the document.

If for some reason a citizen cannot return the previously paid state duty to the traffic police within the prescribed period, he is allowed to use the payment when applying to the structure again. You must have your confirmation receipt with you.

Often, when filling out a receipt, people confuse the KBK. The abbreviation hides the budget classification code. It directly depends on the area. If the BCC is indicated incorrectly, the state duty is sent to another government agency. Traffic police officers will refuse to provide a service based on a receipt with an error. However, the citizen will be able to return the deposited funds without difficulty.

When is it impossible to return the state duty to the traffic police?

A refund of state duty is not always possible. In particular, money is not returned if it was paid for registering a marriage or terminating a marriage contract. A similar rule applies if the state fee is paid for making adjustments to the documentation identifying the payer.

If we are talking about the return of funds paid to the traffic police, a citizen will be denied the amount if:

the person is not the recipient of the service;
the deadline for submitting an application has been missed;
Incorrect information provided.

The applicant must present a receipt. It serves as confirmation of the fact of payment. If the document is missing, the state duty will not be refunded to the traffic police. A similar rule applies if the check is damaged or unreadable. In this situation, you can contact the organization providing the paper and ask for a duplicate.

Normative base

The process of calculating state duty and its return is regulated by a whole list of legal acts. The need to deposit funds when filing an application with government agencies is fixed by Articles 126 of the Arbitration Procedure Code of the Russian Federation and 132 of the Code of Civil Procedure of the Russian Federation. The definition of state duty is enshrined in Article 333.16 of the Tax Code of the Russian Federation. It states that the concept is a fee that must be provided by a citizen or organization wishing to receive a service of legal significance. In this case, the payer can be either an individual or a legal entity. There are exceptions to the rule. The following are exempt from paying state duty:

political parties;
budgetary organizations;
public association of all-Russian significance;
a number of other institutions.

The need to reimburse the state traffic police duty falls on the citizen personally. If for some good reason a person cannot complete the procedure on his own, he can transfer his rights to another citizen. In this case, a power of attorney is issued.

The list of actions for which authorized bodies have the right to charge a state fee is enshrined in Chapter 25.3 of the Tax Code of the Russian Federation. It also provides information about the timing of transfers and the procedure for depositing funds. The list of cases in which it is permissible to return previously paid state fees is fixed in Article 333.40 of the Tax Code of the Russian Federation. If the deadlines established by law are violated, tax authorities have the right to go to court. If a positive decision is made, the funds will be collected forcibly. In this case, a letter of demand will be sent to the person. The rule is fixed by Articles 428 of the Civil Procedure Code of the Russian Federation and 319 of the Arbitration Procedure Code of the Russian Federation. Article 122 of the Tax Code of the Russian Federation states that a person who has a debt may be brought to administrative responsibility. Fines are imposed on the violator.

The law establishes the categories of persons entitled to benefits. It must be confirmed by providing relevant documents. The procedure for obtaining state duty benefits is regulated by Articles 333.35 and 333.36 of the Tax Code of the Russian Federation. It is possible to obtain a deferment or installment plan. It is allowed in situations described in Article 63 of the Tax Code of the Russian Federation. Additionally, the issue was clarified in a letter from the Ministry of Finance of the Russian Federation dated November 11, 2009 No. 03-05-04-03/29. The rules for granting a deferment are set out in Articles 64 and 333.41 of the Tax Code of the Russian Federation. The law allows you to postpone payment for no more than 1 year. In this case, interest is not accrued.

Deadlines for returning state duty to the traffic police

You can return the state duty to the traffic police within 3 years. This is the limitation period for a matter in accordance with Art. 196 of the Civil Code of the Russian Federation. If a citizen is wrongfully denied funds, he has the right to initiate proceedings. Refunds are made based on the claim. It must be sent to the traffic police. The document will be reviewed within 30 days. The citizen will then be provided with a response. Having received it, the payer must provide information to the treasury if he has been placed in a queue to receive money, or initiate further proceedings. 10 days are given to complete the action.

Required documents

If a citizen wants to return the state duty to the traffic police, he will have to prepare a package of documents. The list should include:

Application for refund of overpaid amount to the traffic police. It must be written by hand. The document will need to indicate the reason for the excessive payment or excessive collection of funds. Additionally, the applicant’s personal data and details to which the transfer will be made in the future must be specified. There is no single application template. He can be his own in every department. However, filling out the document is carried out in accordance with the general rules of office work.
Receipts or other payment documents. Necessary to confirm the fact of an erroneous transfer of funds.
Passport. A copy of the document is provided. You will need a page with personal data and registration.
A decision made on the fact of an administrative violation, if any. A copy of the document is required.
A court decision that has entered into legal force. It is necessary if the return of the state duty to the traffic police is carried out on its basis. A notarized copy of the document will be required.
Documented details for transferring funds. Usually you need to provide bank card details or provide a copy of your passbook.

Sample application

Refund of the state traffic police duty is carried out on the basis of an application. The form of the document is not fixed by law. However, the application will be accepted only if it contains mandatory data. In the application for refund of the state duty to the traffic police you must indicate:

full name of the government agency to which the application is sent;
personal data (indicate full name, address and information for operational communication);
reason for refund of state duty;
complete information about the payment made (indicate the exact amount, information about the financial institution that accepted the payment, transfer details);
details for refund.

It is recommended to indicate the basis that allows you to return money for the paid state duty to the traffic police. To do this, you should refer to Article 333.40 of the Tax Code of the Russian Federation. It records the possibility of receiving an excess of funds paid or an incorrectly transferred payment back.

The regional traffic police department may establish its own application form. To find out its availability, it is recommended to visit the official website of the organization or contact the institution yourself. If there is no fixed form, it is recommended to use the universal form.

You can download a sample application to the traffic police for a refund of state duty in WORD format here.

Step-by-step instructions for returning the state duty to the traffic police

To return the state duty, you must contact the territorial division of the traffic police. If the case was considered in court, the papers are sent to the tax office. They must be transferred to the institution located at the location of the court hearing the case. To return the state duty, the traffic police will have to carry out the following actions:

Prepare a package of documents. The application is supplemented with originals of payment papers and other supporting documentation. If the return of funds is carried out in court cases, the application is accompanied by a corresponding decision, certificate or determination that the full or partial receipt of funds back is justified.
Submit papers to the authorized body. You cannot delay the procedure. If the application is made to the traffic police, the documentation is taken to the district department and handed over personally to officials authorized to carry out the relevant legal actions. A representative of the organization is required to provide notification of acceptance of the document. The paper must contain the dates of the action, position, full name and signature of the two employees who performed the procedure. You can also submit documents by mail. In this case, the papers are sent by registered mail with a list of attachments. The applicant will be provided with notification of receipt.
Wait for the application to be reviewed. One month is given for the procedure. After this, the funds must be returned, or a justified refusal must be given.

If the state duty cannot be returned, it can be used when applying again to the traffic police or another authorized body. The rule applies if 3 years have not passed from the date of payment. In this situation, you will need to attach the old receipt to the list of documentation.

Refund of state traffic police duty online

It is impossible to submit an application for a refund of state duty through State Services. However, you can still apply online. To do this, you will need to use the official website of the traffic police. To send a request you must:

Go to the official website of the State Traffic Inspectorate.
Find the Reception of requests item. It is located on the main page of the site in the Services tab.
Read the information that appears and confirm this fact by checking the appropriate box. After this, you need to click the Submit Appeal button.
To write an application. It must be supplemented with electronic scanned copies of supporting documents and passport.
Check the correctness of the information provided and submit the application. The citizen will be notified of the result of the review of documents.

You can return the state duty paid through the public service system using any of the classic methods.

Nuances of the procedure

Legal entities are required to pay state duty to the traffic police on their own. Their details are indicated on the receipt. If a company needs to register a car, the state duty cannot be paid on behalf of a private individual. All financial transactions are carried out using non-cash payments. The accounting department is responsible for its implementation. Its representatives submit to the traffic police all the documents required for registration. If the payment of the state duty on behalf of the company is made by a private person, it will not be accepted. To deposit the required amount, it is recommended to use any bank. Unaccepted funds can also be returned. An individual who has paid the state duty for a company must act in the standard manner.

How to return the state duty to the traffic police

Is it possible to return the state duty to the traffic police: where and how to return the state duty from the traffic police to an individual?

State duty is payment for services provided to a citizen in all government bodies. When contacting the traffic police for obtaining a driver's license, registering or re-registering a car and other services, the driver undertakes to pay a fixed state fee. However, registration operations often occur with errors, and then the question arises: “How to return the duty from the traffic police?” It's quite simple. Let's consider the options when a citizen can demand a refund and how to receive them.

When can a fee be refunded?

When undergoing any procedures at the traffic police, a fee refund is possible when:

the amount paid by the driver is more than established by law;
the appeal was returned to the driver or the provision of services by the traffic police was refused;
the driver changed his mind about undergoing the paid procedure at the inspection;

In any of the above cases, according to the Tax Code of the Russian Federation, you have the right to send an application to the traffic police demanding a refund. However, the refund is carried out not by the state traffic inspectorate, but by the federal treasury.

A citizen has the right to file a request for a refund of the fee immediately after payment or within three years from the date of the payment transaction - this period is prescribed in the legislation of the Russian Federation.

A claim may be denied if:

the refund request was made with errors;
the citizen who sent the application did not receive the services of the state traffic police;
documents confirming the fact of payment are not attached to the application;
the deadline for filing an application for a fee refund has expired;
the check and receipt provided with the application are damaged and unreadable;
the applicant changed his registration data or full name.

In the latter case, the return process will be delayed and, most likely, will not bring results.

The procedure for returning state duty to the traffic police

To return the money, you must submit an appropriate application; you can take it in person to the nearest branch or send it online using the state traffic inspectorate website.

Important! Along with your application, you must provide a receipt and check confirming payment for inspection services, otherwise your request will not be satisfied. Additionally, you must provide a copy of your passport (page with registration).

According to the law, the traffic police is obliged to respond to a citizen’s application within a month from the date of application. We recommend submitting an application to your district department and giving it to the employee in person - this way the government agency will not have the opportunity to delay its response. Having accepted your application, the traffic police officer must issue a form in which his full name, position, signature will be indicated and the date of acceptance of the application will be recorded.

Find the address of the nearest traffic police department in St. Petersburg using the map and table:

How to return state duty from the traffic police to an individual

Anyone may need to return state duty from the traffic police to an individual. For example, if an error was made in the details or another service was paid for. The article will discuss how to return funds in 2019.

In what cases are returns allowed?

Every day, thousands of citizens use the services of the traffic police and, accordingly, pay state duties. In this regard, a large number of mistakes are made, but not all of them provide the right to full or partial compensation of funds.

According to Art. 333.40 of the Tax Code of the Russian Federation, a refund is possible in the following cases:

if there is an error in the payment amount, that is, its amount was more than necessary;
if a citizen’s appeal in the form of an application or complaint was rejected and the fee was paid for them;
the notary was refused to carry out the actions;
the filed claim has not been considered by a court of any jurisdiction;
if the driver submitted an application for the provision of services by the traffic police authorities, but on his initiative it was withdrawn, however, if the driver decided to refuse after the application, then the money will not be returned;
in some other situations.

ATTENTION . Thus, the law makes it possible to return the paid state fee. It is important to understand that the refund is not carried out by the body providing the service, but by the federal treasury.

Refund procedure

The statute of limitations for the return of state duty is three years from the date of payment. The authority has thirty working days from the date of filing the application to refund the fee. The application must be submitted to an official who is authorized to exercise official powers in a government body. If the return is planned through the courts, the application is accepted by the tax authorities. All payment documents are attached to the submitted application. If there is already a court decision that has entered into legal force for the return of funds, then a copy of the decision should be included in the appendices.

The current legislation does not stipulate in any way a mandatory application form, however, each entity can introduce additional requirements.

The recommended form looks like this:

indication of the department to which the application is being submitted;
the applicant’s passport details, including personal data and information about the place of registration;
all contact information.

Our lawyers know the answer to your question

After this comes:

the basis for the return with reference to the tax code of the Russian Federation; there may be more than one reason; all may be indicated;
the place where the payment was made is indicated; if it was made through government services, then the payment number will be required, it will allow experts to find out the specific transaction;
the amount of money transferred (it is worth indicating very precisely, down to kopecks);
bank card or account number to which the refund should be made;
the conclusion contains the date of drawing up the application, the applicant’s initials, his signature and transcript.

IMPORTANT . The sooner the application is submitted, the better. It is submitted to the official of the department in which it was planned to receive services. A document must be issued that will be proof of acceptance of the application. The notification contains the following information: date of acceptance, full name and position of the employee and his signature. If it is not possible to apply in person, you can send an application by mail, or notification can also be sent by registered mail.

There are cases that after the allotted month, the money has not been received, then compensation will be paid, calculated according to a special formula. The formula is individual for each subject of the Russian Federation, so there is no point in giving it. It is also possible to reuse the fee within three years, but only if it has not been returned back.

Incorrectly paid services are returned in this way. If there is an error in the payment details, you have about a day to contact the bank and cancel the transaction.

ATTENTION . There is another convenient way to return - by submitting an online application on the official website of the traffic police. On the website, in the “reception of applications” section, an application is drawn up, to which scans of all the above documents are attached. According to statistics, the answer comes within ten working days. Incorrect composition of the request is grounds for refusal to process it, also if there was no return contact address.

In some cases, it is possible to extend the processing time for requests.

The amount of the refund cannot be affected by various promotions or bonuses, so the paid online service will cost less and the refund will accordingly be the same, or partial, if there are grounds for this established by law. Contrary to popular belief, refunds are not possible through government services.

When the money will not be returned

Not in all cases you should count on a refund, for example, when:

errors when drawing up an application, ranging from incorrect passport data to errors in the name of a government agency;
different subjects of payment or receipt of services;
an incomplete package of documents, lack of checks or other receipts, so you should keep all receipts for three years after payment for services;
if after payment the payer changed the passport data (receipt of a new passport, change of full name or registration address);
providing false documents;
filing an appeal after the expiration of the main statute of limitations.

Based on all of the above, we can identify three main situations when a refund will be carried out quickly and with almost one hundred percent probability. This is an increased payment amount, errors on the part of the traffic police, or a refusal to provide services, or a complete refusal of the citizen from the service. Almost all other situations will take a long period of time. In order to avoid such problems, you must always be extremely careful when paying for services and not carry out a transaction if you have doubts about the service or the recipient.

Refund of state duty to the traffic police

Payment of the state duty is carried out upon receipt of various services of the territorial bodies of the traffic police. Sometimes the reason for the return of state duty to the traffic police is incorrectly specified details, lack of need to complete certain documentation, a change or the occurrence of initially unforeseen circumstances.

When is it possible to return the state duty to the traffic police?

The reasons for transferring paid funds back to the state duty payer of the traffic police are:

Refusal to purchase a vehicle - if the fee has been paid, all documents have been submitted for registration, but the transfer of rights becomes impossible due to the refusal to purchase the car.
Error – this can be considered as a technical defect when filling out a receipt form, indicating an incorrect account or other details, or making a payment for the services of other state or municipal bodies. A refund is also possible if the state duty of the traffic police is calculated incorrectly - payment in a larger amount than provided by law.
Refusal of service is allowed in exceptional cases with an individual resolution of the dispute and the circumstances that caused such consequences for the applicant. If no errors were made on the part of the traffic police department providing the service, then no refund will be made.
Cancellation of a traffic police resolution - if a fine was imposed in pursuance of the act, but was subsequently canceled on the basis of a court decision, the requirements of the state body are declared illegal.
Repeat payment – if, due to technical faults or by mistake, payment is made twice for the same service.

Attention

Whatever the basis for the return of the state duty from the traffic police, the applicant has the right to submit an application and the employees of the state body cannot refuse to accept it. The result should be the adoption of an act that records the factual circumstances of the case and the grounds for making such a decision.

State Duty Refund Law

Payment for public services is provided for in Article 333.33 of the Tax Code of the Russian Federation. In the case of a refund of the state traffic police duty, the rules regulated by Article 333.40 of the Tax Code of the Russian Federation should be applied. The latest norm lists the grounds under which such actions become possible.

The law considers incorrectly credited duty as unjust enrichment in accordance with the provisions of Article 1102 of the Civil Code of the Russian Federation. It must be returned to the owner of the funds.

Return deadlines

A request for the transfer of funds from the treasury to the payer can be made within 3 years from the date the payment was made. This period applies to filing an application directly with the government agency in whose favor the money was transferred. It is also valid when filing a corresponding claim in court.

After submitting a request for a refund of the state duty, it must be registered within 3 days and submitted for consideration to an authorized official. This period is specified in clause 2 of Article 8 of Federal Law No. 59 “On the procedure for considering appeals from citizens of the Russian Federation.”

By law, road service units are given 30 days to prepare a reasoned response to an application for a fee refund. An additional 10 days are allocated for the applicant to familiarize himself with it. The corresponding act is sent by mail or handed over in person to the applicant against signature.

In practice, the return of the state traffic police duty is carried out quickly in the following situations:

Required documents

The set of mandatory documentation for processing the return of the state duty of the traffic police includes:

A copy of the receipt for payment of the duty when returning part of the amount, or the original payment document in case of full recovery with the payment due no later than 3 years ago.
Refund details – bank account belonging to the payer for crediting the amount. It is possible to indicate them in the text of the application.

Additional Information

If necessary, the government agency may request additional papers in order to make an objective decision.

Sample application for refund of state duty

The legislation does not provide for a unified application form for the return of state duty to the traffic police. It is enough that the form contains the following details:

Full name of the applicant, address of his residence;
name of the government agency for whose services the payment was made - traffic police department;
position, full name of the head of the department of the Tax Service of the Russian Federation who accepted the state duty into the account;
the amount of the paid state duty accurate to the nearest kopeck, date of transfer of funds, receipt number, reason for return with reference to Article 333.40 of the Tax Code of the Russian Federation;
signature of the applying citizen;
a mark with the incoming number and date of receipt of the document by the government agency, signature of an authorized traffic police officer;
a duplicate of the passport or other identity card of the citizen - payer.

The application can be submitted in person at the traffic police department, sent by registered mail by Russian Post, or via specialized portals - the traffic police website or the State Services portal.

Download the application form for refund of state duty to the traffic police.

The procedure for returning the state duty of the traffic police through the traffic police website

One of the ways to process a refund of the state traffic police fee is to contact the official website of the traffic police. In order to get money back from the budget, you need to follow these steps step by step:

Open the official website: https://GIBDD.rf
Select a service from the menu: “Services”, then “Send a request”.
Read the information on the provision of the service, make the appropriate mark, and click the “Submit Appeal” button.
Fill in the fields “Where it is addressed” - the region of Russia where the traffic police department is located, in whose favor the funds were transferred, department number, name of the official. The applicant is required to establish the status - “Organization” or “Citizen”, last name, first name, patronymic. An email address for sending a response is also entered. Additionally, you can specify a postal address to receive a letter from the traffic police.
Additionally, the telephone number and place of payment will be provided. If applications for duty refunds were previously sent to the traffic police, their date is indicated. The following is the text of the appeal. A request to transfer funds back can be attached as a finished document in Word format.
An anti-spam code is entered. Then you need to click “Submit Appeal”.
After this, a message will appear on the screen stating that a confirmation code has been sent to the specified email address, which must be entered into the form.

After this, you need to confirm the correctness of the entered data and click “Submit”.

The answer will be sent to the specified email or mail, and a message will appear.

Refund of state traffic police duty through State Services: step-by-step instructions

A unique service that allows you not only to pay a fee for the actions of authorities, but also to return it, is the single portal of the State Services. To transfer funds back you need to follow the following steps:

Open the official website: https://www.gosuslugi.ru/
Log in to your personal account using the previously received login or password, or register an account.
On the notifications page, you need to click “All notifications” and find the details of the payment document for the state duty. The search is carried out by number, department or name.
The details will indicate the state duty for traffic police services or, if there was an error, other information.
The receipt can be printed on paper for presentation to government authorities.

The State Services portal does not provide a service for returning amounts paid to the budget. The received receipt must be attached to the application and sent to the traffic police by Russian Post or submitted in person to the secretariat, or sent through the road service website.

When will the paid state duty not be returned?

The traffic police fee is not refunded in the following cases:

In case of violation of the requirements of the law when paying - gross errors regarding the indication of incorrect details, reporting of personal data - last name, patronymic, other information, concealment or deliberate distortion.
Submission of an application by an unauthorized person. If a contract for the sale and purchase of a car has been completed. The duty was paid by the buyer, and the demand for its return was transferred to the seller by agreement of the parties without securing the relevant powers, for example, by power of attorney.
Lack of confirmation of payment of the state duty from the State Traffic Safety Inspectorate - details of the receipt, number or date of payment were not provided, there is no copy of the document.
If the registration data is changed , in such situations the return process is greatly delayed and does not always bring a positive result.

In case of refusal to refund the duty, the decision of the traffic police can be appealed in court. The petition itself is not subject to a fee to the budget. The review is carried out within 10 days with a call from representatives of the government body and the applicant. The procedure for conducting the process is regulated by Articles 124-127, 131 of the Code of Administrative Offenses of the Russian Federation. The period for filing an administrative claim should not be more than 3 months from the moment the person learned of a violation of his legal rights - receiving the act in person or by mail under Article 219 of the Code of Administrative Offenses of the Russian Federation. If there are good reasons, the period for filing a claim may be restored by the court upon presentation of supporting documents.

The court has the right to cancel the effect of a decision of a state body in accordance with paragraph 1 of paragraph 2 of Article 227 of the Code of Administrative Offenses of the Russian Federation in connection with the violation of the legal rights and interests of citizens. From the moment of adoption of the act, no more than 1 month must pass, allotted for notifying the interested person about the issued act (clause 9 of Article 227 of the Code of Administrative Offenses of the Russian Federation). The court refuses to satisfy the complaint if no grounds for refunding the fee are identified.

Before going to court, you have the opportunity to appeal the decision to a higher authority. In relation to regional traffic police departments, this will be the regional department of the road service. In practice, this option gives a positive option if there are legal grounds for canceling the refusal to refund.

Execution of a judicial act on the return of funds for paid state duty to the traffic police is carried out upon presentation of a decision that has entered into force at the Bailiff Service or the branch of the Treasury of the Russian Federation at the place of payment.

How to return money for an incorrectly paid state duty to the traffic police?

If a technical error was made when making a payment, you must perform the following steps:

If the payment was made through an ATM and the wrong government agency or details were selected, you should submit an application to the road service department or fill out an application for a refund through the traffic police website or State Services.
If you send funds to another recipient or pay using a terminal, you need to urgently call the bank servicing the card to cancel the operation. The return period depends on the conditions of the financial institution, but is usually no more than 1 day.

Conclusion

In cases provided for by law, a refund of state duty paid to the State Traffic Safety Inspectorate is permitted. Exceptions are situations where a payment error occurred due to the fault of the customer. To obtain a decision, it is enough to contact the authorities with documentary evidence of the transfer of funds and an application. Waiting for a response will be no more than 30 days. If the decision is positive, the money will be sent to the bank details specified by the payer. There is an opportunity to appeal the refusal in court.

How to return state duty from the traffic police to an individual

Sometimes a collision with traffic police officers does not bring good emotions. For violating traffic rules, the inspector may impose a serious fine. But it also happens that drivers make mistakes when paying the state fee and do not know how to return the money they overpaid to the state. The tax legislation of the Russian Federation explains the basic principles and provisions for the refund of state duties.

Deadlines for payment and reasons for returning state duty to the traffic police

After a decision is made on a traffic violation or when registering a car, a citizen is obliged to pay the state duty within the time limits established by civil law. When a decision is made by a judicial authority during administrative proceedings, the state fee is paid within ten days from the date of adoption of the regulatory document .

The Tax Code itself spells out the main provisions and procedure for the return of state duty, which may be paid in too large an amount or by mistake. Have you overpaid state duty? In this case, you should contact the tax authorities directly. After submitting a special application for the return of overpaid state duty to the traffic police, you will have to wait a month , after which specialists will make a decision on the return of funds. Many motorists are worried and afraid that the tax service will delay all conceivable deadlines for returning the money. But at the moment this is not profitable for tax organizations, since they are forced to pay fines to the motorist for violating the deadlines established by law.

The application for payment of the state duty itself is submitted by the motorist to an official who is capable of performing legally significant actions and making a decision on the return of funds. The application can be submitted not only to the tax authorities, but also to judicial organizations.

What documents are attached to the application for a refund of state duty? First of all, this is a receipt for payment of funds, other payment documents, and title documentation of the payer. These documents must be submitted in copies.

In what cases is it possible to return the state duty to an individual?

Tax legislation provides for a number of legal provisions under which the return of state duty is possible. They are as follows:

Refunds are possible in case of overpaid duties. Then the duty is paid either partially or in full. Everything depends on the decision of the tax authority on this issue;
Return is possible in the event of a complaint, refusal, or appeal for acceptance of an application by the court or in case of refusal by notarial authorities and other officials;
In case of completion of proceedings in a case related to a traffic accident or when civil or administrative proceedings are left without progress;
When concluding a settlement agreement between the motorist and the traffic police;

Always be careful when paying government fees. Find out the details of payments, preferably from official sources. If you have difficulty filing an application, it is better to seek qualified assistance from a lawyer who will help you resolve such a complex legal issue.

The application itself should indicate the reason for the return of funds, it is written in a simple form, it indicates the name of the official, the applicant’s details, date, signature. There is no need to write out a statement for many pages; you should briefly and concisely explain the essence of your problem. The application also indicates the reason for the return of the state fee, in particular a factual or legal error, unlawful actions of government bodies or persons.

Please pay attention to one fact: the Tax Code of the Russian Federation clearly states the deadlines for filing an application. If you want to appeal the return of the state duty in court, then you should not forget about the statute of limitations, which, as is known, is three calendar years.

The fact of payment of the fee is confirmed by a bank receipt, which must be kept in order to avoid such legal conflicts. An individual has the right to independently submit an application to the tax authority or use the assistance of a representative by proxy. Don't be afraid to defend your rights if they are violated. An incorrectly paid state fee can be returned to the traffic police without problems, observing some legal nuances. The main thing is not to miss the deadline for filing an application with the tax authorities.