If a claim for invalidation of a transaction is related to the rights to property subject to appraisal, then the state fee for filing such claims should be paid in cases pending in the courts general jurisdiction, as when filing a claim of a property nature, subject to assessment, depending on the price of the claim, in the amounts established by subparagraph 1 of paragraph 1 of Article 333.19 of the Tax Code Russian Federation(hereinafter referred to as the Code).
If a claim for invalidation of a transaction is related to the rights to property that is not subject to valuation, or is related to non-property rights, then the state fee when filing such claims should be paid in cases considered in courts of general jurisdiction, as when filing a statement of claim of a property nature that is not subject to assessment, as well as a statement of claim of a non-property nature, in the amounts established by subparagraph 3 of paragraph 1 of Article 333.19 of the Code.
And how will the plaintiff support his claims and what arguments will he use?

The representative of the bankruptcy trustee D.F. Zhdan supported the application for the recognition of the transaction as invalid, based on Articles 10, 166-168 Civil Code Russian Federation, Article 61.2 of the Bankruptcy Law in full.

If there is not a single document, then there are no grounds for a claim. The court will not collect them for you.

What is the amount of the state duty when filing a claim to invalidate the donation agreement of an apartment?

State duty on the recognition of the contract of sale as invalid

Listen, who are your parties to the lawsuit? And the contract is necessary, how can you file a claim if you have not seen the contract?

In this regard, in our opinion, when applying to the arbitration court with an application for declaring a transaction invalid and applying the consequences of its invalidity, the state duty should be paid at a double rate.

Is the state duty paid in the Republic of Kazakhstan in a statement of claim to invalidate a power of attorney transaction?

What is a RK and what is a power of attorney deal???

One of these methods of protection is the possibility of filing a claim for the recognition of the transaction as invalid and the application of restitution. The invalidity of a transaction means that an action performed in the form of a transaction does not have the qualities of a legal fact ...

The price of the claim and the amount of the state duty.

Article 333.21. Dimensions state duty in cases pending in arbitration courts
2) when filing a statement of claim in disputes arising from the conclusion, amendment or termination of contracts, as well as in disputes on the recognition of transactions as invalid - 4,000 rubles;
Tax Code Part 2

The bankruptcy trustee of JSCB Trado-Bank CJSC applied to the Moscow Arbitration Court with an application to recognize the transactions as invalid and apply the consequences of the invalidity of the transaction in accordance with Art. Art. 61.1, 61.3, 61.6 Federal Law on insolvency ...

What is the state duty on a claim. application for recognition of the transaction as invalid, 2000 rubles? Arbitration.

Check out the tax code!

Only those persons who are specified in the law, depending on the type of transaction and the grounds for invalidity, can claim the invalidation of a voidable transaction and the application of the consequences of invalidity.

State duty like 4% of the transaction amount

See tax code. .2 000 THOUS. RUB.

In accordance with the Tax Code article 333.21. Sizes of the state fee for cases considered in arbitration courts
2) when filing a statement of claim in disputes arising from the conclusion, amendment or termination of contracts, as well as in disputes on the recognition of transactions as invalid - 2,000 rubles.
Good luck.

The price of the claim and the state duty in i.z. on recognition of the transaction as void and application of the consequences of the invalid transaction

What is the amount of the state duty when filing a claim for the recognition of a real estate lease agreement as invalid.

In arbitration courts - 2000 rubles, in courts of general jurisdiction - 100 rubles (if at least one party to the contract or the plaintiff is not an entrepreneur, then the jurisdiction of the court of general jurisdiction).

The court left the statement of claim without movement, referring to the property nature of the claim, demanded to indicate the price of the claim and pay the appropriate state duty. Is a claim for the recognition of a transaction with a car invalid and the application of consequences ...

Which court should I apply to: the Justice of the Peace or the District Court? Claim for recognition of the transaction as invalid.

Of course not

A demand to declare a voidable transaction invalid may be presented by the persons specified in the Civil Code of the Russian Federation. Any interested person may file a demand to apply the consequences of the invalidity of a void transaction.

And who are the parties?

Look at the GPC. If you are in doubt, just indicate the price of the claim and go to the world. In general, there is no special jurisdiction on your topic.

There is no exclusive jurisdiction here - refer to the global

Only in the district. Non-property lawsuit. Therefore, the amount of the transaction does not matter.

Depends on who the parties are.

The requirement to recognize a voidable transaction as invalid may be presented by persons specified in the Civil Code of the Russian Federation. To recover from LLC Rusfinance Bank a state duty in the amount of state revenue.. To refuse the rest of the claim.

What about Arbitration?

Invalidity of transactions.

Why don't I have such good neighbors ((((

It is tempting to receive a gift, but also a big responsibility, depending on the character of the neighbor. We had one of these who made everyone the same gift, like take care of me, I’ll take a look, and then I’ll arrange an apartment for you, some of them were taken from the entrance, but they couldn’t stand it for more than 3 months because of her bad temper. After all, it is not difficult and invalid to recognize such a gift after a few years of your labors, and by old age you never know what illnesses will overcome her, and then more relatives will run in from nowhere... Now she is rootless, then they will run like cockroaches for sweets
So think hard, do you need it?

The first reaction - of course, yes. True, there are questions - how old is the neighbor, is healthy (maybe observed in the PND, then the contract will be illegal), relatives - in which cities - you need to find out so that there are no troubles.

We can agree....

Thus, the amount of the state fee for a claim for declaring a transaction invalid and applying the consequences of its invalidity is 8,000 rubles.

Look after her. This is Good idea came to her. Good luck and be reasonable.

Of course, you, madam, are lucky, only you do not tell us everything. Why is she giving up this apartment?

Have you gone nuts??? And then some kind of relatives and grandmother will be drawn ... fuck yourself with a slipper in the face and go to court - like you beat her, spread rot and lived out of the world for an apartment. Such cases in my practice dofiga. These grandmothers are terribly thoughtful. She has relatives!!! Do not even hesitate. According to Article 578 of the Civil Code of the Russian Federation, the donor has the right to cancel the donation if the donee has made an attempt on his life, the life of one of his family members or close relatives, or intentionally caused bodily harm to the donor. In the event of the intentional deprivation of the life of the donor by the donee, the right to demand in court the cancellation of the gift belongs to the heirs of the donor. In addition, donation agreements are subject to general provisions recognition of transactions as invalid. In this connection, the donor has the right to apply to the court with an appropriate application. For example, a grandmother will say that you did NOT help her as promised. Every time you wash her floor, you will have to call witnesses who, in which case, will testify that you did wash it and even start a washing schedule in which these witnesses will sign as witnesses. And on each check, the grandmother must sign - she received both a signature and a number, whether it be a pack of cottage cheese or drops from the heart. And then she will say - I don’t remember anything, her relatives will recognize her as something ... and they will prove that she gave power of attorney because of her sores and inadequacy. So ... no rents, donations and deeds and wills !!! Only a contract of sale. The amount can be written as a spit, for show.

There are no complications other than taxes. Agree of course!!!

You don't have any. Don't leave her on the street.

Treaty equity participation not paid. What amount of state duty an individual must pay based on what the claims are? At the same time, it should be borne in mind that if a claim for invalidation of a transaction is related to the rights to property subject to evaluation, then ...

Question: What is the amount of the state fee to be paid when filing a statement of claim with an arbitration court on recognizing a contract as invalid and applying the consequences of the invalidity of this contract - as from one claim or from two?

Answer: According to Art. 166 of the Civil Code of the Russian Federation, the transaction is invalid on the grounds established by virtue of its recognition as such by the court (disputable transaction), or regardless of such recognition (void transaction). The requirement to apply the consequences of the invalidity of a void transaction may be presented by any interested person. The court has the right to apply such consequences on its own initiative.

An invalid transaction does not entail legal consequences, with the exception of those related to its invalidity, and is invalid from the moment of its commission. If the transaction is invalid, each of the parties is obliged to return to the other everything received under the transaction, and if it is impossible to return what was received in kind (including when the received is expressed in the use of property, work performed or service provided), to reimburse its value in money, if other consequences the invalidity of the transaction is not provided for by law (Article 167 of the Civil Code of the Russian Federation).

The consequences of declaring a transaction invalid depend on the grounds on which it was declared invalid.

The grounds and procedure for paying the state fee, as well as the procedure for granting a deferral or installment plan for the payment of the state fee, are established in accordance with the legislation of the Russian Federation on taxes and fees (Article 102 of the Arbitration Procedure Code of the Russian Federation).

The amount, procedure and terms for paying the state fee in cases considered in the arbitration court are determined by Art. Art. 333.21, 333.22 of the Tax Code of the Russian Federation.

In accordance with paragraphs. 2 p. 1 art. 333.21 of the Tax Code of the Russian Federation for disputes on the recognition of transactions as invalid, the state fee is paid in the amount of 2000 rubles.

In accordance with paragraph 2 of Art. 126 of the Arbitration Procedure Code of the Russian Federation, the statement of claim is accompanied, among other things, by a document confirming the payment of the state fee in the established manner and amount, or the right to receive benefits for the payment of the state fee, or a petition for a deferral, installment plan, or a reduction in the amount of the state fee.

In accordance with Art. 128 of the Arbitration Procedure Code of the Russian Federation, the arbitration court, having established, when considering the issue of accepting a statement of claim for production, that it was filed in violation of the requirements established by Art. Art. 125 and 126 of the Arbitration Procedure Code of the Russian Federation, issues a ruling on leaving the statement of claim without movement. If the circumstances that served as the basis for leaving the statement of claim without movement are not eliminated within the time period established in the ruling, the arbitration court returns the statement of claim and the documents attached to it in the manner prescribed by Art. 129 APC RF.

It should be noted that the requirements for the recognition of the transaction as invalid and for the application of the consequences of its invalidity are independent requirements, they can be declared both together and separately from each other.

The arbitration court may satisfy the requirement to declare the transaction invalid and refuse to satisfy the requirement to apply the consequences of its invalidity (Resolutions of the Federal Antimonopoly Service of the Far Eastern District dated 07.05. 1/1385).

If the transaction is null and void (Article 168 of the Civil Code of the Russian Federation), the person concerned can only claim the application of the consequences.

In this regard, in our opinion, when applying to the arbitration court with an application for declaring a transaction invalid and applying the consequences of its invalidity, the state duty should be paid at a double rate.

According to the explanations set out in paragraph 16 information letter Presidium of the Supreme Arbitration Court of the Russian Federation dated March 13, 2007 N 117 "On Certain Issues of the Practice of Applying Chapter 25.3 of the Tax Code of the Russian Federation", if the application filed with the arbitration court combines several interrelated non-property claims, then within the meaning of paragraphs. 1 p. 1 art. 333.22 of the Tax Code of the Russian Federation, each independent claim is subject to state duty.

At the same time, according to the Russian Ministry of Finance, the recognition of a void transaction as invalid and the application of the consequences of the invalidity (nullity) of the transaction is one requirement. Accordingly, the state fee when filing a claim with the arbitration court to declare the contract invalid and apply the consequences of invalidity is paid in the amount of 2000 rubles, as from one non-property claim (Letter of the Ministry of Finance of Russia of November 29, 2007 N 03-05-06-03 / 93) .

In support of this position, the specialists of the financial department refer to the Decree of the Federal Antimonopoly Service of the West Siberian District dated September 28, 2006 N F04-5048 / 2006 (26097-A27-16).

However, in arbitration practice there is no unified approach to the issue under consideration.

In the Decree of the Federal Antimonopoly Service of the North Caucasus District dated May 26, 2009 N A32-3905 / 2009-35 / 12, the court returned the application without consideration, indicating that when filing an application for recognizing the transaction as invalid and demanding the application of the consequences of its invalidity, the state duty is payable on two requirements , and not one at a time, since from the content of Art. Art. 166, 167 of the Civil Code of the Russian Federation it follows that these requirements can be declared independently of each other, that is, each of them is an independent requirement.

Filing a statement of claim to recognize a transaction as invalid and apply the consequences of its invalidity is paid by a state duty in a fixed amount in the amount established for claims of a non-property nature. At the same time, the amount of the transaction, and hence the price of the claim, do not matter, since we are not talking about collecting a debt, but only about bringing the parties to their original position (Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of March 26, 2013 No. 15069/12).

Heart of the matter

The company-shareholder of the company filed a lawsuit against this company, as well as its affiliates, with a claim to invalidate the additional issue of ordinary registered shares of the company, invalidate nine share purchase agreements and apply the consequences of the invalidity of these transactions.

Trial

The court of first instance dismissed the claim, proposing that the plaintiff eliminate the violation of procedural requirements within a month by submitting a payment order confirming the payment of the state fee in the amount established for property claims. However, the plaintiff did not submit the document, and the court returned the claim. In this case, the statement of claim combined non-property and property claims. To the latter, the court included the requirement to apply the consequences of the invalidity of contracts by bringing the parties to their original position. When filing claims that simultaneously contain claims of both property and non-property nature, both the state fee established for statements of claim of a property nature and the state fee established for statements of claim of a non-property nature are paid (Signature 1, Clause 1, Article 333.22 of the Tax Code of the Russian Federation) . And the plaintiff paid the fee only for considering the issue of invalidating the contracts. The company did not pay based on the value of the property to be returned for consideration of the second part of the application, without eliminating the circumstances that served as the basis for leaving the claim without movement, so the court returned the claim (clause 4, part 1, article 129 of the Arbitration Procedure Code of the Russian Federation).

The judges of the appellate instance also considered the claim for the application of the consequences of the invalidity of transactions in the form of the return of everything received from such transactions as having a property character. The amount of the state fee was to be calculated and paid to the company as when filing a property claim in accordance with subpara. 1 p. 1 art. 333.21 of the Tax Code of the Russian Federation. The Court of Cassation agreed with the lower courts.

Position of the Supreme Arbitration Court of the Russian Federation

When reviewing the judicial acts rendered in the case in the manner of supervision, the Presidium of the Supreme Arbitration Court of the Russian Federation considered such a qualification of the requirement to apply the consequences of the invalidity of transactions to be erroneous. In its essence, it is a requirement not to collect a debt, but to bring the parties to their original position, which existed before the transactions were made. The seller returns the shares alienated by him, and the buyers - cash and bills transferred as payment for shares (clause 2, article 167 of the Civil Code of the Russian Federation).

Thus, the requirement to apply the consequences of the invalidity of transactions cannot be attributed to claims of a property nature, subject to assessment as a percentage of the value of the claim. In this case, the state duty is paid as for a non-property claim in a fixed amount of 4000 rubles. for each claim (subclause 4 clause 1 article 333.21 of the Tax Code of the Russian Federation).

The Presidium of the Supreme Arbitration Court of the Russian Federation canceled the acts of three lower courts and sent the case for a new trial.

The decision contains a reservation that the judicial acts of arbitration courts that have entered into legal force in cases with similar factual circumstances can be reviewed due to newly discovered circumstances on the basis of paragraph 5 of part 3 of Art. 311 APC RF.

note

The position of the Presidium of the Supreme Arbitration Court of the Russian Federation, expressed in the decision under consideration, will save the plaintiffs substantial sums. The fact is that, until now, arbitration courts have held a different opinion regarding the size of the state duty for filing a claim for the application of the consequences of an invalid transaction: the plaintiff had to pay the state duty on the demand for the application of the consequences of the invalidity of the transaction in the amount established for property claims as a percentage of the transaction amount ( subparagraph 1, paragraph 1, article 333.21 of the Tax Code of the Russian Federation). This opinion was expressed, in particular, in the decisions of the Federal Antimonopoly Service of the Urals District dated March 31, 2004 No. F09-816 / 04-GK in case No. A76-3152 / 03 (also based on the norms of the Law of the Russian Federation “On State Duty”), district dated November 23, 2012 in case No. A22-2431 / 2011, the Volga District dated July 11, 2008 in case No. A55-3279 / 2008-23, the Far Eastern District dated April 15, 2008 No. F03-A51 / 08-1 / 953 in case No. A51-15950 / 2006-15-344 / 1, East Siberian District dated November 30, 2012 in case No. A10-727 / 2012, West Siberian District dated July 13, 2006 No. F04-2861 / 2006 (22579-A27-11) in case No. A27-5246 / 2006-1, Moscow District dated September 17, 2007, September 24, 2007 No. KG-A40 / 9369-07 in case No. A40-75808 / 06-48-566, North-Western District dated July 30, 2007 in case No. A56-49130/04.

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State duty on declaring a transaction invalid

Which court is filing a claim for recognition of the transaction as invalid and what will be the amount of the state duty? The price of the claim is 3000 rubles.

Justice of the peace at the place of residence (location) of the defendant. You can calculate the amount of the state duty according to the rules of Art. 333.19 of the Tax Code of the Russian Federation.

The statement of claim is submitted to the court in writing. The statement of claim must contain: the name of the court to which the application is submitted; name of the plaintiff, his place of residence or, if the plaintiff is an organization, its location, as well as the name of the representative and his address, if the application is submitted by a representative; name of the defendant, his place of residence or, if the defendant is an organization, its location; what is the violation or threat of violation of the rights, freedoms or legitimate interests of the plaintiff and his claim; the circumstances on which the plaintiff bases his claims, and the evidence supporting these circumstances; the value of the claim, if it is subject to assessment, as well as the calculation of the amounts recovered or disputed; information on compliance with the pre-trial procedure for applying to the defendant, if this is established by federal law or provided for by an agreement between the parties; list of documents attached to the application. The application may include phone numbers, fax numbers, addresses Email the plaintiff, his representative, the defendant, other information relevant to the consideration and resolution of the case, as well as the petitions of the plaintiff. The statement of claim is signed by the plaintiff or his representative if he has the authority to sign the statement and present it to the court. Attached to the statement of claim: its copies in accordance with the number of defendants and third parties; a document confirming the payment of the state fee; a power of attorney or other document certifying the authority of the plaintiff's representative; documents confirming the circumstances on which the plaintiff bases his claims, copies of these documents for the defendants and third parties, if they do not have copies; the text of the published normative legal act in case of its contestation; evidence confirming the implementation of the mandatory pre-trial procedure for resolving the dispute, if such a procedure is provided for by federal law or an agreement; calculation of recoverable or disputed sum of money, signed by the plaintiff, his representative, with copies in accordance with the number of defendants and third parties. The judge, having established that the statement of claim was filed with the court without observing the specified requirements, leaves the statement without movement. The judge returns the statement of claim if: the plaintiff did not comply with the pre-trial procedure for settling the dispute established by federal law for this category of disputes or provided for by the agreement of the parties, or the plaintiff did not submit documents confirming compliance with the pre-trial procedure for settling the dispute with the defendant, if this is provided for by federal law for this category disputes or contract; the case is not within the jurisdiction of the court; the statement of claim is filed by an incompetent person; the statement of claim is not signed or the statement of claim is signed and filed by a person who does not have the authority to sign it and present it to the court; in the proceedings of this or another court or arbitral tribunal there is a case on a dispute between the same parties, on the same subject and on the same grounds; prior to the issuance of the court ruling on the acceptance of the statement of claim for court proceedings, the plaintiff received an application for the return of the statement of claim. The judge refuses to accept the statement of claim if: the statement is not subject to consideration and resolution in civil proceedings, since the statement is considered and resolved in a different judicial procedure; the application is submitted in defense of the rights, freedoms or legitimate interests of another person government agency, body local government, an organization or a citizen to whom this Code or other federal laws no such right has been granted; in an application submitted on its own behalf, acts are contested that do not affect the rights, freedoms or legitimate interests of the applicant; there is a court decision that has entered into legal force on a dispute between the same parties, on the same subject and on the same grounds, or a court ruling to terminate the proceedings in connection with the acceptance of the plaintiff's refusal of the claim or the approval of the settlement agreement of the parties; there is a decision of the arbitration tribunal, which has become binding on the parties and adopted in a dispute between the same parties, on the same subject and on the same grounds, except in cases where the court has refused to issue a writ of execution for the enforcement of the decision of the arbitration tribunal. The refusal to accept the statement of claim prevents the applicant from re-applying to the court with a claim against the same defendant, on the same subject and on the same grounds. (Articles 131-136 of the Code of Civil Procedure of the Russian Federation) As you can see, there are quite a lot of requirements for a statement of claim, and if they are not met and / or for a number of other reasons, not only a positive resolution of your issue in court, but also the trial itself may become impossible . Therefore, to draw up a statement of claim, it is best to use the services of a specialist.

What is the amount of the state duty to invalidate the transaction under a donation agreement plus moral damage of 50 thousand rubles, if the plaintiff is a pensioner and a disabled person of the 2nd group.

Such a pensioner is exempt from paying the state fee on the basis of paragraph 2 of paragraph 2 of Art. 333.36 of the Tax Code of the Russian Federation.

Good afternoon! A claim for the recognition of a donation transaction as invalid - a property claim subject to evaluation. The price of the claim is calculated from the cadastral value of the property. Disabled people of the 2nd group are exempted from paying state. fees, if the value of the claim does not exceed 1,000,000 rubles. If the value of the claim exceeds 1,000,000 rubles, these payers shall pay the state fee in the amount calculated in accordance with subparagraph 1 of clause 1 of Article 333.19 of the Tax Code of the Russian Federation and reduced by the amount of the state fee payable if the value of the claim is 1,000,000 rubles. The claim for Compensation for moral damage is a non-pecuniary claim and is not included in the price of the claim. Tax Code of the Russian Federation Article 333.36. Privileges when applying to the Supreme Court of the Russian Federation, courts of general jurisdiction, justices of the peace , subject to the provisions of paragraph 3 of this article, the following are exempt: 2) plaintiffs (administrative plaintiffs) - disabled persons of group I or II; 3. When filing claims of a property nature, administrative claims of a property nature and (or) statements of claim (administrative claims) containing both property and non-property claims at the same time, the payers specified in paragraph 2 of this Articles are exempted from payment of state duty if the value of the claim does not exceed 1,000,000 rubles. If the value of the claim exceeds 1,000,000 rubles, these payers shall pay the state fee in the amount calculated in accordance with subparagraph 1 of paragraph 1 of Article 333.19 of this Code and reduced by the amount of the state fee payable if the value of the claim is 1,000,000 rubles.

How much is the state duty on declaring a transaction invalid on a claim from an individual in an arbitration court?

Depending on the type of contract you are contesting. It is not clear why arbitration.

Is it necessary to pay a state fee for an incapable person to the court to declare the transaction invalid?

If he is disabled 1 or 2 gr. - state duty is not paid

State duty on the recognition of the transaction as invalid.

200 rubles plus the calculation of the fee from the price of the contract.

The amount of the state duty for a claim for the recognition of a transaction for the purchase and sale of a land plot as invalid, at the same meeting a petition for the removal of an arrest and a petition for reimbursement of court costs? I am a physical face.

Hello! Article 333.19 of the Tax Code of the Russian Federation 3) when filing a claim of a property nature that is not subject to assessment, as well as a statement of claim of a non-property nature: for individuals - 200 rubles;

State duty when filing a lawsuit to declare a transaction of sale and purchase invalid. State fee amount.

Tatyana, if you are not too lazy, then the site of the court in which you will file a statement of claim contains the section "State Duty", in which everything is indicated.

What is the amount of the state duty when filing a claim for the recognition of a transaction as invalid in relation to real estate, made by a spouse without the notarial consent of the other spouse, if we ask you to invalidate the transaction several transactions in one claim? For each transaction separately? Thank you very much.

In cases considered in courts of general jurisdiction, by justices of the peace, the state fee is paid in the following amounts: 1) when filing a claim of a property nature subject to assessment, with the value of the claim: up to 20,000 rubles - 4 percent of the value of the claim, but not less than 400 rubles ; from 20,001 rubles to 100,000 rubles - 800 rubles plus 3 percent of the amount exceeding 20,000 rubles; from 100,001 rubles to 200,000 rubles - 3,200 rubles plus 2 percent of the amount exceeding 100,000 rubles; from 200,001 rubles to 1,000,000 rubles - 5,200 rubles plus 1 percent of the amount exceeding 200,000 rubles; over 1,000,000 rubles - 13,200 rubles plus 0.5 percent of the amount exceeding 1,000,000 rubles, but not more than 60,000 rubles.

What is the amount of the state duty when filing a claim for the recognition of a transaction as invalid in relation to real estate, committed by a spouse without the notarial consent of the other spouse?

200 rubles in accordance with the Tax Code of the Russian Federation.

What is the amount of the state duty on declaring the transaction invalid. The defendant hid the apartment, rewriting it to a relative, hiding from the bailiffs.

This claim is a property claim. Therefore, the state duty is calculated from the cost of the apartment for which it was alienated in accordance with the contract

What is the amount of the state duty when filing a claim for recognition of the transaction as invalid?

Hello! What kind of claim do you declare of a property or non-property nature, since the state duty is different.

According to Article 333.21 of the Tax Code of the Russian Federation, the size of the state. the fee is 4,000 rubles.

According to Article 333.21 of the Tax Code of the Russian Federation, the size of the state. fees, when filing a claim with the Arbitration Court is 4 000 RUB.

What will be the state duty for a claim for the transfer of rights to property and for the recognition of the transaction as invalid.

See article 333.19 of the tax code, everything is spelled out in detail there

In accordance with part 2 of the Tax Code of the Russian Federation - 200 rubles for citizens. 3) when filing a statement of claim of a property nature that is not subject to assessment, as well as a statement of claim of a non-property nature: for individuals - 200 rubles; for organizations - 4,000 rubles;

The amount of the state duty depends on the value of your claim and is proportional to it. . You don't mention it in your question.

Katya, you have two demands: non-property - for the recognition of the transaction as invalid, and property - for the transfer of rights to property. It is from the value of this property that it is necessary to calculate the state duty + 200 rubles for non-property. All the best.

He paid the state duty on the recognition of the transaction for the sale of an apartment as invalid, paid 25,000, based on the cost of the apartment according to the BTI. But now I learned that this claim was non-property and all that had to be paid was 200 rubles. It's right?
And how can I return the excess paid for the state duty, file a petition right in the court session, or when? And I can return the state duty even if I lose, because it was simply paid too much by mistake? Thanks a lot!

Hello. At any time, apply to the judge for the return of the overpaid state fee. Regardless of who wins the trial and who loses.

An application for the return of the overpaid amount of the state fee in cases considered in courts, as well as by magistrates, is submitted by the payer of the state fee to the tax authority at the location of the court in which the case was considered. To the application for the return of the overpaid certificate of the courts on the circumstances that are the basis for the full or partial return of the overpaid (collected) amount of the state fee, as well as original payment documents in the event that the state fee is refundable in full size, and if it is subject to partial return, copies of the specified payment documents. An application for the return of the overpaid (collected) amount of the state fee may be filed within three years from the date of payment of the specified amount.

Question: We applied to the district court with a statement of claim to recognize the transaction (invoice-invoice) dated July 21, 2009 as invalid and apply the consequences of the invalidity of the transaction. The specified transaction was made without the knowledge of the owner of the car, by virtue of Art. 168 of the Civil Code of the Russian Federation is subject to recognition as null and void. We have paid a state fee of 200 rubles for a non-property claim. By ruling, the district court left the claim without movement, referring to the property nature of the claimed claim, it requires the price of the claim to be indicated and, accordingly, to pay the state fee. Please, explain whether the claim for the recognition of a transaction with a car as invalid and the application of the consequences of the invalidity of the transaction is a claim of a property nature? As a consequence of the invalidity of the transaction, we ask the court to return the car to ownership.

Answer: The Tax and Customs Tariff Policy Department has considered the appeal on the issue of determining the amount of the state duty when filing a claim with a court of general jurisdiction to invalidate a transaction with a car and apply the consequences of the invalidity of a void transaction and informs.

The Supreme Court of the Russian Federation, in response to question 4 of the Review of Legislation and judicial practice of the Supreme Court of the Russian Federation for the third quarter of 2006 clarified: since a claim to invalidate contracts of sale or donation, as well as a dispute on the application of the consequences of the invalidity of a transaction, is connected with property rights, the state duty when filing such claims should be calculated in accordance with subparagraph 1 paragraph 1 of article 333.19 of the Tax Code of the Russian Federation (hereinafter - the Tax Code of the Russian Federation) - as when filing a claim of a property nature, subject to assessment, depending on the price of the claim.

In addition, by virtue of Articles 167, 168 of the Civil Code of the Russian Federation, the recognition of a void transaction as invalid and the application of the consequences of the invalidity (nullity) of the transaction is one requirement. This position, in particular, is confirmed in the Decree of the Federal arbitration court of the West Siberian District of September 28, 2006 in case N F04-5048 / 2006 (26097-A27-16).

In view of the foregoing, we believe that the state fee for filing individuals to a court of general jurisdiction, a statement of claim containing a requirement to recognize a transaction with a car as invalid and apply the consequences of the invalidity of a void transaction should be calculated in accordance with subparagraph 1 of paragraph 1 of Article 333.19 of the Tax Code of the Russian Federation as when filing a statement of claim of a property nature subject to assessment, depending on the price claim.

In accordance with Article 333.19 of the Tax Code of the Russian Federation, when filing a claim of a property nature subject to assessment, the amount of the state fee payable is calculated from the value of the claim.

According to paragraph 6 of Part 2 of Article 131 of the Civil Procedure Code of the Russian Federation (hereinafter referred to as the Code of Civil Procedure of the Russian Federation), the statement of claim must indicate: the price of the claim, if it is subject to assessment, as well as the calculation of the amounts recovered or disputed.

The price of a claim for the recovery of property is determined on the basis of the value of the property claimed (clause 2 of part 1 of article 91 of the Code of Civil Procedure of the Russian Federation).

The value of the claim is indicated by the plaintiff. In the event of a clear discrepancy between the indicated price and the actual value of the claimed property, the price of the claim is determined by the judge when accepting the statement of claim (Part 2 of Article 91 of the Code of Civil Procedure of the Russian Federation).

Article 333.20 of the Tax Code of the Russian Federation establishes the peculiarities of paying the state fee when applying to courts of general jurisdiction, to justices of the peace.

In accordance with subparagraph 9 of paragraph 1 of Article 333.20 of the Tax Code of the Russian Federation, if it is difficult to determine the price of a claim at the time of its presentation, the amount of the state fee is preliminarily established by the judge with the subsequent payment of the missing amount of the state fee based on the price of the claim determined by the court when resolving the case, within the time period established by subparagraph 2 paragraph 1 of Article 333.18 of the Tax Code of the Russian Federation.

Document overview

It is explained how to determine the amount of the state duty when an individual files a statement of claim with a court of general jurisdiction containing requirements to recognize a transaction with a car as invalid and apply the consequences of the invalidity of a void transaction.

The state duty in this case should be calculated as when filing a claim of a property nature, subject to assessment, depending on the value of the claim.