Procedure for returning state duty paid through Sberbank

Grounds for refund of state duty

The traffic police is a government organization that provides a wide range of services: registration of vehicles, recycling, obtaining driver's licenses, replacement of documents, etc. With each application, citizens are required to pay a state fee, otherwise the service will not be provided.

It often happens that people have to return the state duty.

• An excess amount has been paid. For example, if by law you need to pay 350 rubles, but a person mistakenly entered 550 rubles. or another figure, an amount exceeding the established amount can be returned.
• If the provision of a public service was refused by decision of an authorized traffic police officer.
• If the citizen himself first paid the state fee and then refused to receive a government service.

Other situations may arise in which you have to contact the traffic police for a fee refund. It should be taken into account that when it comes to state fees for the court, documents are submitted to the Federal Tax Service. In other cases, they need to be sent to the road inspection - a government agency directly involved in the provision of services.

Possible reasons for refusal

In some situations, in response to an application for a refund, you may receive a refusal.

• Indication of inaccurate data when filling out an application - full name, details, etc. are written incorrectly.
• The appeal was submitted by a person who does not have the necessary power of attorney.
• The application is not accompanied by evidence of payment of the state duty - a receipt or invoice.
• Changing the registration data of a vehicle for which the fee was paid.

If the payer believes that the return of the overpayment was denied to him unlawfully, he can apply to the courts to protect his interests. According to Art. No. 227 of the Administrative Code , a judge has the right to cancel and suspend decisions of government bodies if certain violations are identified.

Personally at the traffic police

A personal visit to the traffic police is the easiest, but time-consuming way. It is good because if questions and problems arise during the preparation of documents, traffic police inspectors usually provide citizens with advice.

The disadvantage of visiting on your own is the time it takes: you will have to get to the department, then take a ticket at the terminal and wait your turn. This can take from 30 minutes to 2-3 hours depending on the workload of the department.

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An alternative option is to make an appointment with the inspectorate in advance through the State Services portal or on the department’s website itself. In this case, it is enough to arrive at the appointed time, get a ticket, wait no more than 5-10 minutes and go to the appropriate window to submit documents to the inspector.

The step-by-step algorithm for returning is quite simple:

1. Collect a complete package of documents.
2. Download the application and fill it out according to the established template.
3. Submit the application and documents to the traffic police officer.
4. Wait until the review is completed. Government agencies have up to 1 month to refund the state duty.

Money is always returned by bank transfer using the bank details provided by the applicants.

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:
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1. 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.
2. 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.
3. 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.
4. 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.
5. 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 of 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.

How to fill out an application?

• name and address of the traffic police;
• passport details;
• phone number;
• email address for sending a response (optional);
• reason for the return (be sure to refer to Article 333.40 of the Tax Code of the Russian Federation, which gives you the right to return the money);
• the exact amount to be refunded, including kopecks;
• bank account details where the money should be transferred;
• date and signature.

After submitting the application, in response, the traffic police officer will issue you a notification, which will contain information about him: full name, position, rank. This notification must be kept: if your money is not returned, it will serve as proof of the appeal in the future.

Sample application for duty refund

Applying for a duty refund through “State Services ” online is the most convenient option today. To do this, you only need to have a gadget with Internet access: PC, smartphone, laptop. This option makes it unnecessary to make a personal visit to the traffic police to submit an application, or to visit a post office to send an application by registered mail. “Gosuslugi” is not a separate site that independently performs the necessary legal actions.

It acts as an intermediary , allowing you to receive the required services remotely, connecting the user with the online resource of a certain government agency.

An application for a refund of state duty in paper format is submitted directly to the local traffic police department or sent by mail. When drawing up a document, you must be guided by the rules established by Federal Law No. 59 “On Citizens’ Appeals.” According to the standards prescribed therein, the application must have a standard structure and contain certain information.

1. In the upper right corner of the sheet there is a so-called “header”. It indicates: the applicant’s details (full name, address of residence, contact telephone number), name of the state institution receiving the application.
2. The main text contains information regarding the reason for the appeal. Time of payment of the fee, amount of funds transferred, reasons for return.
3. Next, you need to put forward your demands: make a full or partial refund of the amount of money. Here you can refer to the provisions of the current legislation, for example, Art. 333-40 of the Tax Code, and Art. No. 1102 SCRF. It provides payers with the opportunity to return overpaid amounts.
4. At the end of the paper, the date of its preparation and the personal signature of the applicant are indicated. Without this, the application is considered anonymous and will not be accepted for consideration.

There is no clearly regulated form for drawing up an application for the return of a sum of money. Therefore, the document is drawn up on a sheet of A-4 format in free form - handwritten, or printed through a printer.

In some cases, regional State Traffic Inspectorate authorities may introduce their own forms for filing applications. You can get them at the traffic police department, or print them from the official website of the local department.

A sample application for refund of overpaid state duty is presented below:

If the fee is not returned on time

If you sent an appeal, but did not receive a response and the money is not transferred either, a penalty begins to accrue.

where SV is the amount to be returned, KDP is the number of days of delay, SR Central Bank is the refinancing rate of the Central Bank.

Let's look at a practical example:

The citizen mistakenly paid an excess of 500 rubles, submitted documents for a refund, but did not receive a response. The number of days overdue at the time of calculation is 20.

If the state duty is not returned to you in a timely manner, you can appeal the inaction of the traffic police officers through a higher-ranking head of the department.

1. Prepare documents, including a notice of acceptance of the application from the inspector, if you submitted it in person. If the application was sent through the traffic police service, you will need a notification of its registration - it is always sent to an email address.
2. Submit a complaint along with other documents for consideration.
3. Wait for a response – it will arrive within 1 month.

If the fault is really with the department, the money will be transferred to you as soon as possible. If the complaint is refused, an official response will be sent from the traffic police explaining the reasons. If you disagree with them, you can appeal the refusal in court.

When will the state duty not be refunded?

Refund of state fees may be refused in several situations:

• The deadline for submitting documents has been missed - 3 years. As mentioned earlier, in this case it will have to be restored first, and only after that will the money be returned.
• There were serious errors in the application: the name or address of the department was incorrectly indicated, reliable personal data was missing, and bank details were entered incorrectly.
• Lack of evidence of payment of state duty. If you made a payment through a bank cash desk, you need to save the receipt. If the operation was performed through your personal bank account online, you can find it in the history and print the receipt yourself.
• An unauthorized person contacts the traffic police. If a person who wants to return the money cannot submit documents on his own, he can do this through a legal representative by proxy. If there is no power of attorney, the inspector will refuse admission.

There may be other reasons - they are always indicated in a written notification from the traffic police. If your refund is denied, you can eliminate the reason and submit the documents again.

The fee is a mandatory government fee for providing assistance in matters of various nature: registering property rights, obtaining a driver’s license or a new category, sending for recycling. It is paid through the government services portal, through special terminals in banks, and at traffic inspection offices.

Sometimes people make mistakes during the payment process and decide to refuse the service.

Let's find out how to return the state duty if the traffic police did not use it.

Refund

Expert opinion

Kuzmin Ivan Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

How to return payment of the state duty to the traffic police through the government service website if the car owner made mistakes during the transfer or sent it to the wrong address.

To return the money paid for the tax, an application letter is drawn up. The statute of limitations for refunding money is 3 years from the date of payment.

When it comes to overpayment, the money is transferred within a month. The application is submitted to the authorized body, as a rule, this is the traffic police or the tax office, if the matter concerns judicial issues.

Each branch has its own details, so you should contact the office where the payment was addressed.

In addition to the main document, the following documents are submitted:

• original receipt and its copy;
• photocopy of the first and second pages of an identity document (passport);
• duplicate taxpayer identification number;
• a court order confirmed by a notary office;
• The protocol on the fact of an administrative offense is a duplicate.

To return an erroneous or overpaid fee, a copy of the document stating the fact of the payment is attached to the letter.

If a person wants to get his money back for payment in court cases, a certificate or a court decision is added to the application, on the basis of which it is concluded that a full or partial refund must be made.

There is no special template or rules for drawing up an application; however, the law allows entities to make their own amendments and terms of registration. The document indicates the payer's full name, passport details, residential address, the reason why the money should be returned, and the bank account number where the payment should be sent.

1. On the standard sheet in the upper right corner it is indicated to whom the application is being sent - department, full name and from whom - passport details, telephone number.
2. The word statement is written in the center with a small letter.
3. The body of the letter explains all the reasons for the duty refund.
4. The data from the receipt is indicated - when the payment was made, check details.
5. Payment amount accurate to kopecks.
6. A request is made to return the money to a specific bank account.
7. The date, signature and transcript are written below.

The application is submitted to the appropriate department. The official must accept the document, indicating on it the date, his signature and transcript.

Send a letter by Russian Post with a description of the attachment. When the letter is delivered to the recipient, the sender receives a notification. This is a kind of proof that the document was sent with an important message.

When money is not returned from the treasury on time, a person receives compensation for this in the form of interest.

Calculation - the amount of the fee is multiplied by the n-number of days of delay and by a factor of 1/300 = the total amount payable.

When the state duty cannot be returned, it may be useful in the future. This function is valid for 36 months from the date of payment. When registering a car or obtaining a new category of license, provide your old receipt.

If the payer entered the details incorrectly and the money went to an unauthorized person, you should immediately call the bank. Usually there are 24 hours to resolve such an issue.

Reasons why a duty refund may be denied

The money will not be returned simply upon the motorist's request. For this there must be good reasons for the state duty to be returned within the prescribed period. In what cases will it not be possible to return funds:

1. The application was drawn up with gross errors, personal data was entered incorrectly. The statement contains points that indicate a violation of the law. It is imperative to correctly indicate the details of the authority to which the application is sent.
2. The person who wants to return the money is not actually the one who received this type of service. And such situations are quite real. This can happen if a fee was paid for registering a contract when selling a vehicle. As a result, the payer himself decided to refuse the sale, but the right to a refund of duty was transferred to the buyer. In this case, you do not need to count on a refund.
3. When submitting the application, the car owner did not present a check or receipt that would indicate that the payment was actually made. Many people have a habit of throwing away checks. So, after paying the state fee, you don’t need to do this. Ideally, it is better to keep the check for all three years.
4. If the owner’s details have changed, or rather his full name, then you can’t count on a refund.

If the reason for which the return was refused can be eliminated, then this must be done as quickly as possible. With a package of documents and corrected errors, you can submit your application a second time. Procedure for returning the duty to the State Traffic Inspectorate If a citizen decides to receive funds incorrectly paid to the state treasury back, he should contact the State Traffic Inspectorate to whose account the payment was received.

Through the State Traffic Inspectorate portal

You can submit an application during a personal visit to the State Traffic Inspectorate office or on the traffic police website in the “Accepting applications” tab.

Scans of documents are added to the electronic application: passport, taxpayer identification number, duplicate of the check. It is important to indicate your full name, email and postal address, and the reason for your request. If something is not specified, the application may not be answered. Usually you receive a notification that your letter has been delivered. The response will be sent within 10 days.

Your application will be considered for about a month, after which you will receive a response by email.

Application for refund of state duty to the traffic police - sample.

residing at the address: Moscow, st.

passport details (series, number, who issued it, when)

In connection with the transfer of funds above the established norm, I ask you to return part of the payment aimed at the state fee in the amount of 5,000 rubles. 00 kop.

All photocopies of documents are attached: passport 1-2 pages, TIN, payment receipt.

Expert opinion

Kuzmin Ivan Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

Please transfer funds using the following details: indicate the bank branch, current account, BIC (you can request a printout of the details from the bank).

The form can be filled out by hand or on a computer. It is important that there are no blots, changes, or pencil inscriptions.

Based on the Tax Code of the Russian Federation, if a driver changes his mind about changing his driver’s license, he has the right to receive back the money transferred to the account of government authorities.

The money will be refunded in part or returned in full, but this is possible before the car owner has submitted his request to the appropriate department.

Also, for a full refund, the original documents are attached, and for a partial refund, copies are sufficient.

Through State Services

The State Services portal has simplified life, because on it you can make an appointment with a doctor, apply for vehicle registration, obtain a license, and pay the state fee.

Let's figure out how to return payment of the state duty through the government service website to the traffic police.

The service attracts with its capabilities, namely a 30% discount on state fees. Mistakes are often made; you can enter incorrect details, pay more than necessary, or send money to another recipient.

The bottom line is that State Services acts as an intermediary, so you will have to deal with the recipient of the payment.

The proof will be a payment receipt, which can be taken from the site’s personal account.

Next, an application of the established form is submitted, documents are attached and a response is expected.

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:

1. Open the official website: https://www.gosuslugi.ru/
2. Log in to your personal account using the previously received login or password, or register an account.

   

3. 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.
4. The details will indicate the state duty for traffic police services or, if there was an error, other information.
5. 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.

Refund of state fees paid to the traffic police

The state duty is returned based on the payer’s application . The application must be submitted within three years from the date of payment.

The overpaid amount of state duty is returned within a month from the date of the specified refund application.

An application for a refund of state duty is submitted to a body or official (for example, the traffic police), which is authorized to perform legally significant actions.

If it is necessary to return money for state fees in cases that are being heard in the courts, an application is submitted to the tax office at the location of the court in which the case is being heard.

How to return an erroneously paid state duty to the traffic police? The application must be accompanied by original payment documents confirming payment of the state duty.

How to return overpaid state duty to the traffic police? A partial refund occurs after submitting an application and a copy of documents confirming payment of the state duty.

If the applicant submits an application for the return of funds paid for the state fee in those cases that are being considered by the court, a decision, a ruling on the return of the state fee or a court certificate stating that a full or partial refund of the fee is justified is attached to the application.

There is no single application form. The applicant draws up an application at his own discretion. But the law regulates that the constituent entities of the Russian Federation reserve the right to establish rules for completing the application.

It is necessary to indicate information about the payer of the state duty, the basis for payment or return of funds, and bank details where the money should be transferred.

The application, which is submitted to the Tax Service, is drawn up in a certain form, which was established by Order of the Federal Tax Service dated February 14, 2017 No. ММВ-7-8/ [email protected]

It is recommended to draw up an application in the following form (unless otherwise provided by the organization):

• in the upper corner the department to which the appeal is sent is indicated;
• Full name, address, contacts;
• passport details.

The following is indicated:

• reason for the return (it is necessary to indicate a link to Article No. 333.40 of the Tax Code of the Russian Federation);
• if there is more than one reason, all are indicated;
• then enter where the payment was made, indicate the check number or other information from the payment receipt (it will help specialists recognize a specific payment);
• the exact amount of the transfer, even pennies;
• ask to transfer funds and indicate bank and account details;
• The date of the claim is added, a signature, full name and initials are added.

A copy of the receipt must be attached to the application, which confirms payment of the state duty.

You cannot delay your application. The application is taken to the traffic police department in the area and handed over personally to the official. The traffic police officer is obliged to issue a notice of acceptance of the document, which must indicate:

• date of acceptance;
• position, full name of the employee;
• signature.

You can also send the application by registered mail with a valuable inventory. The applicant will receive notification of receipt and will be able to prove that he did not forget to enclose the document in the envelope.

Expert opinion

Kuzmin Ivan Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

If the applicant submitted an application and other documents, but the money from the treasury was not returned on time, interest will be added to the total amount. Interest is calculated using the following formula:

Amount of state duty * number of overdue days * 1/300 of the refinancing rate valid at the time the delayed payment appeared = interest on the late payment.

If the applicant was unable to return the money for the state fee, it can be used to re-apply to the traffic police or another authorized body. If 3 years have not yet passed from the date of payment, you do not need to pay the state duty again. The old receipt is attached to all other documents.

Required documents

To make a positive decision on the return of the overpayment, you will need to present a set of documentation established by law. These include:

• Request for return.
• A copy of the applicant's passport.
• Copy of personal TIN.
• Payment documents – a receipt from a bank, or an account statement when paying via a plastic card.

There are three main ways to submit your application. Hand over the paper to the reception of the territorial department of the State Traffic Inspectorate, upon his personal visit. You can also send an appeal requesting a refund by Russian post. To do this, it is recommended to use the format of a registered letter with acknowledgment of delivery to the addressee. This way you can be sure that the message has reached its destination. The third method is to submit an application using the Internet.

When money is not returned

The payer will not be able to exercise the right to a refund if:

1. There were errors in the return application, or there were violations of legal requirements, or incorrect personal data. It is necessary to carefully check the name of the authority to which the data is sent.
2. The applicant trying to return funds for the state fee is not the real recipient of the service. This is possible if the fee for registering a contract of sale of a vehicle has been paid. The payer then decided to refuse the sale, but transferred the right of return to the buyer. The traffic police will refuse to return it.
3. The payer did not provide the fact of payment of the state duty. There is no receipt confirming the fact of transfer of money to the traffic police. You should not throw away receipts for state fees. At least in the first three years after receiving the service.
4. When changing registration data in full name.

When can I return the state duty?

You can return funds that were paid as state duty in full or in part only in cases where:

• More money was spent on state fees than was necessary. In this case, the difference will be returned or it can be used to pay another fee.
• The application for which the payment was made will be withdrawn by the citizen himself.
• The citizen refuses to perform any legal action for which a fee was paid.
• It was paid for the issuance of a passport of a citizen of the Russian Federation or a foreign passport, but it could not be issued for some reason.
• The applicant was notified that he was denied registration for any government program. Moreover, this must happen before the registration date.
• Money was paid for legal proceedings, but the court refused to submit the application.

The amount of the state fee for issuing a driver's license

The amount of the state duty for issuing a driver’s license is regulated by Article 333.33 of the Tax Code of the Russian Federation:

Section 333.33. Amounts of state duty for state registration, as well as for performing other legally significant actions

43 1 ) for the issuance of a national driver's license, including in replacement of a lost or unusable one:

Currently, only plastic driver's licenses are issued in Russia. The state fee for issuing a license is 2,000 rubles .

Starting from August 3, 2021, new certificates with a built-in storage medium can also be issued. For the production of such rights you will have to pay 3,000 rubles .

Discount on payment of state duty

In 2021, you can pay the state fee for issuing a driver’s license with a 30 percent discount. Article 333.35 of the Tax Code of the Russian Federation:

4. The amounts of the state duty established by this chapter for the commission of legally significant actions in relation to individuals are applied taking into account the coefficient of 0.7 in the case of filing an application for the commission of these legally significant actions and paying the corresponding state fee using a single portal of state and municipal services, regional portals state and municipal services and other portals integrated with a unified identification and authentication system.

Thus, when paying a state fee at a discount (through the government services portal), its amount will be 1,400 rubles .

Note. From January 1, 2021, the discount will no longer be provided.

In addition, there are several preferential categories of drivers who are completely exempt from paying duties:

How long does the state duty last?

The validity period of the state fee for a driver's license is unlimited . For example, if you paid the fee in 2021, but for some reason did not use the receipt (changed your mind about changing your license), then you will be able to use the same receipt in 2021.

Example. Driver candidate Petr Petrov began taking exams at the State Traffic Safety Inspectorate on January 1, 2021. However, he failed to pass either the first or the second time. Then he went on a business trip, and when he returned, he completely forgot about the exams.

As a result, Peter successfully passed the exam on March 1, 2021. At the same time, to issue a certificate, he will be able to use the state fee paid in 2021.

However, please note that if the traffic police changes the payment details , then the old fee cannot be used. Therefore, the state fee will have to be paid again, and the old fee can be returned.

Procedure

With the development of information technology, communication with government agencies, especially the traffic police, is becoming much easier. So, now there is an online service with which you can send an appeal without leaving your home.

Expert opinion

Kuzmin Ivan Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

Do not forget to attach a scan of your passport and other documents that were involved in the service provided to you. Also be sure to add a scan of the receipt for payment of the state duty.

Using the website, it’s easy to return money for the state duty to the traffic police.

If for some reason you cannot make an online application, you will have to work the old fashioned way. We tell you all the details.

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?

• 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;

How to return the 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.

In any case, the tax code reserves your right to send an application to the traffic police demanding a refund of the paid duty. In this case, the refund will be made not by the local branch, but by the federal treasury.

How to write an application correctly

At the very top of the application you need to indicate the department to which you are sending the appeal. Everything is simple here - if we receive the service in person, then we write the department where you visited.

If there is another way, then the required address and name of the department can always be found on the official website of the traffic police. Below indicate your last name, first name, patronymic, residential address, contact phone number, passport details (series, number, who issued it, when it was issued, department code).

The subject part of the application must indicate:

• Reason for return with reference to Article No. 333.40 of the Tax Code of the Russian Federation. So we write: “In accordance with Article 333.40 of the Tax Code of the Russian Federation, I ask you to return the overpaid state fee for such and such a service.” If there are several reasons, we indicate all of them
• You need to indicate exactly where the payment was made, write the check number or other information from the payment receipt that will help specialists identify your payment
• Specify the exact transfer amount, down to the penny
• Add the line “Please transfer the funds returned for payment of the state duty to ...” and indicate the payment details of the bank and your account
• We add the date of drawing up the claim and sign it using the signature itself, last name and initials next to it

Be sure to attach a copy of the receipt confirming payment of the state duty. We invite you to familiarize yourself with a sample application to the traffic police for a refund of state duty ().