Cases of state duty refund
There are several situations when it may be necessary to return the state fee for a foreign passport:
Table 1. Reasons for refund of state duty
Cause | Explanation |
Incorrect details | In this case, the money is not sent for the intended purpose, and it will not be possible to obtain a foreign passport - erroneous entry of information is not a valid reason |
Excess amount | A citizen can return the amount exceeding the tariff or ask to offset it against another payment |
Discrepancy between the actual data about the payer or recipient and the information in the receipt | If the information about your full name does not match. payer and the name of the recipient, such a receipt from the Department of Internal Affairs of the Ministry of Internal Affairs will not be accepted, and it will not be possible to issue a foreign passport |
Refusal to issue a passport | If the refusal is unmotivated, he, in addition to returning the money, can file a complaint addressed to the head of the Department of Internal Affairs of the Ministry of Internal Affairs, where the document was planned to be issued |
Refusal of the applicant from the international passport | Before the document is processed, the applicant may refuse it. |
At the moment, there are several ways to make government payments that citizens can use: transferring money from electronic wallets, paying with a bank card online, or a personal visit to the Sberbank cash desk. They are the ones that matter when returning money: for example, if the payment was made through a bank office, a corresponding receipt will be required. The application for return is submitted to the Department of Internal Affairs of the Ministry of Internal Affairs - the department where the registration of the international passport was planned.
Going to court
If the FMS refuses to return the entire amount or part of the payment, proceed as follows:
- take a sample of the completed application;
- next you must fill it out;
- attach the original receipt and go to court.
If at the time of consideration of your case the department decides to return the money to your account, then you must send a petition to the court asking for the return of the statement of claim. Before returning the money for your passport, the court will notify you of the date of the hearing to which you must return. A decision will be made based on the outcome of the meeting. Funds must arrive in your account no later than one month.
You found out whether it is possible to return the state duty for a foreign passport and what pitfalls can await you in this difficult matter. In most cases, the FMS agrees with your requirements and returns the money. If this does not happen, you also know how to act in the current situation.
Legal regulation of state duty refund
From a legislative point of view, the specifics of state duty refunds are regulated by the Tax Code, namely Art. 333.40 Tax Code of the Russian Federation:
- If a citizen decides to refuse a foreign passport, he can return the money only before contacting the Department of Internal Affairs of the Ministry of Internal Affairs. If the issuing authority has already begun processing the document, a return is not possible.
- If a refund of overpaid amounts is required, the application is submitted to the migration department, regardless of the method of transferring the money.
- A return application can be submitted within three years. The period begins to be calculated from the moment the funds are deposited.
- If necessary, the payer may request that the overpaid money be offset against payment for similar actions: for example, if he issues a foreign passport not only for himself, but also for another person. The assessment is carried out at the Department of Internal Affairs of the Ministry of Internal Affairs.
Important! By law, the Tax Service must independently notify payers of overpaid funds for state duties and other fees within 10 days from the date the problem was discovered. In practice, citizens should not hope for notification, and when transferring government payments, it is recommended to more carefully study the legislation regarding the amount of contributions for government services.
Description of the return procedure
The procedure is not something extraordinary. This is a common practice of returning wasted funds.
. To make a refund, it is enough to personally write and submit an application, to which is attached, as proof, a receipt for the payment made.
No one is immune from mistakes. Errors occur especially often when filling out a form online or paying on the State Services portal. Not all users are masters of computer typing and have the skills of a professional proofreader
. Errors can be made both when filling out the fields in the form and when entering payment details.
Sometimes errors occur when filling out payment receipts
Someone entered the recipient's information incorrectly, someone did not check the specified information about the payer. As a result, the payment went to the wrong place
. This is the first and main reason why most citizens apply for a refund of the paid duty.
By the way. If the fee is not paid (paid incorrectly, the payment went to another address and did not reach the recipient), the applicant will not be issued a passport
. In this case, it is better to transfer the funds again, this time correctly, and then deal with the refund of the erroneously paid duty.
You can pay the fee online using a bank card
On what basis can an applicant request a refund of the paid fee?
- The government agency did not provide the applicant with the service he paid for.
- The user himself refused to receive the service, even if he had already paid for it in full.
- An amount exceeding that determined by the Tax Code was paid.
- The payment receipt indicates one name of the payer and another of the recipient. This happens quite often when parents apply for children's international passports
. Therefore, it is imperative that the payer indicate the child for whom the passport is issued, and not his solvent parent who actually paid for the service.
Important! When applying for a refund, a payment receipt must be provided. It must be saved, since it can be used to refund the duty within three years after the payment was made.
If you make a mistake or change your mind about applying for a passport, be sure to save the receipt
In all cases, payment will be returned to the payer in full and without taking into account any commission.
Procedure for refund of state duty for a foreign passport
In most cases, the state duty is refunded by submitting an application to the Department of Internal Affairs of the Ministry of Internal Affairs. The money will be transferred in full without taking into account commission. At the moment, the standard cost of a foreign passport is 3,500 rubles, but the amount may be increased depending on its type.
A few months ago, information appeared about an increase in the price of a foreign passport from July 1, 2021 to 5,000 rubles. As of July 15, the cost remains the same, but there is already a bill on the basis of which it will be increased. You can find out more about this in the video:
Where to go
There are several return methods that you can use if necessary:
- Contact the Department of Internal Affairs of the Ministry of Internal Affairs.
- Submitting an application to the MFC.
Note! It is best to immediately go to the migration department, since it is he who is authorized to issue foreign passports. The MFC is a kind of intermediary, and the return period through it can be extended.
What documents to submit
The most important document on the basis of which a refund is made is the payment receipt. If the payment was made through online services, you should print a paper receipt.
If a citizen paid the fee through the Sberbank cash desk, but subsequently lost the receipt, he can contact the bank to obtain an extract on the status of payment - it will become evidence.
In addition to the above, a return application and a citizen’s personal passport will be required. A copy is made of the ID card and certified by the signature of the owner.
Form and content of the application
There is no established form for an application for a refund, but it must contain the following information:
- Name of the territorial authority that must make the return.
- Request for transfer of funds.
- On what basis should the money be returned?
- Payment receipt number and amount.
- Details of where to transfer funds.
- List of attached documents: receipts for payment of state duty, copies of passport.
Application for refund of state duty for a foreign passport: sample
Transfer deadline
If a citizen has submitted an application that meets all the requirements, the money will be transferred to him within a month after the application. In the event of an unmotivated refusal to return, he can appeal this in the magistrate’s court or by filing a complaint addressed to the head of the Department of Internal Affairs of the Ministry of Internal Affairs for a pre-trial settlement of the problem.
Refund deadlines
There are strictly limited deadlines for this procedure. The employee must consider the submitted application within no more than ten days. A delay is only possible if the employee has doubts about the authenticity of the documents provided. If they turn out to be false (fake payment receipt), the money will, of course, not be returned to the applicant.
By the way. If the established return period is violated without good reason due to the fault of an employee of the institution, the applicant will be paid the amount with interest (penalty), in accordance with the provisions of the Tax Code.
Refunds after all checks should be expected within thirty days after submitting the application and its official registration.
The money will be credited to the card within thirty days
Refund for overpayment
This error also occurs quite often. Citizens pay more than they should for various reasons.
- The fee is calculated for one type of foreign document, but then the recipient decides to issue a cheaper one.
- A passport is issued to a child, and the amount is paid as an adult.
- When paying on the site, many do not take into account the thirty percent discount and pay in full.
The procedure for returning an overpayment is exactly the same as for an erroneous payment, with the difference that there is no need to go to the bank for background information about the payee.
In case of overpayment, an application is filled out and submitted to the Main Directorate for Migration and Migration.
Video - How to return overpaid state duty
Reasons for refusal
The list of reasons why an applicant may be denied a refund is quite narrow:
- The registration of a foreign passport has already begun, or the citizen received it earlier.
- The applicant does not have a receipt confirming the payment.
- The citizen was provided with an incomplete set of documents for return, or they do not meet the requirements.
All of the above factors are indicated in the Tax Code of the Russian Federation, and only on their basis will the return of money be refused. In other cases, the actions of the Internal Affairs Directorate of the Ministry of Internal Affairs in case of refusal may be considered unlawful.
Sequencing
The law allows you to demand money back if there are good reasons, if no more than 3 years have passed since the transfer. But most often, citizens apply for a refund in the first 2-6 months after payment. It should be recalled that during the specified three-year period, this state fee can be used when re-applying for a foreign passport.
To get your money back, you need to fill out your request correctly. Before refunding the state fee for a foreign passport through State Services, check the availability of the receipt. If, when completing the transaction, you did not make a printout or lost the receipt, it must be restored.
To do this, go to the portal, download the Personal Office and select the required one from the transaction history. Print the document. If you don't have a printer, copy the file to a flash drive or disk and go to a nearby computer center for help.
Paperwork
A receipt confirming the fact of payment is the main document without which a refund is impossible. If the transfer was made through a bank, you need to contact the branch and receive a statement confirming this fact. A petition with a request to return the fee for the production of a new type of international passport (or biometric) is written to the department of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs. In addition, you must make a copy of your civil identity card and attach it to the kit.
Drawing up an application
An application for return must be prepared addressed to the head of the local structure of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs. There is no officially approved form. However, when filling out an application for a refund of the state fee for a foreign passport, use the form that can be downloaded on our website. Requests will only be accepted in writing.
The header, located in the upper right zone, indicates the full name and position of the head, the name of the department of the Main Directorate for Migration Affairs of the Ministry of Internal Affairs, as well as the personal data of the applicant, his address, telephone number, e-mail. In its main part, the sample application for a refund of the state duty for a foreign passport must contain the following information.
- The date the money was transferred.
- Amount of fee required for return.
- Basis for the procedure.
- Details of the citizen's account to which the funds will be transferred.
- Description of all papers attached to the petition, indicating the number of copies and pages.
- DDMMMYY drawing up the application, signature.
Download a sample application for refund of state duty
The provided bank details must belong to the applicant; transfer of funds to a third party account is prohibited.
Return deadlines
It takes time to review the submitted documents. The law allows 30 days for this. During this period, employees of the migration authority check the fact of payment of the state duty. If the outcome of the case is positive, the money will be returned within a month. When an authorized person identifies inaccurate information, the applicant is provided with a written refusal.
Refund of state duty through “State Services”
At the moment, the state fee for a foreign passport is not refunded through State Services. This is due to the fact that in order to carry out the operation, payers must submit applications in person to the departments that process the documents.
But paying the state fee on the State Services website is quite profitable: those who choose this payment method are given a discount of 30% of the tariff.
Material on the topic: How to apply for a foreign passport through “Government Services”.
Rules for filling out an application
You can download a sample application for a refund of state duty and fill it out yourself.
You can also fill out the application directly at the FMS office at your place of residence. The form must indicate:
- Full name, address and contact information;
- the amount you want to return;
- reason (must match one of those listed above);
- your bank account details so that you can transfer the fee for your international passport;
- a complete list of documents that are attached to the application;
- personal signature.
After submitting the return documents, you should wait for the FMS decision. If a decision has been made to return the funds, the Federal Treasury will transfer them to the account specified in the application. Now let's look at how to return the state fee for a foreign passport if you overpay.