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.
If you overpaid
This is one of the most common mistakes that can happen in the following cases.
- When determining the cost of the fee, the citizen was counting on one type of foreign ID, but changed his mind and applied for a cheaper option. Or he did it out of ignorance.
- The document is requested for a person under the age of 14, and the fee for a foreign passport is calculated for an adult.
- The money is deposited through State Services, which gives a 30% discount, and the applicant transferred the full amount.
The refund procedure for overpayment is the same as in other cases. It is important to draw up the application correctly, attach a check and a copy of the applicant’s civil identity card to it.
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.
Reasons and reasons
Documents for a foreign passport will not be considered if the applicant has not paid the required amount of the state fee. But in some cases it becomes necessary to make a return
.
How to return money for the state fee for a foreign passport?
The grounds for this are fixed in the Tax Code, in Article 333.40 . Let's list them.
- The applicant made a mistake and transferred more than required. This usually happens when a citizen ordered a foreign ID of the old format, but paid as for a biometric sample
. Or I paid for an adult passport and ordered a child’s passport. - The migration authority did not issue the document. This happens when an incomplete set of papers was submitted, the information turned out to be false, or the applicant is in possession of state secrets.
- A citizen who submitted a request for a document to the Main Department of Migration Affairs of the Ministry of Internal Affairs, for some reason, wanted to withdraw it.
In the latter case, a refund is possible if the passport has not yet been issued. Regardless of the basis on which the decision is made, the state duty will be returned in full, without charging a 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.
Actions in case of refusal
Authorized government agencies have the right to refuse an applicant if:
- There are no established grounds for making a refund (for example, the issuance of a foreign passport was agreed upon by the Main Directorate for Migration, but the payer for some reason refused to receive it);
- The submission of the request under consideration does not comply with the current regulated requirements (for example, the application is completed incorrectly and/or at least one of the required documents is missing);
- When checking the submitted documents and/or information, violations of current regulations were revealed (for example, employees of the Ministry of Internal Affairs discovered the fact of deliberate forgery of information by the applicant).
In the same case, if the request is submitted in strict accordance with legal requirements, but the GUVM somehow violates the return procedure (for example, by not complying with the established deadlines for consideration), the applicant has the right to file an appropriate administrative claim.
To do this you will need to prepare:
- The statement of claim itself (the defendant is a department of the Main Directorate for Migration and Migration);
- Bank statement confirming the receipt of funds to the GUVM account;
- Copies of all documents (including applications for return) previously submitted to the Main Directorate for Migration and Migration;
- Documented refusal to return (if any).
The claim is drawn up by analogy with the above statement. However, in this case, the plaintiff also has the right to demand compensation from the defendant for his own legal costs. The prepared documents are submitted to the court of first instance at the plaintiff’s place of residence.
The deadline for consideration of a claim is 1 month, calculated from the date of its registration in the court office. The duration of the proceedings itself varies (as it depends on the circumstances of a particular case) and often exceeds 3 months. In turn, a court decision that does not satisfy the claims can be challenged through a higher court or the prosecutor's office.
It is also important to note that the payer has the right to request in court an extension of the above-mentioned three-year refund period. The condition is the provision of evidence of the impossibility of submitting a request in the prescribed manner (for example, a medical certificate about long-term hospitalization).
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.
Step-by-step instructions on how you can return the duty in money through State Services
You can submit an application for a fee refund through the State Services portal.
In order to apply for a state duty refund, you must draw up an application and submit it to the authorized body to which the money transfer was made. The algorithm of actions is the same for all cases.
Step 1
The first step is that the citizen must draw up an application, which is written in free form. The application must indicate your full name, the government agency to which the transfer was made, passport details and your residential address. The statement sets out the reasons why they could previously pay, but now it is necessary to return the funds. You will also need to provide the transfer details. If the payment was made through the Gosuslugi portal, then you need to print a transfer receipt.
Step 2
In order to receive a receipt, you must. To do this, you need to click on the “Personal Account” icon on the right side of the screen.
Step 3
To authorize, you will need to enter your mobile phone number or SNILS number.
Step 4
The next step is to select “All notifications”. After a window with all completed transactions opens, double-click with the left mouse button on the service for which you plan to return.
Step 5
Once the required service has been selected, you must click on the “Print” button.
Once the required receipt has been printed, it must be attached to your personal application. A receipt is required to prove that the payment has been processed. If documents are provided in person, they must be stamped with acceptance. When sending documents by mail, the documents are sent by a valuable letter and an inventory is drawn up.
After submitting an application, the government agency has 10 days to review. Refusal to pay can be made only on the grounds provided for by the legislation of the Russian Federation. If a citizen disagrees with the decision, he has the right to appeal in court.
They can refuse only if there are legal grounds.
If the government agency decides to return the funds, they must arrive in the applicant’s account no later than 30 days later.
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”.
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.
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.