Section of a personal account in a municipal apartment in 2021: documents, application, jurisdiction

Don’t want to pay more for housing and communal services for another person? Find out how to separate personal accounts in a municipal apartment, and pay only for yourself.

The current housing legislation defines the procedure for dividing utility costs in municipal, privatized residential premises as the allocation of a share in payment for utility services for residential premises. This allocation is made through the conclusion of a mutual agreement between persons living together, or, in the absence of such an agreement, through legal proceedings.

Is it possible to split a personal account in a municipal apartment?

Municipal apartments are provided to citizens under a social tenancy agreement (Article 49 of the Housing Code of the Russian Federation).
The owner must pay utilities and other expenses associated with the maintenance of the property. Relatives and family members can live with him. In accordance with Art. 69 of the Housing Code of the Russian Federation, the rights and obligations during hiring are equal for all citizens living in the apartment. Family members may include spouses, parents, children, brothers and sisters of the employer. Information about them is included in the social tenancy agreement. If a citizen ceases to be a member of the tenant’s family, but continues to live in the apartment, then he retains all rights and obligations.

A personal account is an identification number assigned to a specific property.

With its help you can find out the following information:

utility debt;
condition of the property;
number of registered citizens;
availability of benefits.

There are no rules and regulations for personal accounts in the legislation. Therefore, an agreement between residents or a court decision can simply determine the payment procedure in accordance with the citizen’s share of the right to housing.

Reference! The division of a personal account occurs by agreement of citizens or through the court.

When determining shares of utility costs, the number of residents and the area of the apartment are taken into account. Both parents are responsible for minors. If they live in the same housing, then the amount is divided in half between them.

The standard situation is non-payment of housing and communal services by one of the shared owners of residential premises.

For example, one of the homeowners (let's call him A.) owns 1/3 of the share in the right to an apartment, the other two have 2/3 of the share (1/3 each).

A. pays the bills for housing and communal services issued by the management company; other owners do not participate in the payment of housing and communal services.

What should A., who does not want to pay for other co-owners, do in such a situation?

You can, of course, pay only “for yourself”, i.e. in proportion to their share in the right to housing. However, in this case, due to non-payers, a total debt for “rent” will accumulate on the financial-personal account. And without a “personal account division”, a bona fide owner bears the risks of negative consequences in the form of attempts by the management company or utility suppliers to limit or suspend the provision of a utility service, for example, in the form of “switching off” hot water (hot water utility service). The procedure for limiting and suspending the provision of utility services is regulated by Decree of the Government of the Russian Federation of May 6, 2011 N 354 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings” (clauses 117, 118 of the Decree).

Requirement to divide a personal account

To begin with, it’s an incorrect concept. However, it is firmly rooted in the minds of citizens and is used both in speech and in writing. But the account cannot be “split”, the account can be opened.

Thus, citizens go to court with claims called “for the obligation to divide the personal account for payment of housing and communal services.”

However, this name of the claim does not prevent the courts from correctly resolving disputes, because from the content of the statement of claim it follows that the plaintiff is actually asking to determine the procedure for incurring expenses for housing and communal services, i.e. The will of the plaintiff and the focus of his claim is obvious on forcing the management organization to issue separate invoices to the co-owners for payment of housing and communal services.

In paragraph 27 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 27, 2017 N 22 “On some issues of consideration by courts of disputes regarding payment for utilities and residential premises occupied by citizens in an apartment building under a social tenancy agreement or owned by them” the following is stated:

Co-owners of residential premises in an apartment building are responsible for paying for residential premises and utilities in proportion to their share in the right of common shared ownership of residential premises (Article 249 of the Civil Code of the Russian Federation).

Within the meaning of Article 155 of the Housing Code of the Russian Federation and Article 249 of the Civil Code of the Russian Federation, each of these co-owners of residential premises has the right to demand the conclusion of a separate agreement with him, on the basis of which payment for residential premises and utilities is made, and the issuance of a separate payment document.

Contacting the manager

As practice shows, the procedure for participation in payment for housing and communal services is determined in court, since the management company, for obvious reasons, does not want to maintain a separate financial and personal account for each of the co-owners of the apartment and issue several invoices for payment instead of one. After all, “one account – one apartment” is much more convenient for the purposes of collecting fees and collecting them in court.

In addition, to determine the procedure for paying for housing and communal services, an agreement between shared homeowners is required (Article 247 of the Civil Code of the Russian Federation). Practice shows that it is rarely possible to conclude such an agreement.

For the reasons stated above, we recommend that you immediately go to court without trying to resolve the dispute out of court.

The wording “personal account section” for payment of housing and communal services. Arbitrage practice

As a rule, the courts, satisfying the demands of the plaintiffs, determine the procedure for paying for housing and communal services in proportion to the share of ownership of the residential premises, and oblige the management company to issue separate invoices for payment of housing and communal services. In some cases, the courts also indicate the obligation of the management company to maintain independent financial accounts. Sometimes in decisions you can also see “the obligation of the management company to enter into a separate agreement with the owner for payment of residential premises and utilities.”

The court decision, in its operative part, states the following:

1) “..to determine the procedure and amount of participation in payment for residential premises and utilities at the address ... as follows: for M.A.V. - 1/3 share, for K.N.A. - 2/3 share with the issuance of separate payment documents for each" (Appeal ruling of the St. Petersburg City Court dated 07/09/2015 No. 33-10642/2015 in case No. 2-56/2015)

2) “..the court reasonably satisfied the plaintiffs’ demands to determine the procedure for participation in bearing the costs of maintaining the residential premises, in accordance with which each of the owners will make the specified payment in accordance with the size of their share, imposing on the management company the obligation to issue separate payment documents with the maintenance of independent financial and personal accounts" (Determination of the Leningrad Regional Court dated April 2, 2015 N 33-1720/2015)

3) The court decided: “..to determine the procedure for payment for living quarters and utilities between the participants in common shared ownership of an apartment .. in the house .. in proportion to their shares in the right of common shared ownership of the specified apartment.. To oblige Sanservice LLC to enter into G.E. a separate agreement for payment of residential premises and utilities for the apartment .. with the issuance of a separate payment document" (Appeal ruling of the Ulyanovsk Regional Court dated April 14, 2015 in case No. 33-1585/2015)

4) The court decided: “..to determine the share of participation in the costs of paying for housing and utilities in the following order: for D.D.O., acting for himself and in the interests of the minor child D.I.D., - in size 2/5; for N., Z., D.R.D. - in the amount of 3/5. Oblige LLC “Manager” (Appeal ruling of the Supreme Court of the Republic of Tatarstan dated 06/04/2015 in case No. 33-8102/2015)

5) The court decided: “..to determine the procedure and amount of participation of L.V. in the costs of paying for residential premises and utilities, based on his share in the total area of the residential premises, for which he bears the obligation to pay these payments based on independent responsibility for obligations arising from the ownership of 1/3 of the share of the residential premises in proportion equal rights to use both residential premises and common property in an apartment building, that is, in the amount of 1/3 of the total amount of payments accrued for residential premises, with the execution of a separate payment document..” (Appeal ruling of the Saratov Regional Court dated 19.08. 2015 N 33-4703/2015)

Sample statement of claim

See a sample claim to the court: statement of claim for the division of a personal account between the owners for payment of housing and communal services

Section of a personal account for paying utility bills in a jointly owned apartment

We are talking, first of all, about the joint property of spouses. Let us recall that common joint ownership of residential premises is property without determining shares. A joint obligation to pay for housing and communal services arises among spouses - owners of residential premises who purchased an apartment during marriage, for a fee (see for more details the article Joint ownership and joint obligation to pay for housing and communal services)

On joint property of spouses, see in more detail the comments to Article 34 of the Family Code of the Russian Federation

Thus, for the purpose of determining the amount of payment for housing and communal services by co-owners of residential premises that are in their common joint ownership, it is necessary to first determine the shares in the right. This means that one of the requirements, in addition to those given in the sample statement of claim, will also be the requirement:

“to determine the shares in the right of common joint ownership of residential premises at the address...”.

Section of a personal account in an apartment occupied under a social tenancy agreement

All of the above fully applies to social housing. Thus, a former family member of the tenant has the right to demand in court to determine the procedure for paying for housing and communal services. There are clarifications on this matter in paragraph 2 of clause 30 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated July 2, 2009 N 14 “On some issues that have arisen in judicial practice when applying the Housing Code of the Russian Federation,” which states that the court, when considering these disputes, has the right in relation to the provisions of parts 4, 5 of Art. 155, art. 156 Housing Code of the Russian Federation and Art. 249 of the Civil Code of the Russian Federation to determine the procedure and amount of participation of a former family member of the tenant in the costs of paying for housing and utilities, based on his share of the total area of the residential premises, imposing on the landlord (management organization) the obligation to conclude a payment agreement with the former family member residential premises and utilities.

Alexander Otrokhov, Legal, 11/07/2015

Procedure

The procedure depends on whether the residents have reached a consensus.
If citizens were able to agree, then they enter into an agreement and contact the municipal administration. Municipalities may issue regulations defining the procedure for dividing a personal account for paying for housing and communal services. If there are disputes, you must go to court. When making a decision, the official takes into account all the circumstances of the case.

Collection of documents

To initiate the procedure, you must prepare the following documents:

identification;
extract from the personal account;
social rental agreement;
extract from the house register.

In some cases, civil servants may require additional documents.

Contacting the administration

Citizens must submit an application to the administration to split their personal account if they are ready to enter into an agreement. Documents are submitted in person, through a representative or by registered mail. If the application is submitted through a proxy, then it is necessary to issue a power of attorney from a notary to perform actions on behalf of the citizen.

Documents are reviewed within 30 days. If additional checks are necessary, the period may be extended, but not more than by a month.

Drawing up an agreement

The agreement is drawn up after receiving a decision from civil servants. Its form can be established at the municipal level. If the sample is not approved, then the agreement is drawn up in free form.

Download a sample agreement on the division of a personal account in a municipal apartment

It should contain the following information:

information about residents;
data about the property;
details of the social tenancy agreement;
determining the share of each resident;
requirement to separate a personal account;
list of applications.

The document must be signed by all parties involved in the division. The agreement remains in the hands of each tenant. One copy is submitted to the administration. On its basis, an agreement is concluded with the management company. After this, separate payment documents must be issued for each tenant.

Drawing up a statement of claim

A statement of claim is filed if citizens living together cannot come to a common decision. Its content is determined by Art. 131 Code of Civil Procedure of the Russian Federation.

The claim contains information:

name of the court;
plaintiff's details;
information about the defendant;
violation of the plaintiff's rights;
applicant's requirements;
list of attached documents.

It is recommended that the statement indicate the legal documents that were violated by the defendant. The obligation to pay for housing and communal services is determined by Art. 153 Housing Code of the Russian Federation. If the basis for dividing the personal account is debts, then the claim states that the defendant is violating this legal act.

Payment of state duty

The claim for division of a personal account is non-property. Therefore, the state duty for individuals is 300 rubles.

Submitting documents to court

Jurisdiction for consideration of cases relates to magistrates at the place of residence of the defendant.

A citizen must prepare the following package of documents:

identification;
lawsuit;
receipt of payment of state duty;
marriage or divorce certificate;
registration certificate of the property;
social rental agreement;
cadastral passport of the apartment;
extract from the personal account;
certificate of family composition.

The claim is filed personally by the citizen, by registered mail with notification, through a representative with a notarized power of attorney. The judge sets the date and time of the hearing, of which each of the interested parties is notified.

The claim can be filed by any tenant of the apartment, since according to the law the tenant and his family members are equal in rights and responsibilities.

Obtaining a court decision and transferring it to the management company

After the court decision is received, it must be transferred to the management company. Based on the document, it is necessary to conclude new agreements with the management company.

After this, separate bills will have to be generated for housing and communal services.

Court

If payment by former spouses is a real problem, and you cannot find a common language with the manager, then you can go to court. To do this, you will need to write an application for splitting the account, as well as establishing the procedure for using the apartment.

Anyone living in the home has the right to this. It should not be taken into account whether he is a responsible tenant or not. A former spouse or one of the children who decided to start their own family can submit the paper.

Please note that the paper can be submitted in person or by mail. If you plan to use postal services, it is better to use a registered letter, describing the attachments. In this case, the subject of the dispute will be the apartment, that is, the application must be submitted at its location.

Since the claim is not a property claim, no assessment will be carried out, and accordingly, the amount of the state duty will be fixed. With changes in the tax code, the amount of state duty is 300 rubles.

It is worth listing the papers that are required by the judicial authorities:

duty payment receipt,
information from the house book,
BTI plan for an apartment,
copies of documents that indicate that separate families live in the apartment, these include marriage certificates and divorce papers.

Arbitrage practice

Judicial practice shows that the plaintiff's demands are not always satisfied.
Thus, by decision in case No. 2-983/2018 dated March 23, 2018, the Ufa court rejected the claim, indicating that the division of personal accounts is not provided for by law. The Samara Regional Court upheld the decision of the first instance. But the appeal decision of the Altai Regional Court states that it is necessary to divide payment documents for utility bills in accordance with the number of people living in the apartment.

Account section in a privatized apartment

The division of the share in payment for utilities and housing services in residential real estate that is shared ownership (housing is the common property of several persons) is possible between the persons living in it. The absence/presence of family relationships does not affect the possibility of sharing utility costs.
According to the norms of housing legislation, owners are obliged to maintain the living space, as well as the common property of the owners of an apartment building, in proper condition. Therefore, each owner is obliged to pay for utilities, maintenance and repairs of his home in proportion to his share.
Payment for utilities and apartment maintenance services is made on the basis of payment documents - receipts.
If they wish to divide the obligations to pay for these services, the owners can enter into an agreement on the basis of which the shares in payment of utility and housing payments will be determined.
If it is not possible to reach mutual agreement between the owners to determine the procedure and amount of payment of housing and utility bills, persons interested in this can file a lawsuit.
As a result of the trial, the procedure for determining the procedure for using residential premises (allocation of shares) will take place, and then the procedure for dividing personal accounts will be determined.
This claim can only be filed by one of the apartment owners, who is an interested party.

Questions from our readers

When is it impossible to split a personal account in a municipal apartment?
Division of a personal account by court or voluntary agreement is not permitted in the following cases:

the residential premises are service premises;
the property is privately owned by a citizen;
the apartment has encumbrances;
the property has been seized.

If the owner believes that his rights are being violated, he has the right to go to court, regardless of the area of the property and the number of residential premises. It is possible to determine the procedure for separate payment of utilities for several citizens living together even in a one-room apartment. The court may not satisfy the plaintiff's demands if it considers that his rights have not been violated.

Is it possible to divide the debt for utility bills when dividing a personal account?

When filing a claim, a citizen can indicate a requirement for the division of debt for housing and communal services, if any. If a positive decision is made, the judge will oblige the plaintiff to pay the debt in the share assigned to him.

What do the lawyers say?

After the adoption of the new Housing Code of the Russian Federation, some experienced lawyers sided with citizens who are trying to split the bills for an apartment. Basically, they began to refer to the contradiction with certain articles of the Constitution of the Russian Federation, although practice proves that such arguments are ineffective in such proceedings.

So, is it possible to financially divide a personal account in municipal housing?

There really is no point in splitting the bill if relatives live in a municipal apartment. Such claims, as a rule, are not satisfied. But if two former spouses live in the same living space or one of the children starts his own family, then renewing the rental agreement makes sense.

Underwater rocks

Citizens may encounter various problems when processing documents.
The most common are:

In the title of the claim, it is recommended to write not the section of the personal account, but the payment procedure and the allocation of the total share of payment. In the first case, the application may not be accepted, since such a concept does not exist for a municipal apartment.
Filing a claim often causes difficulties for people who do not have legal knowledge. Law firms usually have ready-made document templates, so turning to professionals can make the task much easier and increase the chances of a positive outcome of the case.
A citizen who fails to pay housing and communal services payments on time may be forcibly evicted from a municipal apartment. The basis for this is at least 3 months of delay. If the employer has a difficult financial situation or another valid reason, he can apply to the management company or court to restructure the debt.

Account splitting

There is a possibility of splitting the bill; remember that it would be a good idea to contact a lawyer and ask for specific assistance. Practice shows that judicial authorities are guided by the norms of civil and housing codes.

As a result, the decision can be either positive or negative, so the help of a lawyer will not hurt you. It is quite possible to divide a non-privatized apartment into different accounts through the court. You can also privatize the apartment in advance and split the bills only after that.

If we consider privatization, then all people who live in the apartment should participate in it.

Adults can renounce their share, but minors and incompetent citizens do not have this right. This helps protect them from possible infringement of their rights. During the privatization process, they will be allocated an equal share, the same as other family members.

There is also the opportunity to write an application to the ERC. To confirm, you will need to provide an agreement from family members to make payments, and it must be notarized. It is important to understand that in this situation the IRC has every right to refuse; the refusal must be provided in writing.

The employer can address this refusal to the judicial authorities and seek a positive decision. If the court rules, then you will need to contact the ERC again with the court’s decision.

How is the process carried out through the court?

Most often, the plaintiff complains that he is tired of having to pay individually for everyone living in the apartment and categorically not wanting to be responsible for anything. In other words, we are talking about changing the rental agreement.

And here there are actually two ways:

contact the Unified Information and Settlement Center with a request to split the bills, then calmly pay only for yourself;
trial.

Let's study a sensitive issue for many - how to repay a debt if there is no receipt? We also discuss our opinions in the comments. How to get a duplicate of a death certificate - https://pravoin.com/grazhdanskoe-pravo/osobennosti/dublikat-svidetelstva-o-smerti-kak-poluchit.html. What should you consider before starting a long procedure?

Officials sometimes become imbued with the problems of the person who approaches them and split the bills. But, to be fair, this rarely happens.

Much more often, the management company refuses to accommodate the person who is being bullied by his family (the plaintiff can be both the employer himself and former members of his family), and therefore the issue has to be resolved in court.

Why is this happening? Again, this is a matter of disagreement over the interpretation of legislation.

Until 2005, experts relied on the then existing Housing Code of the RSFSR (Article 86), according to which any adult and capable citizen had the right to declare changes to the apartment rental agreement and they met him halfway.

The Housing Code of the Russian Federation currently in force does not regulate this issue in any way. And housing and communal services can either agree to help the victim of dishonest household members or refuse.

It must be said that judicial practice in such cases is ambiguous and the servants of Themis rarely satisfy claims.

Even among professional lawyers there is still no consensus on whether it is possible to divide a personal account in a municipal estate or whether it is not worth even trying. Therefore, if you find yourself in such a situation, do not spare money on a qualified lawyer specializing in housing issues.

He will tell you what to do and help you avoid pitfalls in court. Namely:

whether you have the right to demand such separation;
does your apartment meet the requirements;
obtain written consent from everyone registered on your square meters;
if the Office of the Department of Housing Policy and Housing Fund does not want to divide your account into any way, ask them for a written refusal with justification. This document will later be useful to you in court if you still intend to fight to the end;
going to court;
execution of a court decision (a copy is provided to the Department of Housing and Housing in your area, after which changes are made to the rental agreement).

If the court nevertheless decides to conclude a new tenancy agreement, each resident will receive a separate bill from that moment on. But it should be remembered that no one has canceled the costs of maintaining the premises - this aspect of the issue will also have to be negotiated somehow.

How is compensation for health damage for a military injury carried out? What documents need to be collected to satisfy the claim? We’ll find out where to start the divorce process in our new article by going here.

Next, we will read information about how much percentage of alimony will be for two children.

Going to court

When people live in government premises and they cannot agree on who should pay for utilities and how much, they need to do the following. It is necessary to file a claim for the allocation of a share and the payment procedure. If you file a claim on how to divide bills in a non-privatized apartment, it will not be accepted.

First of all, you need to fill out the application correctly. You can obtain forms from various law firms. If necessary, you can use their services; they will help you draw up your application correctly. It is also necessary to add to it the passports of everyone who lives in a particular municipal apartment, and a social tenancy agreement.

By law

If the apartment is municipal, then from the point of view of the law, for the procedure for dividing the account, it is necessary to draw up new agreements. It is important to know that financial division of the account can be requested by any adult and capable person, as well as a person who has a residence permit for the given living space.

Opinions differ regarding the division of utility bills in public housing. From a legal point of view, there are two options:

Splitting the account is not permitted.
Splitting the bill is possible according to the old Housing Code of the Russian Federation.

In theory, in this situation, the problem must be resolved through the court, but it cannot always satisfy such claims. The judge has the legal right to refuse the claim.

Splitting the bill will be meaningless if only relatives live in municipal housing. Such claims are generally not satisfied. It’s another matter if the former spouses continue to live together in the apartment, then you can renegotiate the lease agreement.

Division of personal account through the court

The application is submitted on behalf of one of the tenants to the district court at the location of the property. The remaining residents and the municipality are defendants.

The document should set out:

reason for application - divorce and separate housekeeping, refusal of one of the residents to pay rent;
The essence of the claim is to oblige the balance holder of the real estate to split the accounts.

Attached to the claim are copies of documents for the property and the right to use it, the EIRC’s refusal to partition, an extract from the personal account, and a certificate of absence of debt for housing and communal services. If there are debts on the apartment, they should be paid off before the separation process begins.

Practical observations

Even if the family is quite friendly, quarrels can occur within it. Misunderstandings can even occur because one family member uses more water than others. There are often situations when one person in a family does not have money to pay utility bills.

In this case, the burden of responsibility will fall on the shoulders of the rest of the family members. Practice shows that positive solutions in such cases are possible. Most often, such quarrels are resolved in large cities, for example, in the capital.

But again, different families must live in the apartment for a positive decision. Smaller cities have a higher failure rate.

If you decide to turn to the judicial authorities with a similar issue, then the best solution would be to talk to a lawyer. If you use professional help, the chances of a positive decision increase significantly.

From a jurisdictional point of view

Often, when dividing a personal account, there is a confusion of concepts:

In municipal housing, only renewing the tenancy agreement is allowed.
The court itself is not directly involved in dividing the account and payment documents. He can only oblige the HOA or other management company to draw up a new agreement.
If there is arrears in rent, dividing the bill does not cancel it. When drawing up a new lease agreement, this debt will be divided equally.
If the court satisfied the requirement to conclude a new contract, then the communal apartment itself will be divided automatically, for example, a contribution for major repairs. Such lines are also subject to division through the management company based on a court decision.
The final result when filing a claim in court depends on many circumstances, including the area in which the case is being considered.

What are the criteria for dividing into shares?

In most cases, the court makes the same decisions in standard cases of this type. If two people live in a residential building, then each of them will pay the bills for half of the apartment. If, for example, one person lives with a child, then he will have to pay more than half of all bills.

But the apartment can also be one-room. What to do in this case? The same as in a two-room apartment: each of the residents can be allocated his share of paying for utilities, and then everyone will be able to pay only for themselves. The amount of payment can also be determined by the judge. However, do not forget that there is still only one personal account.

Options

How can you split the account if the apartment is municipal? There are such ways. It is much easier to carry out this procedure if two or more families live in the same apartment at the same time. There are two options:

The simplest way is to privatize the living space. This will help avoid many problems and litigation, and the municipal housing itself will become property.
If the previous option is not suitable for residents, then you can visit the local Unified Settlement Center with a request to divide payments for housing and communal services between them. To do this, you must have documents certified by a notary from all persons registered in this living space, stating that they are not against such a decision.

If you receive a refusal, you can go to court, however, this will not provide a complete guarantee of the division of payment costs.

Responsibility for late payment of housing and communal services

The Housing Code requires the owner or tenant of housing to pay for housing and communal services every month by the 10th. If payment is late by more than a month, for each day of delay the tenant is charged a penalty in the amount of 1/300 of the Central Bank refinancing rate.

Note!

If the debt accumulates for more than 90 days, the penalty will be calculated at 1/130 of the CBR rate per day. With such a long-term non-receipt of payments, the enterprise provider of services and resources has the right to limit the defaulter’s access to them.

For residents of a municipal apartment, a possible sanction for late or incomplete payment of accommodation and utilities is forced termination of the tenancy agreement. According to Article 91.10 of the Housing Code of the Russian Federation, the landlord has the right to go to court to terminate the contract and evict an irresponsible tenant if he:

accumulates debt in the amount of more than three average monthly payments;
will allow interruptions in payments more than six times a year.

Collection of documents

After submitting the application to the office employee, you need to collect the documents that will be needed when dividing your personal account.

The following documents will be required for the court hearing:

The original extract from the house register, which can be obtained from the management company or HOA.
A copy of the personal account.
Copies of documents certified by a notary confirming that several families live in the same living space. Such documents include a certificate of divorce, a certificate of marriage of children, etc. It is such documents that are important when making a decision.
Certificate from BTI.
An application, as well as a payment order or receipt for payment of the state duty.