Who Can Take My Federal Tax Refund?

Federal law allows only state and federal government agencies (not individual or private creditors) to take your refund as payment toward a debt.

Why would they take my federal refund?

The IRS can seize some or all of your refund if you owe federal or state back taxes. It also can seize your refund if you default on child support or student loan debts. If you think a mistake has been made you can contact the IRS.

How do you know if they took your federal tax refund?

Call the FMS at 1-800-304-3107 to find out if your refund was reduced because of an offset. Call the IRS Taxpayer Advocate Service at 1-877-777-4778 (or visit www.irs.gov/advocate) if you feel your refund was reduced in error. The service is free.

What can offset my tax refund?

Your tax return may show you’re due a refund from the IRS. However, if you owe a federal tax debt from a prior tax year, or a debt to another federal agency, or certain debts under state law, the IRS may keep (offset) some or all your tax refund to pay your debt.

Can I stop the IRS from taking my refund?

Keep the IRS from taking your refund with an IRS hardship refund request. You must prove that you are facing financial hardship and need the refund for a key purpose, such as buying food for your family, paying for gas so you can get to your job, continuing your education, and so on.

Can the state take your federal refund?

Federal law allows only state and federal government agencies (not individual or private creditors) to take your refund as payment toward a debt.

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How do I know if the IRS will garnish my refund?

You can call the FMS at 1-800-304-3107 to find out if your refund was reduced because of an offset.

Who do I owe US Department of Treasury?

To obtain information on whether your tax refund or federal payment was reduced or offset, you can call 800-304-3107 and select option 1 to hear an automated message of the amount, date and creditor agency or agencies you owe the debt to.

Can the IRS garnish my refund 2021?

No. Private individuals and creditors such as credit card companies don’t have access to your federal tax refund. However, depending on the laws in your state, private creditors may be able to access your state refund. This article is up to date for tax year 2021 (returns filed in 2022).

How do I know if I have a Treasury Offset?

To determine whether an offset will occur on a debt owed (other than federal tax), contact BFS’s TOP call center at 800-304-3107 (866-297-0517 for TTY/TDD help).

Can my tax refund be offset during Covid 19?

Will TOP continue the offset of federal and state payments for federal nontax and state debts during COVID-19? During this time, TOP will continue to collect all certified delinquent federal nontax and state debts through TOP from all eligible payments.

Can a garnishment take your stimulus check?

$1,400 stimulus checks can be garnished for unpaid debts. Some states are working to prevent that. If you have unpaid private debts that are subject to a court order, your $1,400 stimulus check could be garnished.

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