4 Ways the IRS Can Seize Your Tax Refund

Oct 20, 2023 By Triston Martin

The IRS may have taken it this year for those who haven't received their federal income tax return. The U.S. Department of Treasury, which issues tax refunds, also has the right to withhold all or part of a refund to pay back your debts. The agency's Bureau of the Fiscal Service is responsible for this. It's called an "offset" in bureaucratic speak.

Tax authorities have a variety of grounds for withholding your refunds. Find out what they are and how to stop them right now.

1. Past-Due Child Support

You may know that the state can take money from your paychecks to pay back child support. Additionally, the Department of Health and Human Services receives the names and Social Security numbers of those who are delinquent on child support payments from state child support organizations.

This notification from the Office of Child Support Enforcement may be sent to parents who are delinquent on child support payments and outline the federal government's options for collecting their debt. Information on how to challenge your debt amount is also included in the notice.

When your child turns 18, it's easy to forget about your responsibilities as a parent. Even if your child no longer qualifies for child support, the agency can still seize your returns if you owe back child support.

2. Nontax Federal Debts

When a person owes money to other government entities, TOP has the authority to seize the funds to pay these debts. Any outstanding federal student loans, HUD loans, or fines or penalties owed to other federal agencies are included.

3. Money Owed to a State Unemployment Compensation Fund

A claim for your TOP return might also be made through the state unemployment insurance funds. For the most part, this is caused by one of two things:

  • You ran a business but failed to pay required unemployment taxes.
  • You haven't repaid false unemployment or accidental benefits you obtained while working.

4. Other State Debts

For example, states can use TOP to collect various kinds of debts. One of the most significant is owing to the Supplemental Nutrition Assistance Program (SNAP) of a particular state (SNAP). The U.S. Department of Agriculture receives states' due SNAP debt reports, which it then forwards to TOP. Other governmental agencies can also use TOP to recover debts. However, this is not the case in all states.

Ways to Protect Your Refund

You should pay off any federal or state government debts to keep your return. Refunds can be safeguarded in three ways if that is not an option.

1. File Separately

Even if your husband owes the IRS money, the IRS can still seize your half of the refund if you file a joint tax return. You won't have to worry about it if you file as married but separately. The only refund that could be seized is the one for your spouse.

2. Reduce Your Withholding

Big tax refunds aren't a sound financial strategy. Put it another way, and it's a loan to the federal government with no interest. Adjust your withholding instead of relying on a refund you may not receive to pay down your debts.

The IRS provides an online tax calculator to ensure that you pay the correct amount of taxes. Give your employer a new Form W-4 once you've used the calculator to request an adjustment to your withholding.

Just be careful not to cut back too much on your withholding. Your predicament only worsens if you pay a large tax bill to the IRS next year because of a lack of tax withholding.

3. File an Injured Spouse Claim

Form 8379, Injured Spouse Allocation, might help you avoid confiscating your portion of a joint return if your spouse owes taxes. As stated, the IRS will use this document to prove you have paid your fair amount of taxes.

In order to be eligible for this credit program, you should have your income or returnable tax credits for the tax year in question; second, you must have made income taxes or had taxes deducted from your joint salary; and third, you must be eligible for a refund of at least a portion of those taxes.

It is important not to confuse a claim for compensation for an injured spouse with the protection afforded to the family member of someone who owes interest, tax,or penalties because of an incorrectly filed tax return.

Final Word

Before your return may be processed, all reasons for tax refund seizure must be addressed at the federal level. Asking the IRS to transfer your refund to another bank account or place it on a tax refund debit card would not help you get it.

Be aware of the ramifications of unpaid tax bills, missed child support payments, bankruptcy, or other defaulted debts if you are in a financial bind. Determine if your account has been submitted to the Treasury Offset Program by speaking with the federal or state entity in charge of its collection.

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