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New Member
posted Jun 3, 2019 11:20:53 AM

Does the irs ALWAYS take your whole refund due to an offset from a student loan?

My debt due to a student loan is larger than what my refund is. Does that mean they will take my whole refund or could I possibly still recieve some of my refund?

0 16 3565
16 Replies
New Member
Jun 3, 2019 11:20:55 AM

Sad to say but yes, if the amount owed is more than your total refund yes they will take your entire refund to cover some of what you owe. Most people get on a payment arrangement before I long taxes so that way they won't take your money.

New Member
Jun 3, 2019 11:20:56 AM

Yes.  I had this happen to me a number of years ago.  I owed approximately 5k and my refund was near 3.5k.   I got nothing back that year.  While they continued to call me for the rest of the money. 

New Member
Jun 3, 2019 11:20:57 AM

I just read on another question on here they only take 15% of your refund. Is this true?

Level 15
Jun 3, 2019 11:20:58 AM

No, that is not true. They can take the whole amount.

New Member
Jun 3, 2019 11:21:00 AM

Well I was told by the bureau of fiscal services that I have an offset that may or may not start this year. The irs says there are no indicators of offset on 2015 refund??

New Member
Jun 3, 2019 11:21:02 AM

I know I have an offset but how do I know if it will go through this year?

New Member
Jun 3, 2019 11:21:03 AM

That's what I'm wondering. Shouldn't the irs know by now?

New Member
Jun 3, 2019 11:21:04 AM

Okay so did someone tell you even if you are on the offset list it may not go through immediately?

New Member
Jun 3, 2019 11:21:05 AM

No, I can't get a straight answer to that, but everyone has said "you taxes MAY be" or "COULD be". I never received a letter from dept of ed, I was given a number by a friend to call and check

Level 3
Jun 3, 2019 11:21:06 AM

They will take it all. Happened to me last year. If the irs said they hav no indicator for 2015 maybe they will wait till next year. Which if thats the case get on a payment program with your school loan holder asap so u wont be in offset next year. The TOPS are the dept that you call to find out if you hav an offset and they say they send the who owes info to the irs weekly.

Level 15
Jun 3, 2019 11:21:07 AM

From Pub 17 "
Offset against debts. If you are due a refund
but have not paid certain amounts you owe, all
or part of your refund may be used to pay all or
part of the past-due amount. ... You will be
notified if the refund you claimed has been offset
against your debts."

No clue given as to what the rules might be. It probably means if you have more than one debt it gets divided somehow.

Level 3
Jun 3, 2019 11:21:09 AM

They send u the letter after they take it. Did u get ur return yet? Or offset yet?

New Member
Nov 10, 2020 4:06:47 PM

This is a different but part of the question. 

I own a judgment and loan money, they won, part of it is taking my refund. 

Question: what if I choose to apply/add refund amount to next year when I file the return(eg refund amount 2020 is 500, add 500 to 2021, making 2020 amount 0.. 

 

Level 15
Nov 10, 2020 5:19:01 PM

Sorry that will not work although a nice idea  ... because the refund will be taken in full then you have nothing to apply to next year.  If you try that you will get an IRS letter letting you know the applied amount was disallowed.

New Member
Dec 7, 2020 6:18:02 PM

so if i have a federal refund of $5k and I get a letter that I am going to be getting a state DOR offset for the amount that I owe (i am currently making payments on but they say the offset will still happen) which is only $1,500 then do they only take that amount that is owed (and that would mean no more monthly payments i assume) or will they take all of it and say tough luck?

Level 15
Dec 7, 2020 6:21:13 PM

If they take enough to finish paying off the debt in full  then your payments will no longer be needed and the rest of the federal refund will be released to you ... this can take several weeks to process.