For certain outstanding debts -- including past-due child support and unpaid student loans -- the IRS can withhold some or all of your unpaid stimulus payment issued as a Recovery Rebate Credit when you file your taxes.
The government is sending stimulus checks to many Americans to help ease the financial strain of the coronavirus pandemic. Unfortunately, the recovery rebate checks may be seized to repay defaulted student loans in some circumstances. Learn how to protect your stimulus benefit payments.
New $1,400 stimulus checks are aimed at helping millions of Americans weather the financial difficulties from the Covid-19 pandemic. Yet the legislation that authorized those payments has one big caveat: The funds could be garnished for overdue unpaid debts.
Delinquent Loan Debt: Yes
The same is true for any type of loan or other delinquent debt. If the creditor has gone through the process of suing you and has obtained a judgment, they can move on to levy your accounts. That means any stimulus money deposited into those accounts may be subject to garnishment.
The COVID-19 relief bill pauses collections efforts on federal student loans. It also stops collections, wage garnishment, and seizure of tax refunds retroactive to March 13, 2020. Importantly, this includes defaulted FFEL borrowers who didn't have access to stimulus package student loan benefits until March 2021.
The bottom line. The student loan tax offset has been suspended through Nov. 1, 2022. If you have federal student loans in default, your 2021 tax return won't be taken to offset your defaulted loan balance if you file your 2021 tax return by the filing deadline.
No, there is no coronavirus-related loan forgiveness for federal student loans. The Department of Education and your loan servicer should be your trusted sources of information about official loan forgiveness options.
Yes, rules under the third stimulus check allow garnishment for private debts, such as consumer debt and other private debt. However, outstanding tax debt and child support are protected from garnishment.
Yes, your third check might be seized to pay certain debts. Here's why. Under the bill governing the second stimulus check, your funds could not be garnished to pay debts like child support, banks or private creditors.
Was my third-round Economic Impact Payment subject to garnishment? (added May 17, 2021) Yes. The third round of stimulus payments provided under the American Rescue Plan Act were not exempt from garnishment by non-federal creditors under federal law.
But this current round is different, and unfortunately, stimulus recipients are not protected from having their funds garnished. If a creditor is able to secure a judgment against a stimulus recipient, that creditor can go after those funds to fulfill an existing debt.
What do I do if I didn't get my stimulus checks? In 2022, you can visit GetYourRefund.org to claim any stimulus checks you haven't gotten. You will need to file a 2020 tax return to get the first and second stimulus checks and a 2021 tax return to get the third stimulus check.
The IRS is not going to use your stimulus check to offset what you owe the government. You won't be denied a stimulus check just because you're behind on your tax bills. If you choose to, you can always use your stimulus check to pay down tax debts.
You also won't be required to repay any stimulus check payment when filing your 2021 tax return — even if your third stimulus check is greater than your 2021 credit. If your third stimulus check is less than your 2021 credit, you'll get the difference when you file your 2021 return next year.
Amount and Status of Your Third Payment
You can no longer use the Get My Payment application to check your payment status. To find the amount of the third payment, create or view your online account or refer to IRS Notice 1444-C, which we mailed after sending your payment.
The American Rescue Plan Act of 2021, signed into law on March 11, 2021, authorized a third round of Economic Impact Payments and required them to be issued by December 31, 2021. The IRS began issuing these payments on March 12, 2021 and continued through the end of the year.
With some rare exceptions, private lenders, creditors, and debt collectors — including holders of private student loans, credit cards, and medical debt — cannot forcibly take someone's money or property without first suing them in court and obtaining a judgment against them.
The funds in the third round of stimulus checks are intended to stimulate the economy and are not subject to child support garnishment. In other words, if you or your spouse owe child support, the stimulus check cannot be garnished or confiscated in order to pay the debt.
“Most likely, the student loan moratorium will be extended until sometime next year.” All that being said, no official announcement on an extension has been made. Most recently, the Education Department's Under Secretary, James Kvaal, said in an interview that payments were still expected to restart after August.
U.S. Secretary of Education Miguel Cardona says the student loan payment pause could be extended beyond August 31, 2022. Here's what you need to know — and what it means for your student loans.
Debt collection is suspended for borrowers who have defaulted on federal student loan debt through August 31, 2022. This means collectors will not take action to collect payment like deducting from tax refunds or garnishing wages.
You must have federal student loans in default to have your tax refund garnished. Federal student loans enter default after 270 days of past-due payments. Private student loans in default aren't eligible for tax refund garnishment.
Beginning with offers accepted on or after November 1, 2021, the IRS generally will not offset refunds to tax periods included on the offer after the offer acceptance date. For example, the taxpayer has an offer accepted on November 15, 2021. They file their 2021 tax return on April 15, 2022 showing a refund.
By law, your second and third stimulus checks cannot be reduced to pay your or your spouse's past due child support. Your second and third stimulus checks will not be offset for any Federal or state debts. However, only your second stimulus check is protected from private debtors and creditors.