Can the IRS take my husband's tax refund for my student loans?

Asked by: Lacy Rutherford V  |  Last update: September 10, 2023
Score: 4.7/5 (5 votes)

If you're married and you file taxes jointly, the IRS may take your entire tax refund regardless of whether your spouse has any student loan debt

student loan debt
According to the Federal Reserve Bank of New York, outstanding student loan debt in the United States lies between $902 Billion and $1 Trillion with around $864 Billion in Federal student loan debt.
https://en.wikipedia.org › wiki › Student_debt
of their own. However, it may be possible to get your spouse's portion of the refund returned to them if you file an injured spouse claim form (IRS form 8379).

Can the IRS take my refund if my husband owes student loans?

Unfortunately, filing taxes jointly with your husband means that both your tax refunds could be garnished. As you know, defaulting on federal student loans can lead to the garnishment of your wages and tax refund. If your student loans are in default, the IRS could intercept your returns to collect.

Can my spouse be held liable for my student loans?

If you cosigned on your spouse's student loans at any time, whether they're federal loans, private loans, or refinanced loans, that means you are legally liable for those student loans.

How do I know if the IRS will take my refund for student loans?

The IRS provides a toll-free number, (800) 304-3107, to call for information about tax offsets. You can call this number, go through the automated prompts, and see if you have any offsets pending on your social security number.

Can student loans take a joint tax return?

We will generally do the following: Use your joint income for an income-driven repayment (IDR) plan if you and your spouse file a joint tax return. Use only your income if you file taxes separately from your spouse. Reduce your payments to account for your spouse's student loan debt if you file taxes jointly.

VERIFY: Will the IRS take your tax refund if you owe federal student loans?

40 related questions found

Is my husband responsible for my student loans?

Debt you bring into a marriage typically remains your own, but loans taken out while married can be subject to state property rules in divorce. And if one spouse co-signs the other's private student loan, he or she is legally bound to the loan unless you can obtain a co-signer release from the lender.

Will IRS take refund for student loans 2021?

However, the government halted all student loan collections on federal student loans at the start of the pandemic, and the relief currently lasts through May 1, 2022. This means that your tax return won't be taken to offset your outstanding federal student loan balance for the 2021 tax season.

How do I stop student loans from taking my tax refund?

To garnish—i.e., take—your tax refund, lenders have to go through the Treasury Offset Program (TOP). Before making a decision, TOP reviews the lender's request to determine if it's legitimate. If you do appear to owe the lender money, TOP diverts all or part of your refund to cover the debt.

How Much Can IRS take for student loans?

It includes both required and voluntarily pre-paid interest payments. You may deduct the lesser of $2,500 or the amount of interest you actually paid during the year.

Will student loans take my taxes 2022?

‍The Treasury Offset Program isn't suspended, but the IRS will wait until November 2022, before it offsets tax refunds for student loan debt owed to the Department of Education. If your money is taken for unpaid taxes, child-support, etc., you can try to get it back by requesting a tax refund offset reversal.

Can student loans garnish your spouse's wages?

The answer is yes. Your student loan creditors can garnish your spouse's wages to recover the amount of your defaulted student loan. You don't mention whether the loan was incurred before or after marriage.

Is spouse responsible for student loans incurred after marriage?

Marriage does not make you responsible for student loan debt your spouse incurred before you tied the knot. Each spouse remains responsible for the debt they borrowed to pay for school. Even if you live in a community property state, premarital debt is considered separate property.

What happens when you marry someone with student loan debt?

Marriage won't automatically merge you and your partner's credit histories. Thus, marrying someone with student loan debt can't hurt your credit score. If the loan is co-signed, however, you share the repayment responsibility and any failure to make installments on time can hurt your credit score.

What is the IRS innocent spouse rule?

By requesting innocent spouse relief, you can be relieved of responsibility for paying tax, interest, and penalties if your spouse (or former spouse) improperly reported items or omitted items on your tax return.

Can my spouse take my tax refund?

Listed below are a few examples of such tax issues. Most divorce settlements will provide that for each year of marriage, both spouses are jointly responsible for the couple's federal income tax liability. Both spouses are also entitled to half of any income tax refund for any year of marriage.

What are the four types of innocent spouse relief?

In some cases, however, a spouse can get relief from being jointly and severally liable.
  • Types of Relief. ...
  • Innocent Spouse Relief. ...
  • Separation of Liability Relief. ...
  • Equitable Relief. ...
  • Form to File. ...
  • Community Property States. ...
  • Injured Spouse vs. ...
  • Levy and Other Actions Prohibited and the IRS's Time to Collect is Suspended.

Do student loans go away after 7 years?

Do student loans go away after 7 years? Student loans don't go away after seven years. There is no program for loan forgiveness or cancellation after seven years. But if you recently checked your credit report and are wondering, "why did my student loans disappear?" The answer is that you have defaulted student loans.

Can they take all your taxes for student loans?

If you have federal student loans in default, your loan holder can garnish your federal tax refund. This means that when you file your taxes, the federal government can take your refund and apply it toward your federal student loan debt. Private student loan lenders can't garnish your tax refund.

How long before student loans are written off?

Defaulted federal student loans either fall off seven years after the date of default, or seven years after the date the loan was transferred from the Federal Family Education Loan Program (FFEL) to the Department of Education.

Will I get my 2020 tax return if I owe student loans?

If you already fully repaid the debt, you should receive your entire refund back. If the amount listed on your offset notice is incorrect, you may receive some money back depending on how much you still owe. Provide copies of checks or money orders used for payment, as well as receipts for payments made.

Is the Department of Education taking tax refund 2020?

The U.S. Department of Education has suspended the seizure of tax refunds, Social Security and other government payments to satisfy defaulted student loans until November, the agency said. About 9 million people have a federal student loan in default, which means they've fallen at least 270 days behind on payments.

Who can garnish federal tax refunds?

There are several agencies that can garnish your federal tax refund. They include student loan agencies, child support agencies, unemployment offices and the IRS itself.

Will IRS offset my refund 2021?

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.

Can the IRS take your child tax credit for student loans?

Refunds from the child tax credit will not be garnished for student loan debt. Last week, the U.S. Department of Education confirmed that borrowers who have past-due student loan debt will not have their child tax credit seized when filing taxes for 2021.

How do I know if my student loans are federal?

Check the Federal Student Aid site

Studentaid.gov contains information on all federal student loans. It's the easiest way to determine if your loans are federal and get any loan information you may need. If you don't see your loan information on studentaid.gov, you don't have a federal student loan.