Can the IRS take your refund for credit card debt?

Asked by: Alexie O'Connell Sr.  |  Last update: January 14, 2026
Score: 4.4/5 (31 votes)

Credit card debt will not prevent you from receiving your tax refund, but it can affect how much of a refund you receive if you had a debt settlement. If you think you may owe taxes due to a debt settlement, start planning now so that you can save for what you will owe.

Can the IRS take my tax refund for credit card debt?

Treasury Offset Program

The TOP is the only way your refund can be garnished; private creditors such as credit card companies don't have access to your tax refund. Moreover, only certain types of government debts are eligible for TOP. These include: past-due court-ordered child support payments.

Can credit card debt garnish a tax refund?

As I said, private creditors and collection agencies are not able to go to the IRS and have them turnover our tax refund. However, once your refund is paid to you and deposited in your bank account either electronically or manually, the money can be garnished. The creditor will take the full amount owed.

What debts can offset my tax refund?

Past-due child support; Federal agency nontax debts; State income tax obligations; or. Certain unemployment compensation debts owed to a state (generally, these are debts for (1) compensation paid due to fraud, or (2) contributions owing to a state fund that weren't paid).

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

You can contact the agency with which you have a debt to determine if the debt was submitted for refund offset by calling the Bureau of the Fiscal Service at 800-304-3107 (or TTY/TDD 800-877-8339), Monday through Friday 7:30 a.m. to 5 p.m. CST.

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

29 related questions found

How do you stop the IRS from taking your refund?

If you have an objection to the debt, you have the right to request a review of your objection. If you're successful, your tax refund and other federal payments will not be offset, or the amount being offset may be reduced.

What is a hardship refund?

Overall, an IRS Hardship Refund Request serves as a mechanism for taxpayers experiencing severe financial hardship to seek relief from the burden of withheld funds and address immediate financial needs.

Will the IRS take my refund if I owe?

If you owe back taxes, the IRS will take all your refunds to pay your tax bill, until it's paid off. The IRS will take your refund even if you're in a payment plan (called an installment agreement).

What IRS form cancels debt?

Form 1099-C. Lenders or creditors are required to issue Form 1099-C, Cancellation of Debt, if they cancel a debt owed to them of $600 or more. Generally, an individual taxpayer must include all canceled amounts (even if less than $600) on the "Other Income" line of Form 1040.

Does debt affect your tax return?

Credit card debt will not prevent you from receiving your tax refund, but it can affect how much of a refund you receive if you had a debt settlement. If you think you may owe taxes due to a debt settlement, start planning now so that you can save for what you will owe.

Can credit card debt be garnished?

Wage garnishment is a potential consequence of not paying credit card debt, where part of each paycheck is taken to pay off the debt. Federal law limits the amount that can be garnished from each paycheck, but some states have stricter limitations.

Why did the IRS take my federal refund?

If you owe money to a federal or state agency, the federal government may use part or all of your federal tax refund to repay the debt. This is called a tax refund offset. If your tax refund is lower than you calculated, it may be due to a tax refund offset for an unpaid debt such as child support.

Is there a tax break for credit card debt?

Credit card interest is not tax-deductible for personal expenses. The government stopped allowing a tax deduction for credit card interest in the 1980s. Interest on student loans, mortgages, home equity loans, and business expenses are still tax-deductible.

Can a debt collector take my tax refund?

Private creditors usually cannot intercept a tax refund before it reaches someone. However, creditors could access the funds deposited if they have a judgment and a writ of levy.

What is the 810 refund freeze?

Webthe 810 refund freeze, also known as the tc 810 hold, is a temporary delay of your tax refund. The 810 code is placed on your transcript by the irs to halt release of your. Webthe 810 freeze overrides refund codes like 846 to prevent release of funds.

What can the IRS take from you?

It can garnish wages, take money in your bank or other financial account, seize and sell your vehicle(s), real estate and other personal property. If you receive an IRS bill titled Final Notice of Intent to Levy and Notice of Your Right to A Hearing, contact us right away.

Can I ask the IRS to forgive my debt?

The IRS ultimately determines whether you qualify for debt forgiveness. However, the agency generally considers taxpayers who meet these criteria: a total tax debt balance of $50,000 or less, and a total income below $100,000 for individuals (or $200,000 for married couples). Need to talk to a tax relief specialist?

How badly does a 1099-C affect my taxes?

This can lower or even remove the tax burden on canceled debt, depending on how much you owe compared to what you own. For example, if $5,000 of your debt has been cancelled, and your total liabilities are $3,000 more than your assets, only $2,000 of the cancelled debt is taxable.

How to cancel credit card debt?

Filing for Chapter 7 bankruptcy wipes out unsecured debt such as credit cards, while Chapter 13 bankruptcy lets you restructure debts into a payment plan over three to five years and may be best if you have assets you want to retain.

How do I stop the IRS from taking my refund?

How Do I Stop the IRS From Taking My Refund? Your best chance is to ensure that you make payments on the six types of debt for which the BFS will hold a refund. Notify the IRS, then contact the BFS and talk to a debt analyst if you can't do this.

Who is eligible for the IRS hardship program?

The IRS may agree that you have a financial hardship (economic hardship) if you can show that you cannot pay or can barely pay your basic living expenses. For the IRS to determine you are in a hardship situation, the IRS will use its collection financial standards to determine allowable basic living expenses.

Will the IRS take my state refund if I owe them money?

Maybe. Under the State Income Tax Levy Program, the IRS can levy (take) your state tax refund to offset back taxes, addressing any tax debt you might owe. If this happens, the state will give you notice of the levy. The IRS will also give a notice, after the levy, offering you the opportunity to appeal the debt offset.

Can you sue the IRS for holding your refund?

Generally, if you fully paid the tax and the IRS denies your tax refund claim, or if the IRS takes no action on the claim within six months, then you may file a refund suit. You can file a suit in a United States District Court or the United States Court of Federal Claims.

How to prove financial hardship to the IRS?

To prove your tax hardship to the IRS, you will need to submit information about your financial situation to the federal government in a hardship request. This is done using Form 433A/433F (for individuals or self-employed) or Form 433B (for qualifying corporations or partnerships).

What is a grant refund?

What's a Pell Grant refund? Once the fall and spring semesters are complete, you might still have money left over from your Pell Grant that didn't get applied toward your college expenses. If that's the case, your school may issue you a refund of the remaining balance.