Will I get my federal refund if I owe?

Asked by: Dr. Adan Marvin MD  |  Last update: April 26, 2025
Score: 4.3/5 (38 votes)

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.

Will you get a tax refund if you owe taxes?

In most cases, no. The amount they take depends on how much you owe the IRS, but if you owe the IRS, they have the power to garnish your tax refund to offset personal obligations, such as back taxes, child and spousal support obligations, student loan obligations, and more.

Will I get my state refund if I owe federal?

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.

Will the IRS come after me if I owe taxes?

If you don't pay your tax in full when you file your tax return, you'll receive a bill for the amount you owe. This bill starts the collection process, which continues until your account is satisfied or until the IRS may no longer legally collect the tax.

What kind of debt can the IRS take your refund for?

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).

If I Owe Back Taxes Can I Still Get a Refund?

38 related questions found

How to find out if your income tax refund will be garnished?

Individuals may call 800-304-3107 with questions about a delinquent debt. My spouse and I filed a joint tax return and our refund was offset for a debt that my spouse owes.

How can I stop the IRS from taking my 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.

How long does it take the IRS to process a return if you owe?

To process your refund, it usually takes: Up to 21 days for an e-filed return. 4 weeks or more for amended returns and returns sent by mail. Longer if your return needs corrections or extra review.

What is the minimum payment the IRS will accept?

The IRS minimum monthly payment is typically your total tax debt divided by 72 unless you specify a different amount. Short-term and long-term payment plans are available, depending on your debt amount and eligibility. Setting up a direct debit payment plan online is the most cost-effective option.

Does the IRS forgive your debt after 10 years?

The IRS generally has 10 years from the assessment date to collect unpaid taxes. The IRS can't extend this 10-year period unless the taxpayer agrees to extend the period as part of an installment agreement to pay tax debt or a court judgment allows the IRS to collect unpaid tax after the 10-year period.

Who can take your federal tax refund?

If you're expecting a tax refund but have concerns about creditors garnishing it, you may be worrying too much. Federal law allows only state and federal government agencies (not individual or private creditors) to take your refund as payment toward a debt.

What is a hardship for taxes?

An economic hardship occurs when we have determined the levy prevents you from meeting basic, reasonable living expenses. In order for the IRS to determine if a levy is causing hardship, the IRS will usually need you to provide financial information so be prepared to provide it when you call.

How does the IRS contact you if you owe money?

The IRS won't call, text or contact you via social media to demand immediate tax payment. We begin with a letter in the mail and explain how you can appeal or question what you owe. If you're unsure whether you owe money to the IRS, you can view your tax account information on IRS.gov. Beware of phone scams.

Will the IRS take my federal refund if I owe state taxes?

If your refund exceeds your total balance due on all outstanding tax liabilities including accruals, you'll receive a refund of the excess unless you owe certain other past-due amounts, such as state income tax, child support, a student loan, or other federal nontax obligations which are offset against any refund.

What happens if you file taxes and you owe?

File your return and pay whatever you can. The IRS will bill you for the rest. You'll owe interest on the balance, and you might owe a late payment penalty. If you owe $50,000 or less in combined taxes, interest, and penalties, you can request an installment agreement.

Does IRS automatically refund overpayments?

You get an overpayment credit when your tax payments exceed what you owe. You'll automatically receive a refund of the credit. However, you can ask us to apply the credit as an advance payment towards next year's taxes instead of sending it to you as a refund.

How long do you have to pay the IRS if you owe taxes?

The IRS will provide taxpayers up to 180 days to pay their full tax balance. Fees or cost: There's no fee to request the extension. There is a penalty of 0.5% per month on the unpaid balance.

How much will the IRS usually settle for?

How much will the IRS settle for? The IRS will often settle for what it deems you can feasibly pay. To determine this, the agency will take into account your assets (home, car, etc.), your income, your monthly expenses (rent, utilities, child care, etc.), your savings, and more.

Can you do a payment plan for federal taxes?

A payment plan is an agreement with the IRS to pay the taxes you owe within an extended timeframe. You should request a payment plan if you believe you will be able to pay your taxes in full within the extended time frame. If you qualify for a short-term payment plan you will not be liable for a user fee.

Does the IRS always take your refund if you owe?

If you owe a federal tax debt from a prior tax year, a debt to another federal agency, or certain debts under state law, the IRS may keep (offset) some or all your tax refund to pay your debt. In fact, in many situations the IRS is legally required to forward your refund to pay the debt.

How do you know if the IRS accepted your tax return?

The most convenient way to check on a tax refund is by using the Where's My Refund? tool on IRS.gov. Taxpayers can start checking their refund status within 24 hours after the IRS acknowledges receipt of the taxpayer's e-filed return.

How long can IRS go back to collect taxes?

The IRS generally has 10 years – from the date your tax was assessed – to collect the tax and any associated penalties and interest from you. This time period is called the Collection Statute Expiration Date (CSED). Your account can include multiple tax assessments, each with their own CSED.

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.

How do I know if my tax refund will be offset?

The Bureau of Fiscal Services will send you a notice if there's a refund offset. The offset notice will show: Original refund amount. Your refund offset amount.

What can stop you from getting your tax refund?

The check was held or returned due to a problem with the name or address. You elected to apply the refund toward your estimated tax liability for next year. The IRS is reviewing your tax return. Your refund was applied to a debt you owe to the IRS or another federal or state agency.