Will the IRS take my refund if I have a hardship?

Asked by: Jevon Konopelski  |  Last update: May 24, 2025
Score: 4.4/5 (29 votes)

If you have a federal tax liability, do not owe money to another federal or state agency, and are experiencing a significant economic hardship, the IRS may forego the refund offset and issue the refund under OBR procedures. The IRS can only forego amounts that would have been offset to a federal tax debt.

What qualifies as a hardship with the IRS?

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 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 to get a tax refund?

If you are facing financial hardship, can't buy medicine, can't pay mortgage or rent and received an eviction notice, or can't pay utilities and got a shut-off notice, and you need your refund sooner, the IRS may be able to expedite the refund.

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

BFS will send you a notice if an offset occurs. The notice will reflect the original refund amount, your offset amount, the agency receiving the payment, and the address and telephone number of the agency. BFS will notify the IRS of the amount taken from your refund once your refund date has passed.

Former IRS Agent Reveals How To Get Your Refund Back From IRS Should U B Going through a Hardship

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How do I know if my IRS refund is taken?

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. The tool also provides a personalized refund date after the return is processed and a refund is approved. Taxpayers can access the Where's My Refund?

How do I avoid IRS offset?

You must pay your benefit overpayment in full within 60 days of the date on the Notice of Intent to Offset Your Federal Income Tax Return (DE 957) to avoid having your refund offset (reduced or withheld). Visit Benefit Overpayment Services to log in or make a payment.

What qualifies as a hardship?

I need emergency funds

Removing funds from your 401(k) before you retire because of an immediate and heavy financial need is called a hardship withdrawal. People do this for many reasons, including: Unexpected medical expenses or treatments that are not covered by insurance.

How long does IRS hardship take?

How long do hardship withdrawal requests take? Once you submit your hardship withdrawal application, it will be reviewed. Generally this takes less than a day. However, if there are any questions about your application, additional review time may be needed.

Does a hardship withdrawal affect taxes?

You must pay income tax on any previously untaxed money you receive as a hardship distribution. You may also have to pay an additional 10% tax, unless you're age 59½ or older or qualify for another exception. You may not be able to contribute to your account for six months after you receive the hardship distribution.

Can the IRS take my entire refund?

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).

Who can garnish your 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.

How long do you have to pay what you owe in taxes?

Generally, the IRS starts by offering you up to six years to pay, but if you cannot afford the minimum payments on a 72-month payment plan, you can stretch out your payments to the collection statute expiration date (CSED). The CSED is 10 years after the tax assessment.

What is proof of hardship?

Acceptable Documentation

Lost Employment. • Unemployment Compensation Statement. (Note: this satisfies the proof of income requirement as well.) • Termination/Furlough letter from Employer. • Pay stub from previous employer with.

What is the IRS one time forgiveness?

First Time Abate relief and unpaid tax

Example: You didn't fully pay your taxes in 2021 and got a notice with the balance due and penalty charges. You call us requesting penalty relief and we give you First Time Abate. We remove the penalty up to the date of your request.

What proof is needed for a hardship withdrawal?

What Proof Do You Need for a Hardship Withdrawal? You must provide adequate documentation as proof of your hardship withdrawal. 2 Depending on the circumstance, this can include invoices from a funeral home or university, insurance or hospital bills, bank statements, and escrow payments.

How do I prove a 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).

How can 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.

How do I know if my refund will be offset?

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.

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.

What are conditions of hardship?

The decision maker only considers you to be in hardship if: You cannot meet your immediate and most basic essential needs or those of a child you are responsible for. For example: accommodation, heating, food and hygiene.

How can I prove extreme hardship?

Letters from medical professionals, as evidence of physical and/or emotional conditions that will lead to extreme hardship to the U.S. relative. Copies of tax returns and/or pay statements as evidence of your household income. Copies of statements showing any debts that need to be settled in the United States.

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

Your tax return may show you're due a refund from the IRS. However, if you owe a federal tax debt from a prior tax year, or 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.

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.

Can the IRS take money from my bank account without notice?

The IRS can't take money from your bank account without notice, but it can levy your bank account after following a specific process involving multiple notices. The IRS sends a Notice of Intent to Levy before taking money from your account or garnishing your wages.