Treasury Offset Program - FAQs for The Public (2024)

FAQs

Can the Treasury Offset Program take my social security? ›

(Holding back money from a payment is call "offsetting the payment" or "administrative offset.") For example, if you have a delinquent debt for a federal loan, TOP can reduce your federal tax refund or social security benefit payment to pay that debt.

If you have questions about the offset, you can contact the Benefit Overpayment Collection Section at 1-800-676-5737, Monday through Friday, 8 a.m. to 5 p.m., Pacific time, except on state holidays. For more information about the TOP, visit Bureau of Fiscal Service, Treasury Offset Program.

A debtor who wants to avoid offset by paying the debt must pay the agency to which the debt is owed. The agency will then tell Treasury to stop the offset process for that debt.

TOP collects the money by matching information about a debtor to federal payments (such as a federal tax refund) that the law says can be used to pay the debt. If there is a match, TOP holds back the money from the payment (offsets the payment) and sends the money to the appropriate agency.

Government Pension Offset. A law that affects spouses and widows. or widowers. If you receive a retirement or disability pension from a federal, state, or local government based on your own work for which you didn't pay Social Security taxes, we may reduce your Social Security spouses or widows or widowers benefits.

Before a debt collector can take Social Security or VA benefits, they must sue you and win a judgment against you for the amount you owe. Then, the debt collector must get a court order that tells your bank or credit union to turn over money from your account or prepaid card.

Offset letter

The letter explains that we plan to notify BFS of the debt if you do not pay in full within 60 days. BFS will send you a letter explaining why your federal refund was reduced and that it may take several weeks before the federal refund reaches FTB.

The intent to offset notice is a letter that the IRS sends out to taxpayers when the agency plans to keep their tax refunds and apply them to outstanding debts. You may also receive a notice of intent to offset if the government decides to take seize a federal payment due to unpaid liabilities.

The IRS may, for example, choose not to offset an overpayment against an outstanding federal tax refund because of undue hardship. However, the IRS's authority not to offset generally disappears once the offset has been done—it cannot reverse an offset.

Answer: The IRS Hardship Program, also known as the Currently Not Collectible (CNC) status, is a program that provides temporary relief to taxpayers who are experiencing financial hardship and cannot afford to pay their tax debt.

How do I fight a tax offset? ›

If the offset paid a federal tax debt

If you don't believe you owe the IRS, call the IRS at 800-829-1040 (or TTY/TDD 800-829-4059) for more information or assistance in resolving the debt.

There is no specific form used to request an OBR. If you are experiencing a financial hardship and want to request an OBR, contact the IRS at 800-829-1040 or the Taxpayer Advocate Service (TAS) before you file your tax return with the IRS. Note: You must file your tax return with the IRS.

Tax Refund Offset

The debtor is notified in advance of any offset action to be taken. Individuals may call the TOP Interactive Voice Response (IVR) at 800-304-3107 to determine the contact information for the agency or state they owe.

What is the Treasury Offset Program (TOP)? The TOP is the collection of delinquent non-tax debts owed to federal agencies and states. To be referred to TOP, Social Security and Supplemental Security Income (SSI) debtors must: Be primarily, not contingently, liable for the debt.

The Treasury Offset Program is a debt collection tool that allows the federal government to collect income tax refunds and certain government benefits (for example, Social Security benefits) from individuals who owe debts to the federal government.

The Department of the Treasury (Treasury) can also withhold Social Security benefits to collect delinquent non-tax debts owed to other federal agencies under the Debt Collection Improvement Act of 1996 (Public Law 104-134). Treasury controls this activity and will contact you if you owe a non-tax debt.

Under the FPLP, the IRS can garnish up to 15% of your Social Security benefits each time you receive your check. The IRS will apply this amount to your taxes owed. The IRS will continue to garnish your benefits until you pay your back taxes in full.

If you have any unpaid Federal taxes, the Internal Revenue Service can levy your Social Security benefits. Your benefits can also be garnished in order to collect unpaid child support and or alimony. Your benefits may also be garnished in response to Court Ordered Victims Restitution.