Tax Refund Offset

Expecting a tax refund but worried about outstanding debts? Don’t lose your hard-earned money! Sky View Tax Resolution can help you protect your refund from being offset.

Understanding Tax Offset

If you owe money to the federal government, your tax refund may be withheld to cover the debt. This process is called a tax offset. The Treasury Offset Program (TOP), managed by the Bureau of Fiscal Service (BFS), handles these situations. Beyond federal taxes, the BFS may also use your refund to cover:

Past-due child support

Overdue spousal support

Unpaid state taxes

Delinquent student loans

Unemployment compensation debts

Other federal agency non-tax debts

Before your refund is taken, you should receive a Notice of Intent to Offset, which details the agency requesting the offset and the refund amount before and after the deduction. If you haven’t received this notice, take action immediately.


Preventing a Tax Offset

Once you receive a Notice of Intent to Offset, you usually have 60 days to act. Paying your taxes in full or filing for bankruptcy may help prevent the offset. During bankruptcy, an automatic stay may temporarily stop the IRS from taking your refund.

If your refund has already been offset, you may still recover some or all of it by filing an injured spouse claim or submitting a hardship refund request, depending on your financial situation.


Requesting a Hardship Refund

The IRS may return your offset refund if keeping it would cause financial hardship. There is no official form for this request—you must contact the IRS directly and provide evidence supporting your case. Tax professionals can guide you through this process and negotiate on your behalf. Schedule a consultation today to see if you qualify for a hardship refund.

“They provided excellent guidance and options. Even when the Wisconsin Department of Revenue challenged me, my team fought back, and I recovered 90% of my funds. Highly recommended!”
— Michael

Frequently Asked Questions About Tax Offsets

I didn’t receive a tax offset notice. What should I do?

Call the Bureau of Fiscal Services at 800-304-3107 or 866-297-0517 (TDD) immediately for guidance.

My letter says I owe child support, but I’m up to date. Who can I contact?

Contact the agency listed in the notice. TOP cannot discuss your debt, refund your money, or arrange payments—you must go through the specific agency.

My spouse owed a debt, and the full refund was taken. Can I reclaim my portion?

Yes. File an injured spouse claim (Form 8379) to recover your share, or consult a tax professional for assistance. Other options may include payment plans or Innocent Spouse Relief.

Can the IRS take my refund if I’m in Currently Not Collectible (CNC) status?

Yes. While most collection actions pause in CNC status, the IRS can still apply your refund to outstanding taxes. In cases of severe financial hardship, they may allow you to keep part or all of it.

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