Q: Will a claim for refund be offset, when, the claim for refund was before the certification of Offset date?
November 5, 2012, IRS received a 1040X, for tax year 2011, claiming an additional refund. On February 11, 2013, IRS letter says changes and as a result a refund is due $XXXX. However, a few days prior to receiving the letter, I called to check the status and found out there is a debt indicator on my file. I called FMS and they confirmed I am certified for Offset for non tax debt (student loans) and, YES, my return will be offset. Is that legal for them to do? On an additional note, the letter regarding the possible offset of tax refund, sent from the Dept. of Ed, states "The referral of your default account to the IRS to effect the deduction of the amount of this debt and a servicing fee from any income tax refund to which you may be entitled during THE NEXT APPROPRIATE FILING SEASON".
A:
I need a bit more facts, but this could be possible if the "fine print" of the student loan allows for this. Check out the student loan paperwork if you can.
The above is not legal advice. It is an illustration of options that can be used in certain situations. I have not examined all of your facts, if I did I might provide a different response.
A: If you owe the IRS money, generally, they will offset any refunds you may have, unless under special circumstances where the have agreed no to do that, which is very unlikely. Good luck.
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