why does attorney general hold income tax refund for 180 dxays

When does the IRS Hold Your refund for tax purposes?

This change only affects returns claiming EITC or ACTC filed before February 15. The IRS will hold your entire refund, including any part of your refund not associated with the EITC or ACTC. Neither TAS, nor the IRS, can release any part of your refund before that date, even if you’re experiencing a financial hardship.

Can the government intercept your tax refunds for back child support?

The tax refunds of individuals who owe back child support can be intercepted by the government through the Federal Tax Refund Offset Program. 1  Not all delinquent child support cases are eligible for the Federal Tax Refund Offset Program.

Can the IRS Hold Your refund if you have a hardship?

Neither TAS, nor the IRS, can release any part of your refund before that date, even if you’re experiencing a financial hardship. You may get a letter or notice from the IRS saying there’s a problem with your tax return or your refund will be delayed.

Can a tax preparer or accountant push my refund through faster?

No tax preparer or accountant will be able to push your tax refund through more quickly. Anyone who promises they can is most likely pushing a Tax Refund Anticipation Loan, which is an advance on your tax return. In most cases, you receive your tax refund upfront and sign over the return to the company – usually in exchange for a hefty fee.

How long is the IRS legally allowed to hold your refund?

How Long Do I Have to Claim a Tax Refund? You have three years from the date of the original deadline for your tax return to claim any refund you are entitled to. 1 Most years, tax returns are due by April 15. That means you would have until April 15 three years later to file a return and claim your refund.

Why is the IRS holding my refund so long?

Things that can delay a refund: The return has a claim filed for an earned income tax credit, additional child tax credit, or includes a Form 8379, Injured Spouse AllocationPDF. The time it takes a taxpayer's bank or credit union to post the refund to the taxpayer's account.

What is the longest a tax refund can take?

COVID-19 Processing Delays It's taking us longer than normal to process mailed correspondence and more than 21 days to issue refunds for certain mailed and e-filed 2020 tax returns that require review. Thank you for your patience. The IRS issues more than 9 out of 10 refunds in less than 21 days.

Why is my refund being processed for so long?

If you're still waiting on your tax refund, it's possible that your tax return is taking longer for the IRS to process because it requires additional review. There are several reasons why your tax return may be delayed: Errors such as an incomplete filing status. Missing information.

Why is my 2021 refund taking so long?

Your return could have been flagged as fraudulent because of identity theft or fraud. Some returns are taking longer because of corrections needed that are related to the earned-income tax credit and the pandemic-related stimulus payments (officially termed a “Recovery Rebate Credit”).

What is a frozen refund?

It temporarily freezes returns that might be fraudulent. The IRS tries to validate the taxpayers' right to the refund and lifts the freeze if no fraud is found. If the refund cannot be validated, it permanently freezes the refund for further investigation.

Why is my refund taking longer than 21 days 2022?

A tax refund could be delayed because it needs a correction or is incomplete, needs further review or is suspected of identity fraud, includes a claim filed for an Earned Income Tax Credit or an Additional Child Tax Credit or includes an injured spouse allocation form which may take up to 14 weeks for the IRS to ...

Why are my taxes still processing 2021?

As the return is processed, whether it was filed electronically or on paper, it may be delayed because it has a mistake including errors concerning the Recovery Rebate Credit and the Child Tax Credit, is missing information, or there is suspected identity theft or fraud.

Are IRS refunds delayed 2020?

The IRS' website states that some tax returns for the 2020 year are taking longer to process and refunds are taking longer than 21 days to be issued.

Why is my tax return still processing after 2 months 2020?

The processing times will vary but, due to the continued under staffing situation and budget cuts the IRS had been subject to, they are likely to be much longer again this year. It has been reported that some of the delay this year is due to the new anti fraud security screenings that were implemented.

What is the difference between processed and still being processed?

0:182:56Being Processed vs. Still Being Processed - YouTubeYouTubeStart of suggested clipEnd of suggested clipIf you're seeing the beam. Process message most of the time this is a good sign if you're seeingMoreIf you're seeing the beam. Process message most of the time this is a good sign if you're seeing this message most likely your tax return is done in your return was just recycled to the next update.

What does it mean when the IRS says your tax return has been received and is being processed?

This means the IRS has your tax return and is processing it. Your personalized refund date will be available as soon as the IRS finishes processing your return and confirms that your refund has been approved. Most refunds are issued in less than 21 days.

When will the IRS issue a refund?

The IRS may not issue a credit or refund to you before February 15, if you claim the Earned Income Tax Credit (EITC) or Additional Child Tax Credit (ACTC) on your tax return. This change only affects returns claiming EITC or ACTC filed before February 15.

What is the number to call to apply for tax refund?

If your election to apply the refund to next year’s estimated tax liability was a mistake (estimated tax payments aren’t needed or required), call the IRS toll-free at 1-800-829-1040 (TTY/TDD 1-800-829-4059) for help.

Why is my tax refund delayed?

There are many reasons why the IRS may be holding your refund. You have unfiled or missing tax returns for prior tax years. The check was held or returned due to a problem with the name or address.

How long does it take to get a refund from the IRS?

If you provide the information the IRS requested, the IRS should correct your account and resolve the refund issue (generally within 60 days). If you file a missing or late return, the IRS will process your returns and issue your refunds (generally within 90 days).

What to do if IRS is not responding?

If your IRS problem is causing you financial hardship, you’ve tried repeatedly and aren’t receiving a response from the IRS, or you feel your taxpayer rights aren’t being respected, consider contacting the Taxpayer Advocate Service (TAS).

How long does it take to get a tax refund?

The IRS issues most refunds in fewer than 21 calendar days. You can check the status of your refund with “Where’s my refund?” on IRS.gov or the IRS2Go mobile app.

Can the IRS release your tax refund?

The IRS will hold your entire refund, including any part of your refund not associated with the EITC or ACTC. Neither TAS, nor the IRS, can release any part of your refund before that date, even if you’re experiencing a financial hardship.

4 attorney answers

You should not be angry at all. You should be angry with the father that has not paid child support. As stated correctly by my colleagues, the DOR is required by regulation to hold the intercepted monies for 180 days to allow the Obligor to contest the enforcement action...

Henry Lebensbaum

I presume you have tried contacting DOR about this and gotten no where. I think one way to remedy this, as much as I hate to say, would be to file a contempt on the Father for non-payment of support, as you technically have a violation. From there, his defense is that it was sent to DOR, which would then likely have the...

William N. Chambers

When DOR takes an enforcement action to collect past due child support, the money collected goes on hold for a certain number of days. The reason for the hold is DOR is required to give the noncustodial parent an opportunity to request a review of the enforcement action...

How long does it take to get a tax refund offset?

The state that submitted the case typically receives money from a tax refund offset within two to three weeks. If the tax refund offset is from a jointly filed tax return, the state may hold the money for up to six months before disbursing.

How much child support is required for a tax refund?

If the child support recipient receives Temporary Assistance for Needy Families, child support must be at least $150 in arrears. If the recipient does not receive assistance, child support must be at least $500 in arrears.

How much child support is in arrears?

If the recipient does not receive assistance, child support must be at least $500 in arrears. 2 . Usually, the state where the custodial parent lives—the parent who is owed child support—submits the debt for the Federal Tax Refund Offset.

When was the federal tax offset program enacted?

The Federal Tax Refund Offset Program was enacted by Congress in 1981 and was originally restricted to child support debts owed in public assistance cases (Aid to Families and Dependent Children (AFDC) or Temporary Assistance for Needy Families (TANF)). It was expanded in 1984 to include child support debts in non-assistance cases.

What happens if you pay child support in the past?

To the parent owed past-due child support. If all past-due child support has been paid, any remaining amount will be returned to the parent who pays support.

How much is child support if you owe more than one case?

If you owe past-due child support in more than one case, the case balances can be added together to reach $150. If your children did not receive public assistance or only received Medicaid, and you owe at least $500 in past-due child support, your taxes will be referred for offset.

Is the IRS investigating fraudulent tax returns?

The IRS is identifying and investigating tax refunds that may be fraudulent. The fraudulent filings may be due to personal identity theft. Since tax refunds can be directed to the state child support agencies for past-due child support, some of these fraudulent refunds have been offset by CSS.

What is the Treasury Offset Program?

The Treasury Offset Program (TOP) is administered by the United States Department of Treasury’s Financial Management Service (FMS). It allows federal and state government agencies to collect outstanding debts owed to them by garnishing, or offsetting, your debt with your tax refund.

How much do you owe on a Stafford loan?

You have $3,000 in past-due Stafford loan payments. You owe $2,000 in past-due child support. The state is eligible to take $2,000 for your past-due child support, and the Department of Education can take the remaining $3,000 to pay for your past-due Stafford loan payments.

What debts are eligible for TOP?

Moreover, only certain types of government debts are eligible for TOP. These include, past-due court-ordered child support payments, outstanding debts with federal agencies other than the Internal Revenue Service, past-due state income taxes and. any unemployment compensation you must pay back.

Can a government garnish your tax refund?

Government agencies frequently garnish federal income tax refunds since they are the most common federal payments. The TOP is the only way your refund can be garnished; private creditors such as credit card companies don’t have access to your tax refund. Moreover, only certain types of government debts are eligible for TOP.

Can a tax refund be garnished?

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. However, once you deposit the refund into your bank account, these rules no longer apply.

Can you garnish your federal tax refund?

Before any other federal or state agency can garnish your tax refund, you must be current on your federal income tax payments. This is because the outstanding taxes you owe to the IRS must always be paid first.

Can you get a refund if you overpay child support?

If you overpay your income taxes and have an amount eligible for a refund, the state agency that governs your child support order has first claim to that refund if your support payments are unpaid. The state can continue to garnish tax refunds each year until all child support payment obligations are satisfied.

What is a 160-44-XX listing?

The 160–44–XX Listing is the first of several stages designed to streamline the Refund Interception Review program . The review process in this procedure will be followed on the refund transactions identified on pre-screened listings just as it is done on the BMF-IR Listings.

What is TC 846)?

The Refund Intercept Program was created to review scheduled generated refunds (Transaction Code (TC) 846) and make a determination if issuing a manual refund within the 45 day interest-free period results in a reduced or eliminated credit interest amount.

Is MFT 13 exempt from the refund intercept program?

MFT 13 is exempt from the Refund Intercept Program. Underline the first record within each line number (61, 62, etc.). Underline the last record for each line number starting at the left of the taxpayer identification number (TIN) column.

Can refunds be stopped if the date is not present?

The refunds cannot be stopped if the date is not present. Compare the received dates for each account to the last day for input. This should be done at the same time as the received dates are reviewed. The last day for input chart shows the last day for input of refund transactions.

How long does it take to get a refund if you owe taxes?

How long the review process takes depends on what information the IRS needs to verify. If you don’t hear anything within 45 days from the date of the initial notice, however, you can follow up to see what happened to your refund.

Why do IRS review tax returns?

The most common reason for the IRS to review a tax return is something called the Discriminant Function System (or DIF) score . The IRS uses a computerized scoring model that evaluates your return and gives it a score based on the likelihood that it will need to be changed. To determine this score, the model compares your return to similar returns ...

What happens if your tax return is flagged?

What Happens When Your Tax Return Is Flagged for Review? Filing taxes can be stressful. When the IRS opts to take a closer look at your tax return, that can only increase your anxiety level. Getting your return flagged for review doesn’t mean you’ll be audited, but it can raise the odds that Uncle Sam will conclude that the numbers don’t add up.

How long can you go back on your taxes?

The IRS can go back through three years’ worth of returns, or up to six years if they find a serious error.

Can the IRS verify your information?

The IRS could verify your information and determine that you owe more in taxes. If it’s a difference of only a few hundred dollars, that may not be problematic. But if it’s several thousand dollars, you could find yourself in a financial bind. Applying for an IRS installment agreement can give you time to pay it off.