why would the ohio attorney general offset my state tax refund

by Shyanne DuBuque 3 min read

The Ohio Department of Taxation (ODT) runs a state tax refund offset program, which allows the garnishment of your refund if you have the following types of debt: Owed Ohio or federal taxes Debts to the Attorney General’s Office Premium payments to the Bureau of Workers’ Compensation Child and spousal support payments

Pursuant to R.C. 131.02, 5733.121, and 5747.12, all or part of a person's income tax refund may be offset to collect certified tax debt or other debt owed to the state of Ohio that has been certified as delinquent to the Office of the Ohio Attorney General ("OAG"), together with any fees, penalties and interest accrued ...

Full Answer

Does Ohio have a state tax refund offset program?

Debt related to federal taxes (800) 829-1040; Ohio Attorney General's Office. Certain debt collected by the Ohio Attorney General (877) 607-6400 or (800) 282-0515; While the Department of Taxation is responsible for offsetting your refund, the debt is actually owed to another agency. You must contact that agency to resolve any discrepancies.

What happens to my Ohio tax refund if I owe taxes?

The Ohio Department of Taxation (ODT) issues State tax refunds and The Ohio Administrative code 5101:1-1-90 authorizes ODT to conduct the State Tax refund offset program. This program allows the offset of your income tax refund (overpayment) to pay: Delinquent taxes to Ohio or to the Internal Revenue Service; Miscellaneous debts to the Ohio Attorney General's Office;

Can the Ohio Department of taxation garnish my refund?

While the Department of Taxation is responsible for offsetting your refund, the debt is actually owed to another agency. That agency has provided information to the Department indicating that a balance is still due. You must contact that agency to …

Who is responsible for offsetting my tax refund?

amount of income tax refund offset by the Ohio Attorney General by demonstrating the underlying debt is not owed. For example, a refund request would be granted if the taxpayer proves the underlying debt was paid prior to offset. The administrative review is based upon governing law and

Why was my Ohio state Refund Offset?

Income tax refunds may be offset to pay delinquent state or federal taxes, debts, back child/spousal support, and more. The Ohio Department of Taxation (ODT) issues State tax refunds and The Ohio Administrative code 5101:1-1-90 authorizes ODT to conduct the State Tax refund offset program.May 30, 2018

What is an Ohio tax offset?

May 06, 2020 | TAX. The Ohio Department of Taxation is authorized to offset all or a portion of a taxpayer's income tax refund to be applied towards any unpaid tax.May 6, 2020

What causes taxes to be offset?

A tax offset is what happens when your federal refund is applied to a federal or state debt. ... FMS applies your overpayment of tax -- refund -- to delinquent federal or state tax, child support or debt owed to another federal or state agency before issuing a refund.

How do I get my tax refund back after offset?

For the best chance of getting a hardship refund, you have to request it before filing your 2020 tax return. You can make such a request by contacting the Taxpayer Advocate Service (TAS) at 877-777-4778 or https://www.taxpayeradvocate.irs.gov/contact-us/ .

Is IRS offsetting refunds 2021?

(Since the offer was accepted during the 2020 tax year, the refund associated with the 2020 tax return was subject to offset). ... They file their 2021 tax return on April 15, 2022 showing a refund. Under the new policy, the IRS will not offset that refund, allowing the taxpayer to receive the refund.Dec 9, 2021

What is state tax offset?

If you have a past due, legally enforceable California income tax debt and are entitled to a federal income tax refund, we are authorized to have your refund withheld (offset) to pay your balance due.Sep 23, 2021

Will I get my federal refund if I owe state taxes?

No. Federal income taxes and State income taxes are totally separate. State income taxes owed cannot be paid with a federal tax refund.Jun 7, 2019

How long does it take to get refund after offset?

It can take up to 6-8 weeks to get a tax refund reversed after it's been offset for student loan debt.

How long does it take to get tax refund after offset 2020?

Timeframes for receiving and sending funds Typically, the state child support office that submitted the noncustodial parent's case for tax refund offset receives the funds within two to three weeks.Feb 1, 2018

Can you check irs offset online?

The IRS itself will take your refund for back tax before any other tax offset is applied. You can check your own account with the IRS and if you owe back tax at the IRS website.Jun 7, 2019

What Kind of Debt Might Result in Tax Refund Garnishment?

Fortunately, not all debt will result in a tax refund garnishment. The IRS only garnishes tax refunds to pay off the following types of debt:

Can the Ohio Government Garnish my State Tax Refund?

The Ohio government has a tax offset program similar to the federal government. The Ohio Department of Taxation (ODT) runs a state tax refund offset program, which allows the garnishment of your refund if you have the following types of debt:

When Can my Refund Get Garnished Over Student Loan Debt?

Many people face the threat of tax refund garnishment because of their student debt issues. The government can only garnish your tax refund if you have defaulted on a loan. When you miss a loan payment by more than 30 days, the loan becomes delinquent.

Can I Get My Refund Back if it Was Garnished?

It is very difficult to contest tax offsets. You may request a hearing to contest the garnishment, but to prevail, you will need to demonstrate that you were not in default on your debt. But in the vast majority of cases, borrowers who are subjected to a tax refund garnishment are in fact in default on their debt.

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At Luftman, Heck & Associates, our debt management lawyers we take pride in our ability to help Ohioans overcome their debt issues. Proper planning, knowledge of your rights, and in some cases, legal action, can remove the cloud of debt over your life. Don’t wait for your loans to go into default before taking action.

Ohio Tax Offsets

An Ohio tax offset occurs when the state uses your tax refund to pay certain outstanding debt you have. If you receive an Ohio tax offset, you will receive a letter explaining that your refund has been offset and the state agency that is receiving your refund instead.

Child Support

If you owe past due child support, your case worker will refer your case for offset if your arrears balance is between $150 and $500. If the parent receiving child support is on public assistance, your refund is offset when your arrears balance is at least $150.

State Benefit Repayment

If you receive workers' compensation benefits and are overpaid, your Ohio tax refund will be offset to repay the amount of overpayment you received from the benefit plan. Your offset funds are sent to the Ohio Bureau of Workers' Compensation.

Tax Debt

Your Ohio tax refund is also subject to offset if you owe past due state or federal tax debt. If your past due tax debt is owed to the state, your refund offset is automatic; however the IRS offset process is not.

Kaye P Willi

Agree with Ms. Zelli. The State of Ohio can seize your federal tax refund, but more than likely, they will just seize your Ohio tax refund. Best of luck to you.

Liana Zelli

Yes. If you have a state tax liability, the state can go after your state or federal refund (s) to pay the taxes - offset the state tax liability. Similarly, if you have a federal tax liability, the IRS can go after a federal or state tax refund to offset your federal back taxes.