why would the ohio attorney general take my state refund

by Prof. Kayden Herman IV 9 min read

When the Ohio government garnishes your state tax refund, they will send you a letter explaining why you were subjected to offset, and which government agency was owed money. If the Ohio government is unable to recover everything you owe, it may file a request with the TOP in the hopes of garnishing your federal tax refund too.

Full Answer

What does the Ohio Department of taxation do with my refund?

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 …

How long does it take to get Ohio refund after offset?

Your federal and/or state refunds are subject to offset when it is determined a tax debt is owed and has been turned over to the Attorney General for collection. Why wasn’t I notified by the Department of Taxation about this debt? The Ohio Department of Taxation sent you a certified letter advising that the debt would be turned over to the Attorney General if not resolved within …

What is an Ohio income tax refund offset letter?

A refund policy may not be printed only on the receipt, because the consumer sees the receipt after the purchase has been made. If a seller does not have a refund policy posted, the consumer is entitled to a refund, if the consumer requests it. Ohio law does not prohibit restocking fees, or fees for returning an item to the shelves.

What does the Ohio Attorney General's Office do?

Mar 15, 2018 · 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: Owed Ohio or federal taxes; Debts to the Attorney General’s Office

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Why would the Ohio attorney general offset my taxes?

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 ...

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

How do I get an offset bypass refund?

There is no specific form used to request an Offset Bypass Refund. Taxpayers wanting to request one should contact the IRS at 800-829-1040. They may also request assistance from the Taxpayer Advocate Service.Dec 9, 2021

How do I find out if my refund will be offset?

To find out if your federal tax refund will be offset, you will need to call the Bureau of Fiscal Service directly. Their number is 800-304-3107. You may not have anyone else call for you, nor may you call on anyone else's behalf, this is a criminal offense – don't do it.

How do I know if I owe the Ohio attorney general?

NOTE: For information on paying a tax debt or other debt owed to the state of Ohio, please contact the Attorney General's Collections Enforcement Section online or by calling 877-607-6400.

Why am I getting a letter from Ohio Department of Taxation?

Why did I receive this? Our records indicate that you were the buyer of a vehicle, watercraft or onboard motor. As required by law, the Ohio Department of Taxation conducts reviews of casual (non-dealer) vehicle title transfers. A letter/questionnaire is sent to the seller of the vehicle, watercraft or onboard motor.May 15, 2020

How do I dispute an offset?

If you wish to dispute the offset, you should contact the agency that received the offset payment. Only contact the IRS if your offset payment was applied to a federal tax debt. Injured Spouse Allocation. You may be entitled to part or the entire offset if you filed a joint tax return with your spouse.Mar 21, 2016

Can you sue the IRS for holding your refund?

Generally, if you fully paid the tax and the IRS denies your tax refund claim, or if the IRS takes no action on the claim within six months, then you may file a refund suit. You can file a suit in a United States District Court or the United States Court of Federal Claims.Jan 19, 2022

How can I find out if my stimulus check was offset?

If you have concerns about an offset, you can call TOP. The number is 1-800-304-3107. TOP can answer some questions, but they can't make arrangements for you to pay your debt or even tell you how much you owe. TOP can only give you the contact information for the federal or state agency attempting to collect the debt.Apr 29, 2021

Who intercepted my tax refund?

Federal law allows only state and federal government agencies (not individual or private creditors) to take your refund as payment toward a debt.Oct 16, 2021

Will the state take my federal refund?

Yes, they can. If you owe state taxes and you're due a federal refund, the state government can take that check before it hits your bank account. The Treasury Offset Program allows the state to intercept your refund without your permission.

Does the IRS notify you of an offset?

BFS will send you a notice if an offset occurs. The notice will reflect the original refund amount, your offset amount, the agency receiving the payment, and the address and telephone number of the agency. BFS will notify the IRS of the amount taken from your refund once your refund date has passed.Jan 24, 2022

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.

A Skilled Ohio Debt Lawyer Can Help You

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.

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