Can Student Loans Take My Tax Refund?
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If you default on a federal student loan, the government can take your tax refund to help cover what you owe. While the government paused such collections during the pandemic through initiatives like Fresh Start, those relief efforts ended in the fall of 2024.
After September 2024, the best way to stop student loan debt collectors from taking your refund is to address the default before filing your tax return. Once the government has your money, it's much harder to get it back.
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Will your tax refund be garnished?
Only federal student loans in default are subject to tax refund collection. The government can’t take refunds to repay private student loans in default.
Federal student loans typically enter default after 270 days of past-due payments. However, if you are behind on your payments for 90 days, the loan servicer will report the delinquency to the three major credit bureaus, which could damage your credit rating.
If your tax refund is subject to garnishment, you’ll receive a letter from your loan holder saying it has referred your account to the Treasury Offset Program, or TOP. This is the part of the U.S. Treasury Department tasked with taking federal payments to cover delinquent debts owed to government agencies, including defaulted student loans.
Your student loan holder will send you a tax offset notice before your refund is seized. This notice typically arrives months before you file your tax return, so you have time to take action. But you might receive that notice only once, and you can't dispute tax garnishment on the grounds of not receiving the offset notice.
Check that your loan holder has your up-to-date contact information. To learn who your loan holder is, contact the Education Department’s Default Resolution Group or log into your account on studentaid.gov. The Treasury Department will contact you after the offset.
How to stop student loan tax garnishment
Collections activities resumed on defaulted federal student debt in late 2024. Here are the best ways to stop student loan tax garnishment depending on your situation, as well as the records you’ll need to support each:
If you repaid some or all of the debt. If you already fully repaid the debt, you should receive your entire refund. If the amount listed on your offset notice is incorrect, you can dispute it. Provide copies of checks or money orders used for payment to your student loan holder, as well as receipts for payments made.
If you do not owe the debt. Your student loan can be discharged for reasons such as bankruptcy, total and permanent disability or school fraud. You'll need to provide copies of completed loan discharge applications or court documents and discharge orders to your student loan holder. If you have never taken a student loan, don’t ignore an offset letter — it’s possible you’re a victim of identity theft.
If you already agreed to make payments. If you're fulfilling a repayment agreement with your loan servicer — which includes making payments within 65 days of receiving an offset notice — then your refund should not be garnished. Provide a copy of the agreement, as well as checks, money orders or receipts that document repayments.
If you’re enduring financial hardship. Student loan holders have different standards for hardship relief. Some agencies may return all or part of your tax refund if you can prove you've exhausted unemployment benefits or had your house foreclosed, for example. To qualify, you may need to start loan rehabilitation or voluntarily enter a repayment plan.
Once an offset notice is sent, you have 65 days to contest it. You may still be able to stop an offset after 65 days by entering into a rehabilitation agreement and making five of the nine required payments. Your offset notice will list instructions for setting up a review.
What happens if you don't stop a tax offset?
Your student loan holder will seize your tax refund — and future refunds — until the tax offset stops.
You can get federal student loans back in good standing through traditional rehabilitation and consolidation, which will also stop other consequences of default like wage garnishment. Rehabilitation takes longer to complete, but you don’t have to finish the process to prevent future garnishment. You just have to make payments in line with your agreement.
If you missed your review window or already had your refund seized, you should still contact your loan holder to see under what circumstances you can receive some or all of your money back.
Will my spouse’s refund be garnished, too?
If you’re married and file taxes jointly, you may be able to protect your spouse’s part of the federal tax refund by submitting an injured spouse allocation form (IRS Form 8379).
You can provide this form when you file your taxes or afterward if you weren’t aware of the offset at the time. You may have as long as three years from the due date of your original return to submit this paperwork.
You may also be able to prevent student loan tax garnishment for your joint state return. Those rules depend on where you live. Check with your state’s department of taxation to learn more.
