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Can the state withhold my federal refund?

By Henry Morales |

Most consumer creditors have no authority to take your tax refund because of unpaid debts. There are, however, exceptions to this rule. If you owe state taxes, your state can take all of your federal tax refunds until you’re caught up. State tax agencies can take your refund through the Treasury Offset Program (TOP).

Can a state take your federal tax refund?

If you owe state taxes, your state can take all of your federal tax refunds until you’re caught up. State tax agencies can take your refund through the Treasury Offset Program (TOP). The United States Treasury Department oversees the Bureau of Fiscal Service (BFS). The BFS is responsible for issuing tax refunds.

How are state taxes different from federal taxes?

Most states that impose income taxes, however, use progressive tax systems, where higher levels of income are taxed at a greater percentage rate, as is the case with the federal income tax system. Some states base their marginal tax brackets for this purpose on the federal tax code, but many states implement their own.

Can you deduct state and local taxes on your federal tax return?

Taxpayers who are affected by the alternative minimum tax (AMT) likely will find that they receive little or no benefit on their federal return by accelerating state payments. State and local income taxes are deductible when you’re calculating your regular federal income tax, but they’re not deductible when you’re calculating the AMT.

Can a state tax refund be seized by the IRS?

The Internal Revenue Service can seize state income tax refunds to collect delinquent federal income taxes in most states and the District of Columbia. The IRS program for refund seizures is called the State Income Tax Levy Program, or SITLP. If you owe the IRS, but still got a refund, you likely live in a state that does not participate in SITLP.