Defaulting on your federal student loans will not only wreck your credit, but the government can take action to collect its money. It can withhold money from your wages or even resort to tax refund garnishment for student loans, which is called a Treasury offset or a tax offset.
If you default on your student loans, here’s how to get a refund on a tax offset — and how to avoid it in the first place.
What to do if your tax refund is garnished for student loans
What if you can’t get a tax offset hardship refund?
How to avoid a tax refund garnishment in the first place
Taking action on tax refund garnishment for student loans
What to do if your tax refund is garnished for student loans
The IRS reported that the average tax refund was $2,860 in 2019. But according to Leslie H. Tayne, a financial attorney, that refund may no longer be yours if you’ve defaulted on your student loans.
“Through the Treasury Offset Program, state and federal government agencies can garnish your tax refund,” said Tayne, who is an expert on student loans.
For many people, their annual tax refund is the most significant financial windfall they’ll see all year. If you’re counting on that money to pay medical bills or other necessary expenses, student loan tax return garnishment can be devastating.
However, there may be a way to get some of the tax offset refunded to you in certain circumstances.
“In some cases, it is possible to have some or all of the money returned to you from a tax return garnishment,” Tayne said. “With student loans, for example, you can challenge the garnishment by requesting a formal review with your loan holder.”
You may qualify for a refund of the tax offset if you meet one of the following criteria:
- You entered into a repayment agreement with the lender and have started making payments.
- The school failed to issue you a refund it owed you.
- You have become totally and permanently disabled.
- The tax offset would cause extreme financial hardship.
- The loan is not enforceable, meaning it’s fraudulently under your name.
- You are eligible for borrower defense to repayment discharge due to school misconduct.
- You qualify for a closed school or false certification discharge.
How to get a student loan tax offset hardship refund
To request a refund of the tax offset, follow these steps:
- Look at your notice: Before the tax offset is in place, the government will send you a written notice. The notice will contain information about the tax offset, including where to file a request for review.
- Find your loan servicer: If you’re not sure who is managing your loan, use the National Student Loan Data System to identify your loan servicer. The servicer is your key contact throughout this process.
- Request the loan file: You must ask the loan servicer to see the loan file within 20 days of receiving the tax offset notification.
- Request a review: If you believe you’re eligible for a refund of the tax offset, you must issue a challenge by sending a formal request to the address in your notification letter. You must submit it within 65 days after the date of the notice, or 15 days after the request to see the loan file, whichever is later.
- Submit documentation: You must submit a notification letter showing the amount of your tax refund, proof of your annual income and a recent bank statement. If you’re facing a financial emergency, such as eviction from your home, you can include that notification with your documents. You can also add a letter explaining any extenuating circumstances that you feel make you exempt from the tax offset.
- Participate in a hearing: You can opt for a telephone or in-person hearing to make your case. If you choose an in-person hearing, you’re responsible for covering your own travel expenses.
- Wait for the loan servicer’s decision: The loan servicer will review your case, including your statement at your hearing and any documentation you submitted. It will issue a decision and either refund the tax offset or notify you that your request was denied.
For more information, including who to contact about default resolution, visit MyEdDebt.Ed.gov, or call the Treasury Offset Program at 800-304-3107.
Protecting your spouse’s refund
If you’re married and file a joint return, you may still be able to protect your spouse’s share of the tax refund even if you’re subject to a tax offset. To do so, you must fill out Form 8379-Injured Spouse Allocation and either submit it with your tax return or mail it in by itself after you file your return.
What if you can’t get a tax offset hardship refund?
Unfortunately, you can’t always qualify for a refund of the tax offset. If that’s the case for you, take action now to prevent losing your tax refund next year.
If your loans are in default, there are four options available to you.
1. Loan consolidation
One way to get out of default is to consolidate your debt with a Direct Consolidation Loan. With this approach, you combine your loans into one and agree to repay the new loan under an income-driven repayment plan.
Before you can consolidate your debt, you must make three consecutive, voluntary payments for the full minimum due on the defaulted loan.
Once your loan is consolidated, it will no longer be in default, and you’ll regain eligibility for benefits like federal forbearance and deferment. However, consolidating your defaulted loan does not remove the default from your credit history.
2. Loan rehabilitation
To pursue loan rehabilitation, you must contact your loan servicer and agree in writing to make nine voluntary, reasonable and affordable monthly payments — as decided by your loan servicer — within 20 days of the due date. You must make all nine of the required payments during a period of 10 consecutive months.
Depending on your income, your monthly payment could be as low as $5 while you work toward loan rehabilitation. Once you’ve made all nine required payments within the designated time frame, your loans will no longer be in default. If you rehabilitate a defaulted loan, it will be removed from your credit history.
Keep in mind that you only get one shot at loan rehabilitation; if you default on your loans in the future, you won’t be able to use this option again.
3. Pay in full
If you’ve defaulted on your loans, you’re probably short on cash. Paying off your loan balance in full may seem impossible, but it might be an option for you.
Consider asking family and friends for help or selling unused items to raise enough money to pay off the loan.
4. Student loan refinancing
If you want to pay off your loans in full but don’t have the money on hand, another way to get out of default is to refinance your student loans. With this approach, you work with a private lender to take out a loan for the amount of your current loans. You use the new loan to pay off your existing debt, ending the default.
The new loan will have different loan terms, including interest rate and loan length. And, it will be a private loan, so it isn’t eligible for federal benefits like income-driven repayment plans.
If you’ve defaulted on your loans, your credit score is likely fairly low, so you may not qualify for refinancing on your own. One way around that obstacle is to ask a friend or relative with good credit and a stable income to co-sign the loan with you.
How to avoid a tax refund garnishment in the first place
While it’s possible to get a refund of the tax offset, it’s difficult. It’s better to take action before the Treasury offset goes into effect, as the loan servicer can also garnish your wages and even withhold money from your Social Security benefits.
Consider these options to avoid tax refund garnishment for student loans.
Contact your loan servicer or the IRS
If you think there has been a mistake, such as a student loan account appearing under your name, contact your loan servicer to flag the problem. Then, contact the IRS directly to explain the issue and what steps you’ve taken to fix it
Get out of default
You don’t have to wait for your tax refund to be garnished to take advantage of consolidation, loan rehabilitation or to pay off your balance in full. Taking action now will end your loan’s default right away, stopping the loan servicer from garnishing your refund or sending you to collections.
Consider income-driven repayment plans
If you’re struggling to afford your payments, but haven’t yet defaulted on your loans, Tayne recommended applying for an income-driven repayment (IDR) plan.
“If an individual is struggling to make student loan payments, they can contact their loan officer to discuss changing their repayment plan to get a potentially lower monthly payment,” she said.
With an IDR plan, your payment term is extended to 20 to 25 years. And, your loan servicer will set your monthly payment at a percentage of your discretionary income. Depending on your income and family size, you could dramatically reduce your monthly payment.
Request a deferment or forbearance
If you’re facing a financial hardship, like a medical emergency, or if you’ve lost your job, you can request a deferment or forbearance. Under these options, you can postpone making your payments for several months, giving you some time to get back on your feet without defaulting on your loans. Keep in mind that interest may continue accruing during this time period, though.
Taking action on tax refund garnishment for student loans
If you are in default with your student loans and your tax refund is being garnished, it’s easy to feel overwhelmed or even ashamed. But unfortunately, your situation is very common. A recent survey found that 40% of student loan borrowers said they were struggling to afford their next payment.
Whatever your situation, it’s important to take action. You may be able to get the tax offset refunded, and you can start repairing your finances and get out of student loan default. If you can’t keep up with your payments, use these five strategies to take charge of your debt.
Melanie Lockhert contributed to this report.
Interested in refinancing student loans?
Here are the top 6 lenders of 2021!Lender | Variable APR | Eligible Degrees | |
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1.89% – 5.99%1 | Undergrad & Graduate | ||
1.99% – 5.64%2 | Undergrad & Graduate | ||
1.91% – 5.25%3 | Undergrad & Graduate | ||
2.25% – 6.88%4 | Undergrad & Graduate | ||
1.89% – 5.90%5 | Undergrad & Graduate | ||
2.39% – 6.01% | Undergrad & Graduate | ||
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