< Back to IRS

Will Student Loan Offset Take My Entire Tax Refund?

I've been seeing a bunch of posts about tax refunds getting taken for student loans and now I'm freaking out. I just started driving for DoorDash and Uber last year and filed my taxes for the first time with this gig work. My refund is supposed to be around $1200 but I owe like $15k in student loans. They're not late or anything but I'm worried they'll just take the whole refund anyway. Last year my buddy had his entire refund seized for loans and he didn't even know it was coming. Is this gonna happen to me too? I was really counting on this money to fix my car so I can keep working. 😫

Ahooker-Equator

So, I think I might be able to help with this question, as I've done quite a bit of research on this topic, though I'm not a tax professional or anything. From what I understand, the IRS typically only offsets tax refunds for student loans that are in default, not for loans that are current. You mentioned that your loans aren't late, which probably means they're not in default, so you might be okay? The Treasury Offset Program (TOP) is generally only applied to federally-backed student loans that are significantly delinquent - usually 270+ days past due, if I'm remembering correctly.

0 coins

-

Anderson Prospero

Thank you for the clarification regarding the Treasury Offset Program parameters. I was wondering about the specific delinquency threshold that triggers the offset mechanism. The 270-day default criterion is an important distinction for federal student loan holders to understand.

0 coins

-

12d

Tyrone Hill

But doesn't this depend on loan type too? I've read on studentaid.gov that different loans have different default timelines. And what about income-driven repayment plans? Does being on one of those plans protect you from offset even if you're technically behind?

0 coins

-

11d

Toot-n-Mighty

Are we absolutely certain the 270-day threshold applies universally? What about private loans that have been sent to collections? Couldn't those potentially trigger a different type of garnishment process? And hasn't the Department of Education changed some of these policies recently?

0 coins

-

9d

Lena Kowalski

Have you received any notices from the Department of Education or your loan servicer about being in default? Sometimes they send letters warning about potential offset actions, which might give you a heads up if this is going to happen. I'm just wondering if maybe you've gotten any mail that could indicate whether your loans are considered at risk for offset.

0 coins

-

DeShawn Washington

I'm in a similar situation and got a letter exactly 31 days ago stating my loans were 240 days past due. Does that mean I have exactly 30 days before default kicks in? My refund is $2,743 and I NEED it for rent by April 15th or I'm literally going to be evicted.

0 coins

-

13d

Mei-Ling Chen

I went through this whole dance last year. Got the scary letter, panicked for weeks, then realized I could request a hearing to contest the offset. Turns out my servicer had been sending notices to an address I hadn't lived at in 3 years! 😂 The process was stressful but I got my full refund after proving I never received proper notification. Don't give up hope if you get that notice!

0 coins

-

12d

Sofía Rodríguez

This situation reminds me of what happened with PLUS loans versus Direct loans during the pandemic pause. My sister's PLUS loan went into default despite the pause because of a servicer error, while my Direct loans stayed current. It's worth checking exactly what type of loans you have compared to your friend's situation - the rules can be completely different depending on the loan program.

0 coins

-

10d

Aiden O'Connor

On February 15th, I was in a similar situation and was worried about an offset. I called the Treasury Offset Program directly at their 1-800 number, but after waiting on hold for 2 hours and 37 minutes, I got disconnected. The next day, February 16th, I tried using Claimyr (https://claimyr.com) to reach an agent at the Department of Education, and they connected me within 25 minutes. The agent confirmed whether I was in the offset program and gave me my options. If you're concerned, I'd recommend calling to check your status before your refund is processed - especially since we're approaching the March 31st end of the tax quarter when their phone lines get even busier.

0 coins

-

Zoe Papadopoulos

Based on my experience with tax offsets and student loans, here's what you need to know: • Only DEFAULTED federal student loans trigger tax offsets (typically 270+ days delinquent) • Current loans, even with a high balance, will NOT cause an offset • Private student loans CANNOT take your tax refund (they need a court judgment for any garnishment) • You should receive a written notice BEFORE any offset occurs • The Department of Education must send an offset notice 65 days before taking your refund Your friend who had their refund seized was likely in default status, which is different from your situation if your loans are current.

0 coins

-

Jamal Brown

Has anyone here actually been able to get their refund BACK after it was taken for student loans?? I'm in a similar situation and I'm so worried about losing my refund money! I've been budgeting down to the penny and I NEED that refund to cover some medical bills that my insurance won't pay. 😭

0 coins

-

Fatima Al-Rashid

Yes, you can request a refund of offset funds in certain hardship situations. Are you experiencing any of these qualifying hardships: homelessness, utility shutoff, eviction, or inability to meet basic necessities? If so, contact your loan servicer immediately to request hardship consideration.

0 coins

-

11d

Giovanni Rossi

I successfully navigated this exact situation last year! Here's what I did: Step 1: Called the Treasury Offset Program (TOP) at 1-800-304-3107 to verify if I was in the system Step 2: Discovered I was at risk of offset due to miscommunication with my servicer Step 3: Immediately contacted my loan servicer and entered a rehabilitation program Step 4: Filed my taxes slightly later (early March) after confirming my status was updated Step 5: Received my full refund with no offset The key was acting before the refund was processed. Once it's taken, it's much harder to get back.

0 coins

-

Aaliyah Jackson

Can you clarify what the rehabilitation program entailed? Was it income-based payments or something else? And how long did it take from entering rehabilitation to being removed from the offset list?

0 coins

-

11d

KylieRose

The Bureau of the Fiscal Service (BFS) manages the Treasury Offset Program that can reduce or withhold your federal tax refund. For student loans specifically, the system flags loans that have entered default status (270+ days delinquent) for federal loans. In 2023, the Department of Education's Fresh Start initiative temporarily removed many borrowers from offset status, but that program is winding down. You can verify your offset status by calling the TOP Interactive Voice Response (IVR) system at 1-800-304-3107. You'll need your SSN and will receive information about any potential offset. If you discover you're subject to offset, you can request a review or hearing before the offset occurs.

0 coins

-