Treasury Offset Program It allows federal and state government agencies to collect outstanding debts owed to them by garnishing, or offsetting, your debt with your tax refund. The TOP is the only way your refund can be garnished; private creditors such as credit card companies don’t have access to your tax refund.

Are garnishments taken before or after taxes?

Garnishment applies to your net income. This is the amount of an employee’s income left after required deductions such as taxes and Social Security contributions.

What does it mean when an employer garnishes your wages?

A wage garnishment (or wage attachment) is a court or government agency order that requires your employer to withhold a certain amount from your wages and to send it to your creditor. The percentage of wages that a creditor can garnish depends on the type of debt as well as federal and state garnishment limits (discussed below).

Can the IRS garnish my wages and still take my income tax refund?

You may rely on this money to pay bills or to plan a family vacation. However, if you have certain types of unpaid debts, the IRS can seize your federal or state income tax refund even if it’s already garnishing your wages. Depending on the type of unpaid debt, the IRS can garnish your wages and still take your tax refund.

Is there a wage garnishment law for bankruptcy?

The wage garnishment law specifies that its limitations on the amount of earnings that may be garnished do not apply to certain bankruptcy court orders, or to debts due for federal or state taxes. If a state wage garnishment law differs from Title III, the law resulting in the lower amount of earnings being garnished must be observed.

Is there a difference between a tax refund offset and wage garnishment?

Tax Refund Offset. If you qualify for a tax refund offset, the IRS holds all or a portion of that year’s refund total to pay a debt. Technically and legally, a tax refund offset and wage garnishment don’t have anything to do with one another. Just because your wages are garnished doesn’t mean your tax refund will be seized and vice versa.