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Old 01-27-2011, 01:14 PM
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FMS Offset to refunds

I need help I can't seem to find anyone that can tell me if when you have a debt for state sales tax placed with FMS for offset of your tax refund does this cause a delay in depositing the remainder? I am scheduled to have my refund deposited tomorrow 01/28/2011, I know the IRS has sent the refund to FMS to be deposited, I just need to know do they just take out what you owe and deposit the rest?



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Old 01-28-2011, 06:34 AM
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“I am scheduled to have my refund deposited tomorrow 01/28/2011, I know the IRS has sent the refund to FMS to be deposited, I just need to know do they just take out what you owe and deposit the rest?”---> Internal Revenue Code (IRC) section (§) 6402 (a), (c), (d) and (e) require a taxpayer's overpayment to be applied to any outstanding Federal tax, non-tax child support, Federal agency non-tax debt, or State income tax obligation prior to crediting the overpayment to a future tax or making a refund. Refund offset occurs after a refund is certified by Internal Revenue Service (IRS) for payment by FMS, but before the refund check is issued or direct deposit is transferred to the taxpayer's bank account.
Please visit the IRS website here; Internal Revenue Manual - 21.4.6 Refund Offset
United States Code: Title 26,6402. Authority to make credits or refunds | LII / Legal Information Institute



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