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Will Student Loans Take My Tax Refund 2020

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American Opportunity Tax Credit

Will the IRS take your tax return if you owe federal student loans? | VERIFY

The American Opportunity Tax Credit is available for first-time college students during their first four years of higher education. It allows you to claim 100% of the first $2,000 of qualifying education expenses, then 25% on the next $2,000 spent for a total of up to $2,500. If you’re a parent, you can claim the AOTC per eligible student in your household, as long as they’re listed as a dependent.

To claim the full credit in 2021, your MAGI must have been $80,000 or less . If your MAGI was between $80,000 and $90,000 , you might have qualified for a partial credit.

The AOTC is a refundable credit, which means if it lowers your income tax to less than zero, you might be able to get a refund on your taxes or increase your existing tax refund.

Where Biden’s Student Loan Forgiveness Currently Stands

On Aug. 24, 2022, President Biden announced widespread federal student loan forgiveness for millions of borrowers. Eligible borrowers fall below the income levels of $125,000 for individuals and $250,000 for families and can receive the following:

  • Up to $20,000 of student debt cancellation for Pell grant recipients
  • Up to $10,000 of student debt cancellation for most other non-Pell borrowers

This also includes extended forbearance until the end of 2022, so those who still have federal student loan payments after accounting for the forgiveness will not have to make payments until the beginning of 2023.

This move also includes a revamp of the income-driven repayment plan system for undergraduate loans. Monthly payments are being reduced from 10% of monthly income to 5%, along with other tweaks that will lower payments for those on income-driven repayment plans.

Terms apply.

Has The Student Loan Payment Freeze Been Extended

The payment freeze has been extended one last time, until Dec. 31. The freeze started in 2020 as a way to help people struggling financially during the COVID-19 pandemic and its been extended several times since. It was set to expire Aug. 31.

Interest rates will remain at 0% until repayments start. Under an earlier extension announced in April, people who were behind on payments before the pandemic automatically will be put in good standing.

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How Long Does It Take To Get Your Tax Refund

Most refunds are issued in less than 21 days, but some refunds may take longer for a variety of reasons. Taxpayers can track their refund through Where’s My Refund? on IRS.gov or by downloading the IRS2Go mobile app where you’ll get a personalized refund date as early as 24 hours after your tax return is e-filed.

When Your Tax Refund Cant Be Garnished

Will Irs Take My Refund For Student Loans 2021

Here are a few examples of when the government might not be able to garnish your income tax refund:

  • Your school closes. If the school you took out federal student loans to attend closes while youre enrolled or soon after you withdraw, you may be eligible to have your federal student loans discharged. Once your loans are discharged, youre no longer required to repay your federal student loans and therefore cant be in default or have your tax refund garnished.
  • You file for bankruptcy. Filing for bankruptcy can remove your student loans from default. If you recently filed for bankruptcy or are about to file for bankruptcy, find out whether or not your federal student loan debt qualifies for default any longer.
  • You experience a total and permanent disability. Federal student loans can be discharged and as a result not go into default if you experience a total and permanent disability.

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Is The Forgiven Student Loan Debt Taxable

Not on the federal level. This debt relief will not be considered taxable income for federal income tax purposes because of a provision in the American Rescue Plan passed in March 2021.

However, some states â like Arkansas, Minnesota, North Carolina, and Wisconsin â may consider it taxable income.

How Do You Request A Tax Refund Offset Reversal For Financial Hardship

Proving youre experiencing extreme financial hardship takes work and requires a lot of follow-ups, but its not impossible. The following process applies for student loans and can be used to try and reverse a tax refund offset.

  • Step 1: Identify who took your tax refund.

  • Step 2: Contact the company that took your return fund to find what information you need to submit .

  • Step 3: Submit the necessary information.

  • Step 4: Follow-up to confirm that they received the necessary information.

  • Step 5: Wait to see if they approved your hardship request.

How do I dispute a tax refund offset? To dispute a tax refund offset, youll need to prove youve experienced hardship that prevents you from making your student loan payments. This may entitle you to a hardship refund.

Your loan holder or the collection agency will want to know the details of the hardship youre facing. Depending on the agency, they may accept any of the following as proof of extreme financial hardship:

  • Notice of a pending eviction or foreclosure

  • Utility disconnection or shutoff

  • Exhausted unemployment benefits

To get your refund back, youll need to be able to prove that you are having severe financial difficulty.

How do you complete the hardship packet?

How long does it take for a tax offset to be removed?

It can take up to 6-8 weeks to get a tax refund reversed after its been offset for student loan debt. However, a tax refund offset reversal can take up to six months for a jointly filed return.

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Should You File Jointly Or Separately

Income-driven repayment plans may be negatively impacted by filing jointly although REPAYE plans do not distinguish between filing jointly or single. If you file jointly, the other 3 IDR plans determine income-driven monthly payments based on both spouses incomes.

If you want to benefit from PAYE, IBR, or ICR repayment plans, filing separately should lower your monthly payment. However, filing separately may increase the cost of tax filing.

To figure out which option is better for you:

  • Calculate how much your monthly payment would be under the IDR plan of your choice.

  • Calculate how much extra you would have to pay to file taxes separately .

  • Determine which option would save you more money in the long run.

  • Learn More:

    How To Prevent Tax Offsets

    VERIFY: Will the IRS take your tax return if you owe federal student loans?

    If youre approaching or in default on your federal student loans, its best to take action so they are not still in default come tax season. That means either curing the default through default rehabilitation or consolidation or entering into a repayment plan with more affordable monthly payments so you can work to stay current.

    If you’re not quite sure where to start or what to do, consider hiring a CFA to help you with your student loans. We recommend The Student Loan Planner to help you put together a solid financial plan for your student loan debt. Check out The Student Loan Planner here.

    We break down the process to get out of default here: How To Get Out Of Student Loan Default In 5 Easy Steps.

    We’d appreciate hearing your thoughts and experience in the comments below.

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    How To Get A Student Loan Refund If You Paid During The Pandemic

    NEW YORK When President Joe Biden announced a plan to forgive student loan debt, many borrowers who kept making payments during the pandemic wondered if theyd made the right choice.

    Borrowers who paid down their debt during a pandemic freeze that started in March 2020 can in fact get a refund and then apply for forgiveness but the process for doing that hasnt always been clear.

    If you think youre eligible, heres what you need to know:

    How To Prevent Your Tax Refund From Being Seized

    Once regular loan collection rules are reinstated, you might not get a tax refund if you owe student loans in default. If youre worried about losing your tax refund in the future, heres what you can do to avoid it.

    • Reach out to your servicer for repayment plan alternatives. If youd like a more manageable monthly payment plan, talk to your loan servicer to see whether youre eligible for an income-driven repayment plan. These plans can reduce your monthly paymentsometimes as low as $0 per monthbased on your adjusted gross income and family size.
    • Ask about hardship options. If youre facing a sudden loss of income or are unable to make on-time payments for an extended period, ask your loan servicer about hardship deferment or forbearance options. Generally, interest continues to accrue during this time, but you could temporarily pause your payments until your finances stabilize.
    • Request a refund for an administrative offset. If youre facing hardship and your tax refund or other money was withheld, you might be eligible for a refund for collections that occurred after March 13, 2020. For more information, contact the Department of Educations Default Resolution Group online or at 1-800-621-3115.

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    Are Tax Refunds Not Being Taken Due To The Coronavirus

    Collection activities are currently paused for all federal student loans and commercially held FFEL debt, which could protect your 2021 refunds. The Department of Education has said that borrowers with loans in default will be given the opportunity to enter a payment plan which would prevent tax refund garnishment before collection activities restart.

    » MORE:These federal student loan borrowers aren’t getting relief

    Relief checks issued due to the coronavirus pandemic also aren’t being taken for defaulted federal loans. But your check could be at risk if a judge has allowed a lender to garnish your bank account due to a defaulted private student loan.

    » MORE: Don’t let your relief check disappear into your debts

    What Happens If You Don’t Stop A Tax Offset

    Tax Return Student Loans Credit

    Your student loan holder will be able to seize your refund and your future refunds until the tax offset stops.

    You can get federal student loans back in good standing through rehabilitation and consolidation, which will also stop other consequences of default like wage garnishment. Rehabilitation takes longer to complete, but you dont have to finish the process to prevent future garnishment. You just have to make payments in line with your agreement.

    » MORE: Is a student loan settlement possible for you?

    If you missed your review window or already had your refund seized, you should still contact your loan holder to see under what circumstances you can receive some or all of your money back. Loan holders have their own policies for these situations.

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    Will Student Loan Forgiveness Definitely Happen

    Things could get more complicated, depending on the outcomes of several legal challenges. The Biden administration faces a growing number of lawsuits attempting to block the program, including one filed by six Republican-led states.

    A federal judge in St. Louis is currently weighing the states request for an injunction to halt the plan. Biden on Monday said hes confident that the suit will not upend the plan. Our legal judgment is that it wont, he said, but theyre trying to stop it.

    RELATED: Federal judge weighs effort to halt student loan forgiveness

    What Repayment Plan Is The Department Of Education Proposing

    The Department of Education has proposed a repayment plan that would cap monthly payments at no more than 5% of a borrowers discretionary income, down from 10% now. Borrowers will need to apply for the repayment plan if its approved, which could take a year or more.

    For example, under the proposal, a single borrower making $38,000 a year would pay $31 a month, according a government press release.

    The amount considered non-discretionary income will also be increased, through the department has not said how much.

    Discretionary income usually refers to what you have left after covering necessities like food and rent, but for student loan repayment purposes its calculated using a formula that takes into account the difference between a borrowers annual income and the federal poverty line, along with family size and geographic location.

    Whats tough about income-driven repayment is that it does not take into account your other liabilities, such as your rent payment, said Kristen Ahlenius, a financial counselor at Your Money Line, which provides financial literacy training. If someones living paycheck to paycheck and their rent is taking up half of their paycheck and then their car payment takes the other, they have to choose. Unfortunately, income-driven repayment doesnt take that into consideration, but it is an option.

    Student Debt Relief offers a calculator to help determine your discretionary income.

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    Will Student Loans Take My 2021 Tax Refund

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    If you default on a federal student loan, your tax refunds can be taken to help cover what you owe. However, the government has paused this program and other collection activities.

    Payments are also paused on all federal student loans through Dec. 31, 2022.

    After that relief ends, the best way to stop student loans from taking your refund is to address the default before filing your tax return. Once your money is gone, it’s much harder to get it back.

    Will Your Tax Refund Be Garnished

    Spending your tax refund

    You must have federal student loans in default to have your tax refund garnished. Federal student loans enter default after 270 days of past-due payments. Private student loans in default aren’t eligible for tax refund garnishment.

    If your tax refund is subject to garnishment, youll receive a letter from your loan holder saying it has referred your account to the Treasury Offset Program, or TOP. This is the part of the U.S. Department of the Treasury tasked with taking federal payments to cover delinquent debts owed to government agencies, such as past-due child support and defaulted student loans.

    Your loan holder will send you a tax offset notice before your refunds are seized. This typically happens months before you file your return, so you have time to take action. But you might receive that notice only once.

    For example, say you had a loan default in January 2020. By November, you likely would have heard that your 2020 refunds would be offset. That might not have happened because of coronavirus relief measures. The same thing could happen for 2021. Still, if you don’t address the defaulted loan, your 2021 refunds could be seized without additional notice.

    You can’t dispute tax garnishment on the grounds of not receiving the offset notice. Check that your loan holder has up-to-date contact information for you. If you’re not sure who holds your loans, log in to your account at studentaid.gov. The Treasury Department will contact you after the offset.

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    Topic No 456 Student Loan Interest Deduction

    Student loan interest is interest you paid during the year on a qualified student loan. It includes both required and voluntarily pre-paid interest payments. You may deduct the lesser of $2,500 or the amount of interest you actually paid during the year. The deduction is gradually reduced and eventually eliminated by phaseout when your modified adjusted gross income amount reaches the annual limit for your filing status.

    You claim this deduction as an adjustment to income, so you don’t need to itemize your deductions.

    You can claim the deduction if all of the following apply:

    • You paid interest on a qualified student loan in tax year 2021
    • You’re legally obligated to pay interest on a qualified student loan
    • Your filing status isn’t married filing separately
    • Your MAGI is less than a specified amount which is set annually and
    • Neither you nor your spouse, if filing jointly, can be claimed as dependents on someone else’s return.

    A qualified student loan is a loan you took out solely to pay qualified higher education expenses that were:

    • For you, your spouse, or a person who was your dependent when you took out the loan
    • For education provided during an academic period for an eligible student and
    • Paid or incurred within a reasonable period of time before or after you took out the loan.

    See Publication 970, Tax Benefits for Education, the Instructions for Form 1040 or the Instructions for Form 1040-NR to determine if your expenses qualify.

    Student Loan Forgiveness Application Officially Opens: 10 Things You Should Know

    The application for student loan debt relief, provided by the U.S. Department of Education as part of the Biden-Harris administration plan, is officially open.

    STATEN ISLAND, N.Y. Millions of Americans with student debt can now apply for student loan forgiveness of up to $20,000.

    The application officially became available on Monday just a few days after a beta test version was launched on Saturday. Borrowers have a little over a year to apply for student loan debt relief.

    The one-time relief is provided by the U.S. Department of Education as part of the Biden-Harris administration student debt relief plan.

    Heres what to know as you apply.

    What is federal student loan debt relief?

    Its a program that provides eligible borrowers with full or partial discharge of loans up to $20,000 to Federal Pell Grant recipients and up to $10,000 to non-Pell Grant recipients.

    Who is eligible?

    Individuals who made less than $125,000 in 2021 or 2020, and families who made less than $250,000 in 2021 or 2020, are eligible for relief. You need to meet the income criteria for either 2020 or 2021, but you dont need to meet it for both years.

    If you filed federal taxes, your income requirements are based on your adjusted gross income , which tends to be lower than your total income. Your AGI can be found on line 11 of the IRS Form 1040.

    How do I apply for student loan relief?

    You can apply for relief until Dec. 31, 2023.

    What loans are eligible?

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