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If I owe back taxes to the IRS, will the IRS take my state refund to pay it off?

Yes. The IRS might take your state refund only if you meet these three requirements:

  • The IRS assessed the tax and sent you a Notice and Demand for Payment.
  • You neglected or refused to pay the tax.
  • The IRS sent you these at least 30 days before the levy:
    • Final Notice of Intent to Levy
    • Notice of Your Right to a Hearing (levy notice)

If the IRS takes your state refund, you might receive one of these after the levy:

  • Notice of Levy on Your State Tax Refund
  • Notice of Your Right to Hearing

 

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