Treasury Refund Offsets

Under federal law, the Louisiana Department of Revenue can garnish federal income tax refunds to reduce or pay income tax debt owed to the state. To garnish a federal income tax refund, the Department files an offset claim with the United States Department of the Treasury. The Department can do this under the following conditions:

• It has been more than 180 days, but less than 10 years, since the assessment date (the date the debt was officially considered due)
• The Department sent a “notice of intent to offset” letter 60 days before filing the offset claim
• This letter is sent by certified mail to the taxpayer’s last known address
• The taxpayer is not in bankruptcy

When federal government sends offset funds directly to the Department of Revenue, the Dept. of the Treasury sends the taxpayer a “notice of payment offset” letter. The Department applies the payment to the taxpayer’s state income tax debt. The Department of Revenue cannot garnish Social Security income to offset a state income tax debt.

If you have any further questions you may contact us at 1-855-307-3983 or by email Income.Tax@la.gov.