The State of Iowa may take refunds to pay certain debts. This process is called offsetting refunds.

Debts that may be offset include:

• taxes owed the State of Iowa
• taxes owed the Internal Revenue Service
• unpaid child support
• overpayment of unemployment benefits
• fines owed to counties
• unpaid college aid loans
• food assistance / SNAP overpayment
• FIP overpayment
• any other debt owed to an Iowa state or municipal agency

Innocent Spouse Relief

If you file a joint return, and there is an amount due, both you and your spouse are totally and equally liable for the entire debt. If you have an outstanding liability, jointly or individually, and you file a return and are due a refund, regardless if there is an existing arrangement on the account by either party, these funds are still subject to being offset.  However, there is a process to follow if you believe your spouse (or former spouse) is responsible for the debt in question.

Iowa follows the Federal IRS determination of innocent spouse relief.  You should file IRS Form 8857 as soon as you become aware of a tax liability for which you believe only your spouse or former spouse should be held responsible. If relief is granted, you will be asked to provide your IRS Final Determination letter to request relief from your Iowa tax debt.

By requesting innocent spouse relief, you can be relieved of responsibility for paying tax, interest, and penalties if your spouse (or former spouse) improperly reported items or omitted items on your tax return. Generally, the tax, interest, and penalties that qualify for relief can only be collected from your spouse (or former spouse). However, you are jointly and individually responsible for any tax, interest, and penalties that do not qualify for relief.

Letter Sent to Taxpayer

When a refund is kept by the state to pay debt, a letter is sent to the taxpayer by the agency offsetting the money. For example, when a refund from an individual income tax return is used to pay back child support, the Department of Human Services will send a letter to the taxpayer.

More Than One Debt

A refund or payment may be taken to pay more than one debt; for instance, if a taxpayer owes College Aid money and also has an unpaid county fine. Each offsetting agency has up to 45 days to process their offset.

Remaining Refund

If an entire refund or payment is not needed to pay the debt, the remainder will be sent to the taxpayer. If direct deposit was requested, the remainder will be refunded by direct deposit.