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We live in Maryland. My husband has an installment to pay back taxes to the IRS. Will the IRS levy our state refund?

Baltimore, MD |

The IRS has never taken our state refund before. Did they change any laws for tax refunds I should know about?

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Filed under: Tax lien Debt Tax law
Attorney answers 3


It depends. If your husband is in the type of installment agreement that provides for the full repayment of federal taxes within 72 months, the IRS will not intercept your state refund. On the other hand, if the taxes won't be repaid within 72 months, the IRS may intercept your state tax refund.

You should speak with a local tax attorney to thoroughly review the details of your husband's installment agreement. Good luck.

This comment does not create an attorney-client relationship. It is a general comment that should in no way be construed as legal advice.


The IRS will take your refund on a long-term plan, but will not for some shorter term plans. This language is usually conspicuously stated in the Installment Agreement itself.


As my colleagues stated it depends upon the type of installment agreement.

This answer is based on general legal principles only and is not intended to provide specific legal advice. This answer is for informational purposes only and does not constitute the formation of a lawyer-client relationship. Any reader of this answer should not make decisions based upon in without first directly consulting with an attorney