# So Now, NY State can levy your federal income tax return if you owe them back taxes **URL:** \ **Category:** The BBQ Pit\ **Created:** [May 1, 2015, 7:58pm UTC](https://boards.straightdope.com/t/so-now-ny-state-can-levy-your-federal-income-tax-return-if-you-owe-them-back-taxes/719041 "2015-05-01T19:58:24Z")\ **Posts on this page:** 10\ **Page:** 2
**Author:** ![RTFirefly](https://avatars.discourse-cdn.com/v4/letter/r/c77e96/32.png) [@RTFirefly](https://boards.straightdope.com/u/RTFirefly)\ **Post date:** [May 4, 2015, 3:10pm UTC](https://boards.straightdope.com/t/so-now-ny-state-can-levy-your-federal-income-tax-return-if-you-owe-them-back-taxes/719041/21 "2015-05-04T15:10:39Z")
Let’s see if I can translate the OP into English: OP’s hubby owes back taxes to the state of New York, which he’s been paying off under a payment plan. Based on 2014 alone (which was also their first year filing jointly) they were expecting a small tax refund from NY, and a much larger refund from the Feds. Then NY sends them a bill for 2014 that’s basically what hubby owes from back years (minus the small refund they were expecting, which doesn’t affect the calculus much). And NY says it can garnish the Federal refund in order to collect payment of what they’re owed, which they proceed to do. Bye-bye Federal refund. * * * OK, I’m not seeing jackbooted thuggery here. NY was willing to agree to a payment plan based on hubby’s income at the time. But then OP and hubby have what would be regarded by the NY taxing authorities as a windfall coming their way, and NY wants to be made whole now, since they’ve got the money, rather than waiting. Makes sense to me. ---
**Author:** ![PunditLisa](https://avatars.discourse-cdn.com/v4/letter/p/4af34b/32.png) [@PunditLisa](https://boards.straightdope.com/u/PunditLisa)\ **Post date:** [May 4, 2015, 6:46pm UTC](https://boards.straightdope.com/t/so-now-ny-state-can-levy-your-federal-income-tax-return-if-you-owe-them-back-taxes/719041/22 "2015-05-04T18:46:44Z")
> [@RTFirefly](#): > > Let’s see if I can translate the OP into English: > > OP’s hubby owes back taxes to the state of New York, which he’s been paying off under a payment plan. See, I assumed it was federal back taxes, but I don’t know why I assumed that. > [@RTFirefly](#): > > OK, I’m not seeing jackbooted thuggery here. NY was willing to agree to a payment plan based on hubby’s income at the time. But then OP and hubby have what would be regarded by the NY taxing authorities as a windfall coming their way, and NY wants to be made whole now, since they’ve got the money, rather than waiting. > > Makes sense to me. Yeah, it makes sense to me, too, even though I can climb on board the “I hate taxes” bandwagon. ---
**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\ **Post date:** [May 4, 2015, 6:49pm UTC](https://boards.straightdope.com/t/so-now-ny-state-can-levy-your-federal-income-tax-return-if-you-owe-them-back-taxes/719041/23 "2015-05-04T18:49:48Z")
You gotta pay your taxes. And when you get married and file jointly, what’s his is yours and what’s yours is his. Welcome to the land of the matrimony! ---
**Author:** ![MissTake](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/misstake/32/3189_2.png) [@MissTake](https://boards.straightdope.com/u/MissTake)\ **Post date:** [May 4, 2015, 9:14pm UTC](https://boards.straightdope.com/t/so-now-ny-state-can-levy-your-federal-income-tax-return-if-you-owe-them-back-taxes/719041/24 "2015-05-04T21:14:13Z")
Don’t wait for the form to be sent to you - [IRS 8379](http://www.irs.gov/uac/Form-8379,--Injured-Spouse-Allocation). ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [May 4, 2015, 9:44pm UTC](https://boards.straightdope.com/t/so-now-ny-state-can-levy-your-federal-income-tax-return-if-you-owe-them-back-taxes/719041/25 "2015-05-04T21:44:59Z")
> [@Stringbean](#): > > Good thing I live in Texas, where cost-of-living is low, jobs are plentiful, and the state doesn’t stick its grubby hands into my income. But the State can murder anyone they like, and it’s filled to the brim with threadshitting assholes like you. ---
**Author:** ![BaldDudePeekskill](https://avatars.discourse-cdn.com/v4/letter/b/b5e925/32.png) [@BaldDudePeekskill](https://boards.straightdope.com/u/BaldDudePeekskill)\ **Post date:** [May 5, 2015, 11:35am UTC](https://boards.straightdope.com/t/so-now-ny-state-can-levy-your-federal-income-tax-return-if-you-owe-them-back-taxes/719041/26 "2015-05-05T11:35:16Z")
> [@Omar\_Little](#): > > You gotta pay your taxes. And when you get married and file jointly, what’s his is yours and what’s yours is his. Welcome to the land of the matrimony! So true. Now I know why gay marriage is tolerated! More money. I guess what irks me is that there wasn’t even a notification. When I noted that refund was overdue, I had to spend 58 minutes on hold, after much phone prompt hell to find this out. I mean, you’re taking an extra 15 bucks from me, fine. You levy a very large refund in the thousands of dollars and don’t deign to actively notify me? I understand well the benefits and pratfalls of legal marital status, however…these little maneuvers are not exactly transparent to the average taxpayer. Ever try to decipher the IRS website. Fun. Oh, and if the words are, “May garnish, may levy, may impose”…that really is translated to will garnish, will levy, will impose. ---
**Author:** ![Anne\_Neville](https://avatars.discourse-cdn.com/v4/letter/a/b9e5f3/32.png) [@Anne\_Neville](https://boards.straightdope.com/u/Anne_Neville)\ **Post date:** [May 5, 2015, 4:31pm UTC](https://boards.straightdope.com/t/so-now-ny-state-can-levy-your-federal-income-tax-return-if-you-owe-them-back-taxes/719041/27 "2015-05-05T16:31:50Z")
> [@beowulff](#): > > Sounds wonderful, except for the whole “Living in Texas” part. Too many exes there? 😉 ---
**Author:** ![gigi](https://avatars.discourse-cdn.com/v4/letter/g/a587f6/32.png) [@gigi](https://boards.straightdope.com/u/gigi)\ **Post date:** [May 5, 2015, 6:57pm UTC](https://boards.straightdope.com/t/so-now-ny-state-can-levy-your-federal-income-tax-return-if-you-owe-them-back-taxes/719041/28 "2015-05-05T18:57:13Z")
> [@BaldDudePeekskill](#): > > but the new law allows them to attach whatever is left from any return and apply to the outstanding, I’m fine with the idea of NY state doing that The title of your thread would suggest otherwise. 😕 ---
**Author:** ![PunditLisa](https://avatars.discourse-cdn.com/v4/letter/p/4af34b/32.png) [@PunditLisa](https://boards.straightdope.com/u/PunditLisa)\ **Post date:** [May 5, 2015, 8:06pm UTC](https://boards.straightdope.com/t/so-now-ny-state-can-levy-your-federal-income-tax-return-if-you-owe-them-back-taxes/719041/29 "2015-05-05T20:06:16Z")
My friend at work just had her $640 federal refund co-opted by the State of Ohio for taxes due from 2010…of $150. She actually got a refund in 2010, however, she was married then. (She’s always filed as married but filing separately.) He says he’s never owed money, but it’ll take several months before it’ll get untangled. ---
**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\ **Post date:** [May 5, 2015, 10:14pm UTC](https://boards.straightdope.com/t/so-now-ny-state-can-levy-your-federal-income-tax-return-if-you-owe-them-back-taxes/719041/30 "2015-05-05T22:14:11Z")
> [@BaldDudePeekskill](#): > > When we called NYS today, there was a lovely prerecorded message indicating that there’s a new rule that allows NY state to levy all of your federal return in payment against the state returns. Without your knowledge, without your consent. Wait, you don’t mean “return,” you mean “refund,” right? The “return” is the form you file with your W2 and such attached. [Previous page](https://boards.straightdope.com/t/so-now-ny-state-can-levy-your-federal-income-tax-return-if-you-owe-them-back-taxes/719041.md?page=1)