Tax Refund Desk

Offsets and Reduced Refunds

Student loan offset: will your 2027 tax refund be taken

Short answer

Student loan offsets of tax refunds are on hold. The Education Department restarted Treasury offsets for defaulted federal student loans on May 5, 2025, then announced on January 16, 2026 a temporary delay of involuntary collections with no end date. Whether offsets will apply to refunds in the 2027 filing season has not been announced, so borrowers in default should act now.

01Offsets restarted
May 5, 2025
02Delay announced
January 16, 2026 (no end date given)
03Status for the 2027 filing season
Not yet announced
04Debt type in Treasury terms
Federal non-tax debt
05Where defaulted borrowers go
Default Resolution Group, myeddebt.ed.gov

Where student loan offsets stand now

As of September 2026, the Department of Education is not using the Treasury Offset Program to take tax refunds for defaulted federal student loans. On January 16, 2026 it announced a delay of involuntary collections, naming both the Treasury Offset Program and administrative wage garnishment. The press release gave no end date, and the page had not been updated with one when it was last reviewed on August 27, 2026.

That leaves the 2027 filing season, when tax year 2026 refunds are paid, open. No announcement says whether a student loan offset will apply to those refunds. We will update this page when the Department publishes a restart date or extends the delay.

Student loan offsets from restart to pause
Student loan offsets from restart to pause

What the Education Department announced, and why student loan offsets are suspended

The Department said it paused collections so it could put in place repayment changes made by the Working Families Tax Cuts Act. Those include a new income-driven repayment plan that began July 1, 2026, with unpaid interest waived for on-time payers and a Department contribution in some cases. The Department also pointed to a second chance at loan rehabilitation for defaulted borrowers, where the old rules allowed only one.

The pause does not erase defaults. The Department said it continues to report defaulted loans to the credit bureaus and urged borrowers in default to contact their servicer during the delay.

Student loan offset 2025 to 2026 timeline
DateEventSource
May 5, 2025Treasury offsets for defaulted federal student loans restartEducation Department, StudentAid.gov
January 16, 2026Education delays TOP offsets and wage garnishmentEducation Department press release
July 1, 2026New income-driven repayment plan beginsEducation Department press release
August 27, 2026Announcement last reviewed; no end date listedEducation Department press release
2027 filing seasonOffset status not yet announcedNone published

How a student loan tax offset works when collections are on

In Treasury terms a defaulted federal student loan is a non-tax student loan offset, the same category as other debts owed to federal agencies. It comes after federal tax debts and child support in the payment order set by 26 U.S.C. 6402, but ahead of state income tax debts. Up to 100% of a federal tax refund can be taken.

Federal agencies must mail a notice of intent at least 60 days before referring a debt to the Treasury Offset Program, and must refer non-tax debts more than 120 days delinquent. A borrower who got a notice in 2025 may still be listed in the database. Referral alone does not mean money will be taken while the pause lasts, but the listing can remain until the Department recalls it.

Our tax refund offset overview lists every debt type and the notices each one produces, and child support refund offsets explains the debt that is paid ahead of student loans.

How to avoid a student loan offset on your 2027 refund

The pause is temporary, so treat it as a window to fix the default rather than a reason to wait. The Education Department names three routes out of default: loan rehabilitation, enrolling in an income-driven repayment plan, and making monthly payments under an agreement.

Before you file in 2027 with a defaulted loan
Before you file in 2027 with a defaulted loan
  1. Log in to StudentAid.gov and confirm which loans are in default and who holds them.
  2. Contact the Default Resolution Group at myeddebt.ed.gov, or your servicer for loans not held there.
  3. Ask for rehabilitation terms or an income-driven payment amount, and get the agreement in writing.
  4. Ask how long it takes for the loan's Treasury referral to be recalled once you are in good standing.
  5. Keep your payment confirmations, since they are your evidence if an offset happens anyway.
  6. If you file jointly and only your spouse has the defaulted loan, prepare Form 8379 before you file.

If your refund was already taken for a student loan

Offsets taken between May 2025 and the January 2026 pause went to the Department of Education to reduce the loan balance. The pause announcement covers future collections. It did not say that offsets already taken would be returned.

  • Wrong person, paid off or discharged loan: dispute with the Department using the contact on the Bureau of the Fiscal Service offset letter.
  • Joint return, loan belongs to your spouse: file Form 8379 to get your share back. See our injured spouse Form 8379 guide.
  • Returned money: if the Department agrees to reverse an offset, see how it appears in refund offset reversals.
  • No letter: call the Treasury Offset Program automated line to confirm which agency took the refund, as described on our Treasury Offset Program page.

Common questions

Will my 2027 tax refund be taken for student loans?

Not yet known. The Education Department delayed Treasury offsets on January 16, 2026 without an end date, and it has not said whether offsets will resume for refunds paid in the 2027 filing season.

Are student loan offsets paused in 2026?

Yes. Involuntary collections, including tax refund offsets and wage garnishment, have been on hold since the January 16, 2026 announcement. Defaults are still reported to credit bureaus.

How do I stop a student loan offset?

Get the loan out of default through rehabilitation, an income-driven repayment plan or a payment agreement with the Default Resolution Group, and confirm the Treasury referral is recalled before you file.

Can a student loan offset take my spouse's part of our refund?

It can take the whole joint refund, but a spouse who does not owe the loan can file Form 8379 to recover their share.

Do I get a notice before a student loan tax offset?

Yes. A federal agency must send a notice of intent at least 60 days before referring a debt to the Treasury Offset Program, explaining the debt and your rights to review and repay it.

Sources

  1. Education Department delays involuntary collections (January 16, 2026) ed.gov
  2. Education Department to begin federal student loan collections (2025) ed.gov
  3. StudentAid.gov, Treasury offset studentaid.gov
  4. BFS, How TOP works fiscal.treasury.gov
  5. 26 U.S.C. 6402, Authority to make credits or refunds law.cornell.edu

We check figures against these official pages. Rules change; confirm anything that affects a deadline or payment with the agency before you act.

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