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Yes, SS benefits are not exempted from collection of tax arrearages. The IRS has been known to seize the entire amount of SS benefits, but that is unusual, generally they will try to work with the tax payer to establish a payment amount/plan that is feasible. Never, ignore any type of IRS correspondence.

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15y ago
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11y ago

Yes for Federal tax but not for State tax...

From the SSA web site;

Social Security will garnish benefits:

  • To enforce child support or alimony obligations under 42 USC 659.
  • To enforce a valid garnishment for court-ordered victim restitution under 18 USC 3613.
  • To collect unpaid federal taxes under 26 USC 6334(c).
  • To have a portion of your check withheld to satisfy a current year federal income tax liability under 26 USC 3402 (P).
  • Other federal agencies will offset benefits to collect money from benefits to pay a non-tax debt owed to that agency according to the Debt Collection Act of 1996 (Public Law 104-134).

If a creditor other than the federal government tries to garnish your Social Security benefits, such an action violates Section 207 of the Social Security Act (42 U.S.C. 407).

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Q: Can social security benefits be garnished for state or federal tax debt?
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Can your Social Security check be taken for restitution from an accident?

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