Notice CP42: IRS Notice CP42 — Why Your Refund Was Taken and Who Has It
Notice CP42 doesn't mean the IRS took your refund for a tax debt — it means another federal agency did. This notice confirms that your refund was offset to satisfy a non-tax debt like unpaid student loans, child support, or other federal obligations. The IRS is acting as a pass-through under the Treasury Offset Program (TOP). Your dispute isn't with the IRS — it's with the agency that submitted the debt.
What the Treasury Offset Program Does
Under 31 U.S.C. § 3716, the Bureau of Fiscal Service (BFS) is authorized to reduce federal payments — including tax refunds — to collect debts owed to federal and state agencies. Common TOP debts include:
Federal student loan defaults
State-owed child support arrears
Unemployment compensation overpayments
Other federal agency debts
CP42 tells you how much was taken and which agency collected it.
Your 3-Step Action Checklist
Identify the collecting agency. The notice should reference the agency. If not, call the Bureau of Fiscal Service at 1-800-304-3107.
Dispute the underlying debt. If you believe the debt is wrong, settled, or not yours, you must contact the collecting agency directly — not the IRS.
Verify the amount offset. Confirm the BFS applied the correct amount and that any remaining refund was released to you.
When a Tax Attorney Helps
If the underlying debt is disputed — especially an old student loan or a child support calculation error — navigating federal agency channels can be frustrating. We help clients identify the correct dispute process, prepare written challenges to incorrectly reported debts, and coordinate with multiple agencies when necessary.
Call our office if you believe the offset was applied incorrectly or the underlying debt shouldn't be yours.