Q.What is the income tax intercept system?
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The income tax refund intercept program helps the State of Alabama recover funds from individuals who have not paid debts owed to the State. In 1981, the Alabama Legislature passed an Act that authorized the Department of Revenue to intercept refunds from individuals owing balance to certain State agencies. The Act was amended in 2004 to add the Alabama Judicial System as one of those state agencies.
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Q.Why has my refund been intercepted?
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Your income tax refund was intercepted because you or someone with whom you filed a joint return owe an outstanding balance on a criminal or traffic case in State court. The Department of Revenue will forward the amount of your refund to the Administrative Office of Courts. The AOC will forward the amount of your refund to the Court Clerk of the county where the money is owed. The Court Clerk will apply the amount of the refund to the balance on the case.
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Q.Will this affect my Federal refund?
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No. Your Federal refund cannot be intercepted to satisfy a balance owed on a State court case.
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Q.My refund was intercepted last year. Why again?
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Because the balance of the debt was not satisfied, or you owe on another court case.
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Q.I recently paid this case. What should I do?
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If you paid your court ordered debt, your refund will be returned to you by the Court Clerk of the county where the court debt was originally owed. The Clerk will forward your refund amount to the home address you specified on your income tax return. This process could take up to 10 weeks or more.
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Q.If I still owe money on the case, to whom should I pay the balance?
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You should make payments to the Court Clerk of the county where the money is owed. DO NOT forward payment to the Administrative Office of Courts. Please note that the Court System will have your most recent address on file. In the event a Failure to Pay Warrant has been issued, the authorities executing on the warrant will utilize the Court System information system to obtain your most recent address. It is in your best interest to pay off any remaining balance(s).
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Q.Why weren’t my refunds intercepted in past years?
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The Court System was not authorized by law to intercept refunds until 2005 for tax year 2004.
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Q.I filed a joint return. The debt belongs to another individual on the return. What should I do?
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If the debt is not yours, but belongs to another individual on the return, then you are entitled to your portion of the refund. If you want your portion of the refund sent to you and do not want the entire amount paid on the joint filer’s case, then you should send a copy of your Income Tax Return Form 40 or 40A and all W-2 Forms to:
Income Tax Intercept Division 300 Dexter Avenue Montgomery, AL 36104
Note: If you did not earn any of the income, then you are not entitled to any portion of the refund. Any portion of the refund belonging to the joint filer/debtor will be forwarded to the Court Clerk for payment. The process for reimbursement of your portion of the refund could take up to 10 weeks or more.
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Q.Has interest been added to my court ordered debt?
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No. Interest is not added to the debt.
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Q.I have not received a letter from the Alabama Dept. of Revenue. What should I do?
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Letters are only mailed at certain times. Please allow two weeks. If you have not received a letter within two weeks, please call our Tax Intercept Service Center at (334) 954-5005.
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Q.I filed bankruptcy and do not owe this debt.
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Unless the Bankruptcy Court specifically ordered a discharge of all criminal fines and court costs then this debt remains outstanding. You may fax the court order to our Tax Intercept Service Center at (334)954-5203 in order for this to be reviewed.
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Q.Why were my taxes intercepted if I was making weekly or monthly payments on my court ordered debt?
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Even though payments are being made, there is still an outstanding court ordered debt.
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