Title 48, Chapter 7, Section 164
( 48-7-164)
(a) Within a time frame specified by the department, a claimant
agency seeking to collect a debt through setoff shall supply the
information necessary to identify each debtor whose refund is sought
to be set off and shall certify the amount of the debt or debts owed
by each debtor. (b) If a debtor identified by a claimant agency is determined by the
department to be entitled to a refund of at least $25.00, the
department shall transfer an amount equal to the refund owed, not to
exceed the amount of the claimed debt certified, to the claimant
agency. When the refund owed exceeds the claimed debt, the
department shall send the excess amount to the debtor within a
reasonable time after the excess is determined. (c) At the time of the transfer of funds to a claimant agency
pursuant to subsection (b) of this Code section, the department
shall notify the taxpayer or taxpayers whose refund is sought to be
set off that the transfer has been made. The notice shall clearly
set forth the name of the debtor, the manner in which the debt
arose, the amount of the claimed debt, the transfer of funds to the
claimant agency pursuant to subsection (b) of this Code section and
the intention to set off the refund against the debt, the amount of
the refund in excess of the claimed debt, the taxpayer's opportunity
to give written notice to contest the setoff within 30 days of the
date of mailing of the notice, the name and mailing address of the
claimant agency to which the application for a hearing must be sent,
and the fact that failure to apply for a hearing in writing within
the 30 day period will be deemed a waiver of the opportunity to
contest the setoff. In the case of a joint return, the notice shall
also state the name of any taxpayer named in the return against whom
no debt is claimed, the fact that a debt is not claimed against such
taxpayer, the fact that such taxpayer is entitled to receive a
refund if it is due him regardless of the debt asserted against his
spouse, and that in order to obtain a refund due him such taxpayer
must apply in writing for a hearing with the claimant agency named
in the notice within 30 days of the date of the mailing of the
notice. If a taxpayer fails to apply in writing for a hearing within
30 days of the mailing of the notice, he will have waived his
opportunity to contest the setoff. (d) Upon receipt of funds transferred from the department pursuant
to subsection (b) of this Code section, the claimant agency shall
deposit and hold the funds in an escrow account until a final
determination of the validity of the debt. (e) The claimant agency shall pay the department for all costs
incurred by the department in setting off debts in the manner
provided in this article. |