Defaulting borrowers risk 2026 tax refund

President Donald Trump said in December that changes to the “big, beautiful bill” could make this spring the “biggest tax refund season in history.” But if student loan borrowers are behind on their payments, they may be missing out on that opportunity.

That’s because if you default on your federal student loans, the U.S. Department of Education can seize your entire tax refund, including the child tax credit and earned income tax credit. According to recent estimates from advocacy group Protect Borrowers, about 9 million education loan holders are currently in default.

The Trump administration announced in April that it would restart the Department of Education’s collection efforts after a nearly five-year hiatus that began during the coronavirus pandemic. Some borrowers reported having their refunds garnished last year, but experts say this year marks the first time student loan debt collection will resume in earnest.

In addition to garnishing tax refunds, the federal government can also garnish a debtor’s wages and Social Security benefits.

Betsy Mayotte, president of the nonprofit Association of Student Loan Advisors, said tax season is a “heartbreaking time of year” for many student loan holders.

“Many defaulting borrowers also have financial difficulties in other areas and often rely on repayments to cover other bills, such as rent or car payments,” Mayotte said. “Learning that your refund has been issued in full can be a serious blow.”

As of Dec. 26, the average refund for individual returns during the 2025 filing season was $3,167, up slightly from $3,138 in 2024, according to the latest IRS data.

More than 42 million Americans have student loans, totaling more than $1.6 trillion in debt.

Defaulting borrowers still have time to take steps to protect their tax refunds this year, experts say. Here’s what you need to know:

Nancy Nierman, assistant director of New York’s Education Debt Consumer Assistance Program, said borrowers worried about the fate of their tax refunds should first figure out exactly how far behind they are.

“Unless you actually default, you’re not subject to collections,” Nearman said. “Borrowers may think they are in default, but they must be at least nine months behind on payments before the loan moves to this status.”

You can see how far behind you are by logging into your account at Studentaid.gov. If your debt is officially in default, you may see a pink banner on your dashboard.

“If you’re behind on your debt but not yet in default, consider all repayment options,” says Nearman. “Depending on your income, you may be eligible for a more affordable payment plan.” Enrolling in a forbearance or deferral should also halt collection activities for a certain period of time, she added.

If you find yourself in default, call the government’s Treasury Offset Program call center at 1-800-304-3107, said Kyla Taylor, staff attorney at the National Consumer Law Center.

Taylor said defaulting borrowers “need to call right before they file their taxes.”

The government is compiling a list of people who owe money to various institutions and whose tax refunds may be garnished. Taylor said people will be asked to enter their Social Security number to find out if they’re on the list.

“Even if their name isn’t on the list, they’re probably coming into the picture,” she says.

If you’re on the foreclosure list, Taylor says you should take steps to figure out the status of your loan right away, preferably before you file your taxes.

Staying up-to-date on your student loans or taking steps to do so can help prevent the government from seizing your tax refund. But because it can take anywhere from 30 days to 10 months to emerge from default, some borrowers may consider requesting an extension to file their tax returns, Taylor said. It’s easy, free, and automatically extends your federal tax filing deadline from April 15th to October 15th.

(Borrowers who are unsure whether they owe taxes or receive a refund may benefit from preparing a mock return before the April 15 deadline.) Kathleen Boyd, founder of Savvy, said that “filing for an extension does not extend the deadline for paying taxes,” and if you owe taxes, you must pay them by the original deadline to avoid accruing interest or penalties.

Taylor said applying for loan consolidation is usually the quickest way to get out of default. The process can be completed in as little as four weeks, she added. But some defaulting borrowers may be required to make several on-time payments before consolidation, and not all borrowers are eligible, including those who have already consolidated their loans or are facing wage garnishment.

Loan consolidation, which involves restructuring federal student loans into new federal student loans, can also result in a loss of progress on forgiveness schedules under some repayment plans, Taylor said. Borrowers could also lose their current repayment options if consolidation is completed after June because of President Donald Trump’s “Big and Beautiful Bill.”

Another way to get out of default is through loan rehabilitation. The process includes “nine voluntary, reasonable and affordable monthly payments,” according to the U.S. Department of Education. The StudentAid.gov site states that these nine payments can be made over a “period of 10 consecutive months.”

If you can’t complete the deal before filing your taxes, Taylor said you can contact your loan servicer and ask if they’d like to stop collections anyway. They may agree to it if you start the rehabilitation shortly after receiving the notice of default, or if you have already paid five rehabilitation payments.

After taking these steps, Taylor recommends calling the Treasury hotline back before filing your taxes. If your name is not on the garnishment list, you may feel more confident filing.