Sec. 12. Priority in multiple claims to refunds allowed to be set off under this chapter shall be in the following order:
(1) Department of state revenue.
(2) Child support bureau.
(3) Department of workforce development.
(4) Family and social services administration for claims concerning the Temporary Assistance for Needy Families (TANF) program.
(5) Family and social services administration for claims concerning the federal Supplemental Nutrition Assistance Program (SNAP).
(6) Family and social services administration for claims concerning the Child Care and Development Fund (CCDF).
(7) Approved postsecondary educational institutions (as defined in IC 21-7-13-6).
(8) Office of judicial administration for claims concerning the court technology fund.
(9) A claimant agency described in section 1(1)(A) of this chapter:
(A) that is not listed in subdivisions (1) through (8); and
(B) that enters into a formal agreement with the department after December 31, 2017.
The priority of multiple claims of claimant agencies in this subdivision must be in the order in time that a claimant agency entered into a formal agreement with the department.
(10) United States Internal Revenue Service.
(11) A claimant agency described in section 1(1)(A) of this chapter that is not identified in the order priority under subdivisions (1) through (9). The priority of multiple claims of claimant agencies in this subdivision must be in the order in time that a claimant agency has filed a written notice with the department of its intention to effect collection through a set off under this chapter.
(12) A claimant agency described in section 1(1)(B) of this chapter. The priority of multiple claims of claimant agencies in this subdivision must be in the order in time that the clearinghouse representing the claimant agency files an application on behalf of the claimant agency to effect collection through a set off under this chapter.
As added by Acts 1981, P.L.97, SEC.1. Amended by P.L.239-2017, SEC.30; P.L.86-2018, SEC.82; P.L.146-2018, SEC.22; P.L.161-2018, SEC.16.
Structure Indiana Code
Article 8.1. Department of State Revenue; Tax Administration
Chapter 9.5. Set Off of Refunds
6-8.1-9.5-2. Debt Owed to Claimant Agency; Agency's Entitlement to Debtor's Refund
6-8.1-9.5-3. Application for Set Off
6-8.1-9.5-4. Determination of Entitlement to Refund; Notification of Claimant Agency
6-8.1-9.5-5. Notice by Claimant Agency of Intent to Have Refund Set Off
6-8.1-9.5-6. Contest of Agency's Claim; Notice
6-8.1-9.5-7. Hearing on Contest of Agency's Claim
6-8.1-9.5-8. Certification of Debt; Payment to Agency
6-8.1-9.5-9. Notice to Debtor of Action Taken; Accounting
6-8.1-9.5-11. Combined Returns
6-8.1-9.5-12. Order of Priority in Multiple Claims to Refunds
6-8.1-9.5-13. Disclosure of Information and Records; Taxpayers; Child Support Obligations