https://minnesotalawyer.com/statutes/chapter-270a/Recent content in Chapter 270A — Revenue Recapture Act on MinnesotaLawyer.comHugoen-ushttps://minnesotalawyer.com/statutes/chapter-270a/270a.01/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-270a/270a.01/This section gives the official name for sections 270A.01 through 270A.12. Together, these sections are called the ‘Revenue Recapture Act.’ This law lets the state take money from your tax refund to pay debts you owe to government agencies.https://minnesotalawyer.com/statutes/chapter-270a/270a.02/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-270a/270a.02/This section has been repealed and is no longer in effect. It was removed from Minnesota law in 1987.https://minnesotalawyer.com/statutes/chapter-270a/270a.03/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-270a/270a.03/This section defines key terms used in the Revenue Recapture Act. It explains what counts as a ‘debt’ (at least $25 owed to a government agency), who is a ‘debtor’ (a person who owes such a debt), which agencies can collect debts this way, and what types of refunds can be intercepted. It also sets income limits below which medical debts cannot be collected through this process.https://minnesotalawyer.com/statutes/chapter-270a/270a.04/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-270a/270a.04/This section explains when a government agency can and cannot use the Revenue Recapture Act to collect a debt. The agency cannot use this process if the debtor has a written payment plan that bars recapture, if collecting would cause a loss of federal funds, if the agency lacks the debtor’s identifying information, or if the debt is too old under the statute of limitations.https://minnesotalawyer.com/statutes/chapter-270a/270a.05/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-270a/270a.05/This section sets the smallest amount that can be collected through the revenue recapture process. A government agency can only use this process to collect at least $15 from a debtor’s refund.https://minnesotalawyer.com/statutes/chapter-270a/270a.06/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-270a/270a.06/This section says the Department of Revenue must help government agencies collect debts when asked. The department does this by taking the debtor’s tax refund and sending it to the agency the debtor owes money to. This is called a ‘setoff.’https://minnesotalawyer.com/statutes/chapter-270a/270a.07/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-270a/270a.07/This section describes the step-by-step process for taking a debtor’s refund. The agency must submit debt information to the commissioner. A $15 fee is charged for each setoff. The commissioner then matches debts with refunds, deducts the fee, and sends the money to the agency. Debtors receive notice and have the right to contest the claim within 45 days. Any refund wrongly taken must be returned with interest.https://minnesotalawyer.com/statutes/chapter-270a/270a.08/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-270a/270a.08/This section requires the government agency to send written notice to the debtor within five days of submitting the debt for collection. The notice must clearly explain what the debt is for, the dates it was incurred, and the agency’s plan to take the debtor’s refund. The debtor has the right to request a hearing to contest the claim within 45 days.https://minnesotalawyer.com/statutes/chapter-270a/270a.09/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-270a/270a.09/This section explains the hearing process when a debtor contests a revenue recapture claim. The agency must start a contested case hearing within 30 days of getting the debtor’s request. Issues that were already decided in a prior hearing cannot be raised again. An administrative law judge makes the final decision, which can be appealed to the courts.https://minnesotalawyer.com/statutes/chapter-270a/270a.10/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-270a/270a.10/This section sets the order in which debts get paid when multiple agencies try to collect from the same refund. Delinquent taxes come first, then child support, then restitution to crime victims, then hospital or ambulance debts, and finally all other debts in the order they were received.https://minnesotalawyer.com/statutes/chapter-270a/270a.11/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-270a/270a.11/This section protects the privacy of personal information shared during the revenue recapture process. Government agencies can share private data like names, addresses, and Social Security numbers only as needed to collect the debt. Anyone who misuses this information faces civil and criminal penalties.https://minnesotalawyer.com/statutes/chapter-270a/270a.12/Mon, 01 Jan 0001 00:00:00 +0000https://minnesotalawyer.com/statutes/chapter-270a/270a.12/This section gives the commissioner of revenue the power to create forms and rules needed to carry out the Revenue Recapture Act. Government agencies that use this process can also make their own rules to help the program work.