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Setoff Debt & GEAR​ for Claimant Agencies

  1. Home
  2. Notices & Compliance
  3. Setoff Debt & GEAR
  4. Setoff Debt & GEAR​ For Claimant Agencies
Before registering for either program, organizations must identify if they are a governmental or quasi-governmental entities as outlined in the Setoff Debt Collection Act​ (SC Code 12-56-20).​
 
 ​Setoff Debt​GEAR
​Collection methods*
 
​South Carolina Individual Income Tax refund offsets​​South Carolina Individual Income Tax refund offsets, wage levies, tax liens, bank account levies, license revocations, and payment plans
​Allows debtor to ​set up payment plan​No
 
Yes
​Debt limitation​$25 and above$50 and above
​Cost to claimant agency​$0
 
22% fee of each payment collected (excluding refund offsets)​
​Cost to debtor​​$25 fee for refund offsets$25 fee for refund offsets​​
​​​*​Claimant agencies can join both programs. However, the same debt cannot be submitted to both​ programs.

Claimant agencies eligible for participation in these programs include: 

  • ​State agencies, boards, committees, and commissions
  • Public institutions of higher learning
  • Political subdivisions (includes the South Carolina Association of Counties and Municipal Association of South Carolina when submitting debts on behalf of counties, local governments, or quasi-governmental entities)
  • Housing authorities
  • South Carolina Student Loan Corporation
  • United States Department of Education
  • The Internal Revenue Service
  • Other governmental or quasi-governmental entities of any state of the United States​

To learn more, view the Governmental Entity Collection Programs Guide (GEC-100).

​Program timeline

Claimant agencies must reapply to the programs each year by August 31 to be approved to participate in the following year. Whether you are registering your agency for the first time or need to reapply, you must submit a Notice of Participation (GEC-6) and Notice of Authorization (GEC-4) to SetoffDebt@dor.sc.gov.

To have the most success with collection offsets of State Individual Income Tax refunds, you should follow the registration ​​timeline.

​​​​Setoff Debt and GEAR​ run on an annual basis each calendar year.
​Ju​l​y 15​
 
Claimant agencies can send their GEC-6 and GEC-4​ forms to SetoffDebt@dor.sc.gov.
Forms must be submitted by August 31.​
August 31​​Program registration closes
​November 1​Approved claimant agencies can send their initial add files through GoAnywhere to upload their debts to SCDOR for collection. 
December 1​​Initial add file period closes
January ​1​

Claimant agencies can send adjustment files to remove or change debt balances included in their initial add file. Claimant agencies may also submit new debtors to the program with additional add files after January 1.

  • Setoff Debt – Claimant agencies can adjust the initial debt to include additional debts, reduce debts, or remove debts.
  • GEAR – Claimant agencies cannot increase debt amounts if participating in the GEAR Program. If new debts occur, claimant agencies may submit additional add files with a different default date.

​How long do debts stay in the system?

Setoff Debt debts expire December 31 of each year and must be resubmitted for further collection.

GEAR debts remain in the system until the balance is paid in full or removed by the claimant agency. If there's been no successful collection attempts within 5 years of the date of submission, GEAR debts are removed from the system.​

Notify debtors ​in writing.

Claimant agencies must:

  • Send a notification letter to the debtor ​at least 30 days before submitting a debt to the SCDOR.
    • ​The Setoff Debt Collection Act (SC Code 12-56) outlines the requirements of this notice, including the language that must be used.
    • The SCDOR also provides a letter template that includes the required language from the Code through the Notice Letter to Debtor (GEC-1​).
  • Mail the letter to the address the debtor provided at the time the debt was incurred or to the debtor’s last known address.

The SCDOR is responsible for notifying a debtor once collection actions begin.

  • If a debtor’s tax refund is garnished, the SCDOR will mail the taxpayer a Notice of Refund Adjustment.
  • If a debt is being collected through GEAR, the SCDOR sends a notice to the debtor before any collection action.

Answer debtor questions.

Claimant agencies are responsible for communicating with debtors regarding their debt. 

  • Accurate contact information must be provided to your debtors on their notification letters.
  • You should be available to answer any questions for debtors regarding the debts submitted for collection.

Claimant agency Setoff Debt and GEAR Coordinator contact information is provided on SCDOR notices to debtors. The contact information used for this purpose is pulled directly from the Notice of Participation (GEC-6) form you submit to enroll in the Setoff Debt and GEAR programs.

​Address protests in a timely manner.

The debtor may file a written protest with the claimant agency, using contact information provided in the notification letter issued by the claimant agency. The requirements for the written protest are outlined in section 63 of the Setoff Debt Collection Act (SC Code 12-56-63). 

If you receive a written protest from the debtor, you must:

  • Immediately notify the SCDOR of the protest if the debt has been sent to the SCDOR.
  • Schedule an informal hearing.
  • Notify the debtor of the date, time, and location of the informal hearing using the address the debtor provided in the Notice of Protest.

The Hearing Officer your agency appoints is responsible for the informal hearing. At the hearing, the debtor is allowed to present evidence, documents, and testimony as to why the debt is not due. 

Once a decision is made, the agency’s Hearing Officer must submit a Decision of Hearing Office (GEC-3) to the SCDOR certifying the determination of the hearing. 

The debtor can appeal the Hearing Officer's decision with the Administrative Law Court as outlined in the Setoff Debt Collection Act (SC Code 12-56).

​​For a complete guide on File Submissions and Disbursements, view the Governmental Entity Collections Programs Guide (GEC-100).​

Debt submissions 

Claimant agencies are required to validate their debts prior to submission. Once accepted into the program, the SCDOR will notify you and provide account access guidance for GoAnywhere to transmit your files.

  • Initial Add Files may be submitted between November 1 and December 1.
    • Claimant agencies may also submit additional Add Files after their initial Add File has been processed.
    • However, files submitted later in the year may miss collectable tax refund offsets.
  • Adjustment files are accepted in January of each respective program year.
    • “D” must be used to remove a debt.
    • “U” must be used to update or reduce a debt.

About Adjustment Files:

  • Setoff participants may submit Adjustment Files to increase, reduce or remove the amount of a debt referred to the SCDOR.
  • GEAR participants may submit Adjustment Files to only reduce or remove a debt referred to the SCDOR. GEAR debts cannot be increased. If your claimant agency has additional debts they wish to refer for collection, you must submit a new GEAR debt with a different default date. 

Receiving payments 

Setoff Debt participants receive payment as a result of the offset to a taxpayer’s Individual Income Tax refund.

  • Claimant agencies can expect to receive payments on a weekly basis when money is collected as part of an offset.

GEAR participants receive payments as a result of the offset to a taxpayer’s Individual Income Tax refund, payment plan agreements or other enforced collection methods.

  • Claimant agencies can expect to receive payments on a monthly basis if money is collected.

​The SCDOR provides reports to help you review and manage any debts submitted for collection with our agency.

Report schedule
​Setoff Debt
 
  • Setoff Collections reports are generated weekly (every Monday).
  • Setoff Active Accounts reports are generated quarterly (the first business day of the month).​​​
​GEAR​
 
  • ​​GEA​R​ Collections reports are generated the 15th of each month.
  • GEAR Active Accounts reports are generated the last business day of each month.

You must have a GoAnywhere account to access reports associated with your debts and payments.

GoAnywhere is the SCDOR’s secure file transfer platform for the Setoff Debt & GEAR Programs.

  • GoAnywhere access is only granted to authorized users listed on your GEC-4, Notice of Authorization.
  • Users should access GoAnywhere regularly to retrieve their reports. Reports expire monthly.
  • If you have not accessed Go Anywhere in three months or more, your account may be disabled. If your account is disabled, email SetoffDebt@dor.sc.gov to have your account reactivated and password reset.

Note: GoAnywhere two factor authentication can only be used on your personal or work assigned smartphone.​

Setoff debt & GEAR Info for individuals

Forms & resources

  • Governmental Entity Collection Programs Guide
  • Setoff Debt and GEAR flyer​

Program registration forms​

  • Notice of Authorization (GEC-4)
  • Notice of Participation (GEC-6)
  • File Submission Form (GEC-8)

Notice and hearing forms

  • Notice Letter to Debtor (GEC-1)
  • Notice of Protest by Debtor (GEC-2)
  • Decision of Hearing Officer (GEC-3)
  • Appeal of Hearing Officer’s Decision (GEC-5)

Statutory guidance

  • ​Setoff Debt Collection Act (SC Code 12-56)​​​
  • GEAR Statute (SC Code 12-4-580)​

 


Need help?

Email: SetoffDebt@dor.sc.gov

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