---
kind: "section"
citation: "12 C.F.R. § 313.120"
title: "12"
number: "313.120"
heading: "Scope."
url: "https://uscodex.org/cfr/12/313.120"
---

# §313.120. Scope.


The provisions of 26 U.S.C. [6402(d)](/usc/26/6402.md?p=d) and [31](/usc/26/31.md) U.S.C. 3720A authorize the Secretary of the Treasury to offset a delinquent debt owed to the United States Government from the tax refund due a taxpayer when other collection efforts have failed to recover the amount due. In addition, the FDIC is authorized to collect debts by means of administrative offset under [31 U.S.C. 3716](/usc/31/3716.md) and, as part of the debt collection process, to notify the Financial Management Service (FMS), a bureau of the Department of the Treasury, of the amount of such debt for collection by tax refund offset.


## Notes

### Authority

Authority: 5 U.S.C. 5514; 12 U.S.C. 1818(i), 1819(a); Pub. L. 104-134, 110 Stat. 1321 (31 U.S.C. 3701, 3711, 3716).

### Source

Source: 67 FR 48527, July 25, 2002, unless otherwise noted.