Section 1201.40 - Which debts can NARA refer to the Treasury for collection by offsetting tax refunds?(a) The regulations in this subpart implement 31 U.S.C. 3720A , which authorizes the Treasury to reduce a tax refund by the amount of a past-due, legally enforceable debt owed to a Federal agency.(b) For purposes of this section, a past-due, legally enforceable debt referrable to the Treasury for tax refund offset is a debt that is owed to NARA and: (2) Except in the case of a judgment debt, has been delinquent for at least three months and will not have been delinquent more than 10 years at the time the offset is made;(3) With respect to which NARA has: (i) Given the debtor at least 60 days to present evidence that all or part of the debt is not past due or legally enforceable;(ii) Considered evidence presented by the debtor; and(iii) Determined that an amount of the debt is past due and legally enforceable;(4) With respect to which NARA has notified or has made a reasonable attempt to notify the debtor that: (i) The debt is past due, and(ii) Unless repaid within 60 days of the date of the notice, the debt may be referred to the Treasury for offset against any refund of overpayment of tax; and(5) All other requirements of 31 U.S.C. 3720A and the Treasury regulations relating to the eligibility of a debt for tax return offset ( 31 CFR 285.2 ) have been satisfied.