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Rae2423
New Member

How do we amend our tax return when paying back relocation assistance?

We filed our taxes earlier this year and we received a refund. We were just recently notified that my husband has to pay back relocation cost (due to him leaving-long story). They gave him a total of $9,750, but they withheld the taxes. A total of $6,298 was deposited to our bank account after taxes were taken out. They are now demanding we pay the total ($9,750) back within the next 30 days. How do we handle this from the tax side? We are not going to be able to pay that money back right away, definitely not almost $10,000! Do we have to pay the entire $10,000 back before we can amend it and get that difference back or can we go ahead and amend it and put that money towards paying back? No one is giving us a straight answer and we aren't sure what we are supposed to do next. This impacts our income by $10,000 for last year, which is going to change what our refund would have been. Anybody know???  Thanks!
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1 Reply
LenaH
Employee Tax Expert

How do we amend our tax return when paying back relocation assistance?

The relocation assistance repayment will be reported as a claim of right repayment. It is reported on the tax return for the year in which the repayment was actually made. Therefore, if you pay back the full $9,750 sometime this year, you can report it on your 2024 tax return, which is filed in 2025. 

 

You have the choice of taking a simple deduction or taking a refundable credit of the amount of income tax you previously paid on that income. You can calculate the amounts both ways and determine which is more beneficial to you financially. Instructions on both methods can be found here

 

In your question, you stated that you will not be able to repay the relocation assistance right away. If you are able to agree to some sort of payment arrangement, please keep in mind that there is no tax benefit if you repay less than $3,000 per year. Per the IRS, the total amount repaid is calculated per calendar year and is not considered separately. 

 

Lastly, since you are paying back the gross amount of the relocation assistance, you are also repaying the Social Security and Medicare taxes. Publication 525 (page 38) states that if you had to repay an amount that you included in your wages or compensation in an earlier year on which social security, Medicare, or tier 1 RRTA taxes were paid, ask your employer to refund the excess amount to you. If the employer refuses to refund the taxes, ask for a statement indicating the amount of the overcollection to support your claim. File a claim for refund using Form 843

 

If you are unable to get that statement from the previous employer, then you can attach a statement with similar information. Full IRS instructions can be found here
 

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