KrisD15
Expert Alumni

Get your taxes done using TurboTax

The easiest solution would have been if the employer corrected the W-2. 

According to the IRS, they should have done that. 

 

In TurboTax, you can go to 

Deductions & Credits

Other Deductible Expenses

 

Continue through this section and enter it as "Claim of right repayment over $3,000"

 

This is really for when the repayment is made the following year, since, as I say, when done the same year the employer is supposed to issue a corrected W-2C.

There may also be an issue if Social Security and Medicare tax was withheld and paid on the inflated wages.

 

This will put the repayment on Schedule A line 16, so it's only advantageous if you itemize deductions, but it will lower your taxable income. 

Your other option would be to file a complaint against the former employer with the IRS.

You might also need to file Form 843 to get the excess FICA tax refunded. 

 

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"