JimmyA
Returning Member

Employer overpaid me in 2021 and part of 2022

I'm retired with a small monthly pension, and I began working part-time in Jan 2021.  A few days ago, my employer stated that they had incorrectly overpaid me $3.96 per hour more than they should have.  In 2021, I worked 712.25 hours and was overpaid $2,820.51.  For 2022, I worked 273.5 hours through the end of Feb, and I was overpaid $1,083.06.  My employer is setting up a plan for me to pay the overpaid funds, which I will pay off in 2022.  My concern is with the income I earned in 2021, that I will be paying back in 2022.

 

Question:  Had my employer paid me the correct amount in 2021, I would owe the IRS $413, instead of the $1,029 that I'll be paying this April.  This is a difference of $616.  There is also a difference of $261 in my California state income tax return.  Keep in mind that I also have a pension income in addition to my earned income.  The $2,820.51 that I owe my employer is less than $3,000 for "claim of right".  If I can add the 2022 overpayment of $1,083.06 to the overpayment of 2021, then I am over the $3,000, but I don't think that I am allowed to do that.  So, what recourse can I take when I file my 2022 income taxes?  I feel that I will be losing out on the $877 savings for federal and state incomes taxes, had my employer been paying me correctly.  Is it possible for my employer to issue a corrected W-2 for 2021 once I pay back the 2021 overpayment?  If so, am I allowed to file an amended return?