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applying for Social Security Disability

My Long term disability insurance urge me to apply for Social security disability. If it is approved back to 2023, I would have to return money to the insurance. I already paid taxes on those money and now I will have to pay again taxes on the money I will receive from SS disability. I do not know how to deal with this double tax. 

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Accepted Solutions
marctu
Employee Tax Expert

applying for Social Security Disability

Let's start with the repayment of the private disability payments.  We need to look at Publication 525

 

We need to look at Repayments from the Publication.  See the relevant part here:

 

 you had to repay an amount that you included in your income in an earlier year, you may be able to deduct the amount repaid from your income for the year in which you repaid it. Or, if the amount you repaid is more than $3,000, you may be able to take a credit against your tax for the year in which you repaid it. In most cases, you can claim a deduction or credit only if the repayment qualifies as an expense or loss incurred in your trade or business or in a for-profit transaction.

Type of deduction. The type of deduction you're allowed in the year of repayment depends on the type of income you included in the earlier year. In most cases, you deduct the repayment on the same form or schedule on which you previously reported it as income. For example, if you reported it as self-employment income, deduct it as a business expense on Schedule C (Form 1040) or Schedule F (Form 1040). If you reported it as a capital gain, deduct it as a capital loss as explained in the Instructions for Schedule D (Form 1040). If you reported it as wages, unemployment compensation, or other nonbusiness income, you may be able to deduct it as an other itemized deduction if the amount repaid is over $3,000.
.
For tax years beginning after 2017, you can no longer claim any miscellaneous itemized deductions; so, if the amount repaid was $3,000 or less, you aren’t able to deduct it from your income in the year you repaid it.

Repayment over $3,000. If the amount you repaid was more than $3,000, you can deduct the repayment as an other itemized deduction on Schedule A (Form 1040), line 16, if you included the income under a claim of right. This means that at the time you included the income, it appeared that you had an unrestricted right to it. However, you can choose to take a credit for the year of repayment. Figure your tax under both methods and compare the results. Use the method (deduction or credit) that results in less tax.

The Publication does go on though for brevity I will stop there.

 

So the next part deals with SSDI Lump Sum-Payments.  Tax laws allow you to "attribute" (assign) part of your back payment to prior years—that is, to the years you were entitled to receive those benefits, instead of the year you actually received the payment. Counting some of your back pay as income for prior years makes it less likely that you'll have to pay taxes on your SSDI benefits. 

 

Publication 915 has more details, but Turbo Tax handles this situation easily.   

 

 

Thanks again for the question  @zdenka  

 

All the best,


Marc 

Employee Tax Expert

 

 

 

 

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

View solution in original post

2 Replies
marctu
Employee Tax Expert

applying for Social Security Disability

Let's start with the repayment of the private disability payments.  We need to look at Publication 525

 

We need to look at Repayments from the Publication.  See the relevant part here:

 

 you had to repay an amount that you included in your income in an earlier year, you may be able to deduct the amount repaid from your income for the year in which you repaid it. Or, if the amount you repaid is more than $3,000, you may be able to take a credit against your tax for the year in which you repaid it. In most cases, you can claim a deduction or credit only if the repayment qualifies as an expense or loss incurred in your trade or business or in a for-profit transaction.

Type of deduction. The type of deduction you're allowed in the year of repayment depends on the type of income you included in the earlier year. In most cases, you deduct the repayment on the same form or schedule on which you previously reported it as income. For example, if you reported it as self-employment income, deduct it as a business expense on Schedule C (Form 1040) or Schedule F (Form 1040). If you reported it as a capital gain, deduct it as a capital loss as explained in the Instructions for Schedule D (Form 1040). If you reported it as wages, unemployment compensation, or other nonbusiness income, you may be able to deduct it as an other itemized deduction if the amount repaid is over $3,000.
.
For tax years beginning after 2017, you can no longer claim any miscellaneous itemized deductions; so, if the amount repaid was $3,000 or less, you aren’t able to deduct it from your income in the year you repaid it.

Repayment over $3,000. If the amount you repaid was more than $3,000, you can deduct the repayment as an other itemized deduction on Schedule A (Form 1040), line 16, if you included the income under a claim of right. This means that at the time you included the income, it appeared that you had an unrestricted right to it. However, you can choose to take a credit for the year of repayment. Figure your tax under both methods and compare the results. Use the method (deduction or credit) that results in less tax.

The Publication does go on though for brevity I will stop there.

 

So the next part deals with SSDI Lump Sum-Payments.  Tax laws allow you to "attribute" (assign) part of your back payment to prior years—that is, to the years you were entitled to receive those benefits, instead of the year you actually received the payment. Counting some of your back pay as income for prior years makes it less likely that you'll have to pay taxes on your SSDI benefits. 

 

Publication 915 has more details, but Turbo Tax handles this situation easily.   

 

 

Thanks again for the question  @zdenka  

 

All the best,


Marc 

Employee Tax Expert

 

 

 

 

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

applying for Social Security Disability

Thank you for your kind and detailed answer. Zdenka

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