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If I had to pay back wages earned thru Employer Paid LTD, but I have already paid income tax - how do I get the tax back that I paid?

So, end of 2023 I had a car accident which left me unable to work,  I want on STD and then in 2024 I went on LTD through my employers policy.  So now filing my taxes for 2024, I have to claim the disability as earned income.  However, in 2025 I just reached a settlement with my insurance company, but now I have to pay back all the Disability income that was paid in 2024.  However, I paid taxes on that, so how do I get the tax back?  Since the settlement is tax free.  So, if I pay back the total received in 2024, then I shouldn't have any taxes. Make sense?

 

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ThomasM125
Expert Alumni

If I had to pay back wages earned thru Employer Paid LTD, but I have already paid income tax - how do I get the tax back that I paid?

You enter a claim of right on the tax return for the year you pay back the money to get a credit for the taxes you paid in previous years or take a deduction in the current year.

 

To report a claim of right repayment credit in TurboTax follow these instructions:

 

  1. Using the desktop version of TurboTax, bring up the "Forms" mode by clicking on that icon on the menu bar
  2. Choose the 1040/1040SR Wks in the list of forms
  3. Scroll down the 1040/1040SR Wks until you see Schedule 3,  Part II - Other Payments and Refundable Credits 
  4. Enter the amount of the credit on line 12 (D) Claim of Right, IRC 1341 credit for repayments of prior year income

 

You may need to amend your previous year tax return to determine the change in tax. You will see on option for this on your home page in TurboTax, under Your tax returns and documents at the bottom of the page. You will not file the amended return, you just need to remove the income that was paid back to determine the tax you paid on it. It will be the difference in tax due or refunded when you remove the income you paid back.

 

You can download your online TurboTax program to your computer so you don't have to re-enter all of your information. You will see an option for that on your left menu bar while working on your program in TurboTax. Look for the Tax Tools menu option, then Tools, then see the option on the right to  Save your (year) return to your computer.

 

Income repayment of less than $3,000 can only be deducted as a miscellaneous itemized deduction, which is not allowed for tax years beginning after 2017 through 2025. If the amount is over $3,000, it is entered on line 16 of Schedule A (Itemized Deductions) as an Other Deduction if you want to take the deduction in the current year, as opposed to the credit.

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