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Relocation Bonus Paid back to employer, no income in the year I paid back

Hello,

I am non-resident alien on F1 visa and I received $5000 minus Federal and State Taxes as relocation bonus when I joined the company in 2020. I signed a contract in which it mentioned that if I leave company in 3 years, I will have to payback the relocation money. 

Here's the tricky part. I plan to leave the employer and exit United States in January 2022 and pay back the money to my employer. Also, since I will be leaving United States, I will have no taxable income in 2022 in United States. Since I will have no taxable income, I won't be able to get the tax credit. Is there any way I will be able to get back the taxes I paid in 2020 on the relocation money?

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Accepted Solutions

Relocation Bonus Paid back to employer, no income in the year I paid back

Basically, we don't know if the credit will work the same way for you as it does for a US resident taxpayer, because we don't do a lot of international tax issues.  But you should definitely try and claim the credit on a form 1040-NR that you will file for tax year 2022.  You would file this return between January 31 and April 15, 2023.

 

Note that Turbotax does not prepare form 1040-NR, you need to use another tax preparer, and that includes 2021, because on an F-1 visa you file form 1040-NR even if you are living in the US (unless you have been here more than 5 years).  And if you used Turbotax for 2020 when you should have filed a 1040-NR, you will need to file an amended return as a 1040-NR.  You may want professional help.

 

Claiming the IRS 1341 claim of right tax credit on your 2022 form 1040-NR may require manual entries that can't be done by your software provider, you may need to file on your own to make the claim.

 

Some other important comments.

1. Your IRC 1341 credit would only return your federal income tax.  If you paid state income tax on that money, you will have to check with the state tax department for the proper procedure.

 

2. Your claim of right will not return any social security tax.  You should be exempt from SS tax as an F-1, as long as the employment is closely connected with the academic purpose of the F-1 visa.  If the employment is not connected with the academic purpose of the F-1 visa, you should have had social security tax withheld.  To get a refund of the social security tax on the repaid wages, you need to file form 843.  You would have to explain the reason for the refund, include proof of the previous withholding (W-2) and proof of the wage repayment (contract, emails, canceled check) and include a letter from the employer verifying that they will not be refunding the social security tax themselves.  Form 843 is not included in Turbotax and is not part of your year-end tax return, you can file it as soon as you have the documentation needed to make the claim. 

 

3. Finally, an important word about the IRC 1341 Claim of Right Credit.

You can only claim this credit if you had a reasonable belief at the time you accepted the bonus that you had an unrestricted right to the bonus.  The IRS might argue that since you signed a contingent contract, you knew that your right to the money was not unrestricted.  Or, the IRS might argue that if you were planning all along to return home after 2 years, you knew or should have known that you did not have an unrestricted right to the money.  I'm not saying you should not try to claim the credit, but I'm saying that the IRS might attempt to deny the credit if they argue you did not have a reasonable expectation of an unrestricted right to the money.

 

If you did not have a reasonable expectation of an unrestricted right to the money, you can't claim the refundable tax credit under IRC1341, but you can still claim the repayment as a special itemized deduction not subject to the 2% rule.  The problem in your case, is that an itemized deduction will not benefit you on your 2022 return.

 

Best of luck. 

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6 Replies

Relocation Bonus Paid back to employer, no income in the year I paid back

Is there any way I will be able to get back the taxes I paid in 2020 on the relocation money?   NO

Relocation Bonus Paid back to employer, no income in the year I paid back

What if I  claim a credit for the repaid amount instead of taking a deduction by figuring out the taxes I overpaid in 2020. Will IRS not refund the credit amount I claim?

Hal_Al
Level 15

Relocation Bonus Paid back to employer, no income in the year I paid back

Q.  What if I  claim a credit for the repaid amount instead of taking a deduction by figuring out the taxes I overpaid in 2020. Will IRS  refund the credit amount I claim?

A. Maybe.   The credit is a refundable credit, on the regular form 1040 and  appears to work the same on a 1040-NR (non-resident).  But, I'm not familiar with non resident alien filing rules.  

 

Repayments (Standard answer).   This situation is described in IRS Publication 525.  If the amount is more than $3000, you can take a itemized deduction, on line 16  of schedule A (not subject to the old 2% of AGI rule) or  you can take a credit. The credit is computed by re-figuring the tax from the previous year as if the income had not been received. Then the difference in tax is claimed as a credit on the current year's return.  TT does not do the credit calculation or compare it to the alternate deduction. You have to do that manually. You enter the credit in the forms mode (the forms mode is not available in the on-line versions of TurboTax [TT]). All entries that seem like you should be able to enter on Form 1040 or Schedules 1 through 3 have to be entered on TurboTax's 1040 Worksheet. Scroll way down to Other Credits and Payments Smart Worksheet. Select item E, claim of right under IRC 1341 for repayments. It goes on line 12d of schedule 3 (2020) and transfers to line 31 of form 1040 (and 1040-NR), as a refundable credit. 

 

 So, the taxpayer  has the option of either claiming the credit or deducting the repayment as an other itemized deduction, whichever provides the greater benefit.  But, you cannot file an amended prior year return.  If the amount is less than $3000, there is no tax relief available.

Relocation Bonus Paid back to employer, no income in the year I paid back

Basically, we don't know if the credit will work the same way for you as it does for a US resident taxpayer, because we don't do a lot of international tax issues.  But you should definitely try and claim the credit on a form 1040-NR that you will file for tax year 2022.  You would file this return between January 31 and April 15, 2023.

 

Note that Turbotax does not prepare form 1040-NR, you need to use another tax preparer, and that includes 2021, because on an F-1 visa you file form 1040-NR even if you are living in the US (unless you have been here more than 5 years).  And if you used Turbotax for 2020 when you should have filed a 1040-NR, you will need to file an amended return as a 1040-NR.  You may want professional help.

 

Claiming the IRS 1341 claim of right tax credit on your 2022 form 1040-NR may require manual entries that can't be done by your software provider, you may need to file on your own to make the claim.

 

Some other important comments.

1. Your IRC 1341 credit would only return your federal income tax.  If you paid state income tax on that money, you will have to check with the state tax department for the proper procedure.

 

2. Your claim of right will not return any social security tax.  You should be exempt from SS tax as an F-1, as long as the employment is closely connected with the academic purpose of the F-1 visa.  If the employment is not connected with the academic purpose of the F-1 visa, you should have had social security tax withheld.  To get a refund of the social security tax on the repaid wages, you need to file form 843.  You would have to explain the reason for the refund, include proof of the previous withholding (W-2) and proof of the wage repayment (contract, emails, canceled check) and include a letter from the employer verifying that they will not be refunding the social security tax themselves.  Form 843 is not included in Turbotax and is not part of your year-end tax return, you can file it as soon as you have the documentation needed to make the claim. 

 

3. Finally, an important word about the IRC 1341 Claim of Right Credit.

You can only claim this credit if you had a reasonable belief at the time you accepted the bonus that you had an unrestricted right to the bonus.  The IRS might argue that since you signed a contingent contract, you knew that your right to the money was not unrestricted.  Or, the IRS might argue that if you were planning all along to return home after 2 years, you knew or should have known that you did not have an unrestricted right to the money.  I'm not saying you should not try to claim the credit, but I'm saying that the IRS might attempt to deny the credit if they argue you did not have a reasonable expectation of an unrestricted right to the money.

 

If you did not have a reasonable expectation of an unrestricted right to the money, you can't claim the refundable tax credit under IRC1341, but you can still claim the repayment as a special itemized deduction not subject to the 2% rule.  The problem in your case, is that an itemized deduction will not benefit you on your 2022 return.

 

Best of luck. 

Relocation Bonus Paid back to employer, no income in the year I paid back

Thank You @Opus 17 ! Appreciate your help on it. 

Final question. Let's consider for now that IRS accepts IRC1341 for non-resident alien. Is this credit a refundable tax credit ? What I mean is, can it only be negated against other tax in 2022 (which would be 0 in my case) or can the tax credit be refunded back to me if I do not have any taxable income in 2022?

Relocation Bonus Paid back to employer, no income in the year I paid back

as of now it's a refundable credit.

 

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