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New Member
posted Feb 17, 2020 12:30:59 PM

overpayment from employer

I received a commission check that i wasn't suppose to receive(Over payment). I am now having to pay back this check to my previous employer for the full amount including the Taxes that were taken out when i received the check. How do I claim these "taxes" (what form, ect) so i can get my taxes back that im having to pay back?  Ex $1400 over payment(Gross) $950(Net)  $450 to claim on my Tax return. 

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3 Replies
Expert Alumni
Feb 17, 2020 12:56:05 PM

The first thing you do is to ask your employer for a corrected W-2. I assume this is probably for a past year. If so, you may have to amend your taxes and get back the extra taxes taken out. That's how you can get the money back. If the employer refused to issue a new W-2 then you can call the IRS and file a form 4852.

New Member
Feb 17, 2020 1:11:43 PM

This was in 2019, so Should I need to get a NEW W2 from the employer? It wouldnt be an Amendment.

Expert Alumni
Feb 17, 2020 1:23:06 PM

Make sure you receive the corrected W-2 before you e-file because if you do file before getting the corrected W-2, then you will have to wait and amend your return.