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Repayment of signing bonus in subsequent year


@agrawal_aashish wrote:

Hi @Opus 17 

 

Firstly, thanks so much for your insightful answers! 

 

To make sure I'm understanding correctly, in my current scenario where my ex-employer is adjusting my bonus repayment ($7k i.e. less SS/medicare) against my after-tax annual bonus, I forgo my $1800 and $420 state and federal claim of right tax credits on the 2020 tax returns? Is that correct?

 

And if so, it sounds like I don't lose out on any money versus cutting them a check of $7k, and then receiving my annual bonus separately?

 

Thanks again!


If the deduction is pre-tax, you don't file a claim of right.  If the deduction is after-tax, you do file a claim of right credit.

 

Let me try and explain (numbers are approximate)

 

You have a $10,000 bonus paid as a separate check.

 

After tax

$10,000

Fed withholding on $10,000= $2,200

State withholding on $10,000=$600

SS/Medicare on $10,000=$765

Net bonus after tax $6435

After-tax repayment of prior bonus $6926

Take-home pay zero (or you might even owe them some money)

 

 

Pre-tax

$10,000

Pre-tax deduction of $7,500 repayment

Gross taxable bonus $2500

Fed withholding on $2500= $550

State withholding on $2500= $150

SS/Medicare on $2500= $191

Net bonus after tax and repayment $1609

 

With pre-tax deduction of the repayment, you get more money now and can't claim the credit on your tax return.  With after-tax repayment, you get less money now but you can claim credits on your 2020 state and federal tax returns that will increase your refunds and get you the extra tax money back. 

agrawal_aashish
Returning Member

Repayment of signing bonus in subsequent year

Thanks @Opus 17 !

 

So in my case where they're doing the repayment adjustment against my after-tax bonus, seems like I claim the federal/state refund in my 2020 returns.

 

Is that straight-forward, and how would I do it using Turbo Tax online?

 

Thanks!

Repayment of signing bonus in subsequent year


@agrawal_aashish wrote:

Thanks @Opus 17 !

 

So in my case where they're doing the repayment adjustment against my after-tax bonus, seems like I claim the federal/state refund in my 2020 returns.

 

Is that straight-forward, and how would I do it using Turbo Tax online?

 

Thanks!


There must be instructions to make the IRS 1341 Claim of Right credit somewhere in the previous 6 pages of discussion, I'm not going to write them out again now.  If you can't find them, ask in January.  You can only claim this credit using Turbotax installed on your own computer from a CD or download (the desktop version) and you have to make a direct entry on one of the forms.  Turbotax Online does not allow direct access to forms.

 

For your state tax return, you will need to research your state to see how to make a claim of right repayment claim.  This will also require making a manual entry on your state tax return. 

Repayment of signing bonus in subsequent year

I read the previous 6 pages carefully but I still have questions.

 

I repaid the employer $4,000 in 2019. But my tax in 2018 was 0 and got refund because I have two kids ($4,000 ) and used the standard deduction ($24,000) .  Does it mean I could not get credit for the form schedule 3 line 13? If I do $4,000 deduction from my wage in 2019, it will go to schedule A itemized deductions. But the standard deduction ($24,000) is > repayment of $4,000, I am only able to use one deduction. Does it mean I could not get the $4,000 deduction?

 

Thanks in advance!

 

Repayment of signing bonus in subsequent year


@gold8 wrote:

I read the previous 6 pages carefully but I still have questions.

 

I repaid the employer $4,000 in 2019. But my tax in 2018 was 0 and got refund because I have two kids ($4,000 ) and used the standard deduction ($24,000) .  Does it mean I could not get credit for the form schedule 3 line 13? If I do $4,000 deduction from my wage in 2019, it will go to schedule A itemized deductions. But the standard deduction ($24,000) is > repayment of $4,000, I am only able to use one deduction. Does it mean I could not get the $4,000 deduction?

 

Thanks in advance!

 


Why did you repay your employer in 2019?  What year were the wages originally paid (and reported on a W-2) that you were required to pay?

Repayment of signing bonus in subsequent year

Hi Opus 17,

 

I got the money in 2018 and repaid in 2019. The HR did not change my W2 although I required. The $4,000 does not include the FICA OASDI adj and FICA HI adj, HR told me they made the adjustment. But they did not adjust the federal and state tax, and told me I could get them back when I do tax return.

 

Thanks.

 

Repayment of signing bonus in subsequent year


@gold8 wrote:

Hi Opus 17,

 

I got the money in 2018 and repaid in 2019. The HR did not change my W2 although I required. The $4,000 does not include the FICA OASDI adj and FICA HI adj, HR told me they made the adjustment. But they did not adjust the federal and state tax, and told me I could get them back when I do tax return.

 

Thanks.

 


If you paid no tax on this money in 2018, you can't claim a credit or deduction for repaying it.

 

If married filing jointly with 2 kids, you would pay no income tax if your gross income was around $57,000 or less.  Your tax liability would be on line 13.  If line 13 is zero, then you paid no income tax on your wages including the $4000 you had to repay.  If that $4000 had not been in your wages in the first place, you still would have paid no tax.  The bonus did not increase your taxes, so you don't get to use the IRC 1341 Claim of Right credit when you repaid the bonus in 2019.  You might be able to use the special itemized deduction, but it won't help you if your standard deduction is larger. 

 

Bottom line: paying this money back does not get you a tax break because you did not pay tax on it in the first place. 

 

As regards the social security and medicare tax, if your employer is generous and kindly and wants to do the paperwork, they can adjust your 2018 W-2 (issue a W-2C) reporting what your social security and medicare taxes would have been if not for the extra money you now have repaid (about $306).  If they adjust your SS and Medicare tax, that money should come back to you either as a rebate or as a reduction of the amount you must repay ($3694 instead of $4000 for example.)

 

Or, if they don't want to do the paperwork, they can simply say, "we paid you that money in 2018 and SS/medicare took the taxes and it's your problem to get it back."  In that case, you need to file form 843 with the IRS to request a refund.  This is filed separately from your tax return, and is not included in Turbotax, you will have to do it on your own.   You would include proof that you paid the SS/Medicare tax (a copy of your 2018 return); proof that you repaid wages; and proof that your employer did NOT reimburse you for the SS/Medicare tax or reduce your repayment as a reimbursement (you need a letter from your employer stating they did not rebate the taxes to you.)

 

https://www.irs.gov/pub/irs-pdf/i843.pdf

https://www.irs.gov/pub/irs-pdf/f843.pdf

 

Repayment of signing bonus in subsequent year

Very professional! Highly Appreciated.

 

Repayment of signing bonus in subsequent year

Hi @Opus 17 Your posts have been super helpful. Thank you! I am in the same situation as the original poster here. I received a bonus in 2019 and am returning it in 2020. My employer will issue a W-2C with changes to the Medicare/Social Security wages/withholdings only. 

 

However, one difference is that because of an address mishap, I did not include the 2019 W-2 with the bonus in my tax return. What would you recommend here? Should I wait until I receive the W-2c to amend my 2019 returns? Or should I go ahead and amend my 2019 returns now (I received the original 2019 W-2 recently)?

 

Also, any guidance on how I should file my 2020 return would be greatly appreciated. Thank you so much.

Repayment of signing bonus in subsequent year

There are two problems with amending your return twice. First, it’s difficult to do in TurboTax.  Second, the IRS is so backlogged that if you filed one amended return now to report the income, and then later we are required to file another amendment, it might be six months or longer before you could even think about doing that.

 

Most of the time, if only boxes 3 through 6 are changed (which is your Social Security and Medicare wages and tax), it will not affect anything else on your tax return and there would be no need to do a second amendment.  However, if you know that you will be receiving the W-2 see soon, then it probably makes sense to wait for it so that you can avoid the possibility of having to amend twice, even if that possibility is remote.

 

However, you should pay any additional tax that you owe as soon as you can, to reduce the eventual penalties and interest that you would owe if you owe additional tax.

 

Also note that after October 20, TurboTax online will close down for the season. If you filed your return using TurboTax online, you will need to obtain a copy of the program to install on your own computer and you will have to download your tax data file from the website and load it onto your computer so that you can work on your tax returns there.  You can contact customer service to obtain a copy of the program to install on your own computer assuming that you already paid for the online version.  If you already have the desktop version, you don’t have to worry about this step.


So what I would do is the following.

1. Obtain a copy of TurboTax desktop and load your original tax return file onto your computer, if you have not already done so.  Make a back up copy of your tax data file to keep it in original condition for use later.

2. Make a test amended return using the original W-2. If you are due an additional refund, then you need do nothing else at this point. You will not be penalized for filing a late amendment if you are due a refund.

3. If your test amended return shows that you owe additional tax, make a payment as soon as you can at www.irs.gov/payments. Make sure to indicate when you make the payment that it is for 2019 taxes, and not 2020 estimated taxes.

4. When you received the corrected W-2, prepare and file the actual amended tax return. You will of course also need to prepare and file an amended state tax return.

5. On your 2020 tax return, you will either take the special itemized deduction or make the claim of right credit according to the instructions posted previously.  To figure out the amount of the credit, you would prepare another test 2019 tax return by making a copy of your amended return that includes this employer, but subtracting the wages that you had to pay back.

6. You will have to do some research on how to make a claim of right credit on your state tax return. When you file your 2020 taxes, you will need to use the desktop program so that you can make manual entries to make the claim of right credit on both your federal and state tax returns.

7. When the employer issues the corrected W-2 that adjusts your Social Security and Medicare withholding, they may re-pay you the adjusted amount. If they do not, you can file a form 843 with the IRS to try and claim a refund of the excess Social Security and Medicare that was withheld from the repaid bonus. You will need a letter from your employer stating that they will not be making the refund themselves. Form 843 is not included in your tax return and is not supported by TurboTax. You can file it separately anytime you have the required information and you will need to download the form and the instructions from the IRS website.

Repayment of signing bonus in subsequent year

@Opus 17 This is so helpful. Thank you.

If the amount I owe is the same with the W-2 I have now and with boxes 3-6 changed (tested just now using Turbotax online), can I go ahead and file the amendment using Turbotax online before October 20?

Repayment of signing bonus in subsequent year

Certainly.  The only reason to delay would be in the relatively rare situation where changing box 3 income would change some other tax factor.  If it doesn’t change anything, you can file now.  You don’t need to amend again if the correction doesn’t change your federal tax.  

YUIXO9
Returning Member

Repayment of signing bonus in subsequent year

Hi @Opus 17

 

Hope you're doing well! I am currently in a similar position as the original poster. I would like to avoid any headaches in regards to returning bonuses in the subsequent tax year. 

 

I joined back in April and am planning on resigning the first week of January. Do you suggest I return my sign on bonus prior to leaving in January? Are there any possibilities of unforeseen complications despite paying back my sign on bonus early?

DanielV01
Expert Alumni

Repayment of signing bonus in subsequent year

@YUIXO9  I am not @Opus17, but I hope these comments are helpful.  Whether or not you can return the bonus before the end of 2020 is a matter of your company's policy.  If the company will allow you to do so, and your finances allow you to take care of this within 2020, it is advantageous to do so because it will reduce the amount of complication involved with "Claim of Right" repayments.

 

However, if you find out that the company will not allow you to make the repayment, you may be able to take a step this year to prepare for it.  You can prepare a tax return that excludes the bonus income, and print that out as a sample.  This way you can know the amount of tax you would owe on the reduced amount of income.  You will subtract the reduced amount of tax liability from the tax amount you will actually end up owing, and save that number for 2021's return.  That way, if you have to repay bonus in 2021, you will have the option to claim either a reduction of income in 2021 for the claim of right repayment, or a tax credit for the difference it would have made in 2020 on your return.  You can use the method that results in a more favorable tax treatment.  

 

This procedure is described at the following link:  IRS Claim of Right Procedure, Section 1341

 

One caveat:  If the repayment is made in 2021, the amount must be greater than $3000, or else no tax benefit can be obtained.

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Repayment of signing bonus in subsequent year


@YUIXO9 wrote:

Hi @Opus 17

 

Hope you're doing well! I am currently in a similar position as the original poster. I would like to avoid any headaches in regards to returning bonuses in the subsequent tax year. 

 

I joined back in April and am planning on resigning the first week of January. Do you suggest I return my sign on bonus prior to leaving in January? Are there any possibilities of unforeseen complications despite paying back my sign on bonus early?


The ideal situation is you inform the company now and they take their bonus back by reducing your salary for the rest of the year.  That way, your 2020 monies received matches your W-2, you get taxed on what you received, and no future adjustments are needed. 

 

If the company won't do it this way, so that your W-2 for 2020 (and next year's W-2 for 2021) reflect the gross amount paid and you make the repayment after taxes; then you need to make a claim of right on your federal and state return, and you will need to file a form 843 for your social security and medicare taxes.   You would be made whole eventually, but it's a lot of paperwork.  

 

If your W-2s show your original gross salary and you make the repayment after tax, then I would make the repayment in 2021.  The claim of right is for "wages paid in a prior year"and I don't really know what would happen if you repaid a 2020 bonus in 2020 and tried to claim the credit.  But if you can repay in 2020 and the company will adjust your W-2 and your social security and medicare, then that's the best way all around. 

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