Was asked to repay employment benefits but still waiting on an appeal?

[Caity126]

Already received my 1099, but the next step in filing my taxes is where it asks me if I had to repay UI but I'm still waiting to find out if I have to or not. What should I do?

[MaryK4]

If you do not have a final determination, you will want to report the income this year.  If you have to pay back the benefits,, you will be able to deduct the amount repaid on Schedule A, if you itemize deductions and if the amount is more than $3,000. 

[Caity126]

Ok thank you! But where it asks me if I was required to pay back should I say yes or no? Also, regardless if I had to repay or not wouldn't I be reporting it anyway?

[ToddL99 · Accepted solution]

Answer "No" when it asks if you were required to pay it back. You haven't paid it back and may not have to.

If you lose your appeal and have to pay it back, you can amend your 2020 return to report that event.

Here are instructions how to amend your 2020 return.