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Level 3
February 23, 2023

claim of right credit timing

  • February 23, 2023
  • 1 reply
  • 5 views

I have a client who had to repay $10,000 for disability pay that was reported on his 2021 tax return. The disability company received the funds on Jan 4, 2022, however the debit occurred out of the taxpayer's checking account on Dec 29, 2021. The disability company did not include the repayment when it did the 2021 W2 as they said they didn't have funds available to them until 2022.  Would you take the claim of right credit on the 2021 tax return or on the 2022 tax return? I feel like it should be on the 2021 return, but wanted a second (or more) opinion on the matter. Thanks!

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    1 reply

    BobKamman
    Level 15
    February 23, 2023

    The money was received but paid back in the same year, 2021?  Not sure that "claim of right" is the right term then.  What was shown on the 2021 return?

    kravAuthor
    Level 3
    February 23, 2023

    The 2021 return shows the full amount of disability pay, including the $10,000 paid back. The insurance company said they would not change the W2 amount because they did not have "use of the funds" until Jan 4, 2022.  I think it has to be claim of right, because the W2 has the full amount - so maybe I should include it on 2022 tax return. I just dread getting an IRS letter about it and having to prove the payment and seeing the debit from the bank occurring in 2021. Thoughts?

    BobKamman
    Level 15
    February 23, 2023

    I would file an amended 2021 return and a clean 2022 return.