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TWC overpayment taxes - Do I report on my return if I repaid benefits?

I'm freaking out about my taxes right now! TWC paid me unemployment for about 8 weeks last summer, then suddenly sent a determination letter saying I was actually ineligible (something about my previous employer contesting it). They demanded I pay back around $4,600 in benefits I'd already received and used for bills. I had to set up a repayment plan and I've been sending them $180 every month since October. The problem is, they still sent me a 1099-G showing the full $4,600 as income! That can't be right, can it? I'm paying this money BACK to them, so why should I have to pay taxes on it too? Does anyone know how to handle this on my taxes? Do I just report the income anyway even though I'm returning it? Is there a form I need to fill out to offset this? The TWC website is zero help and I can't get through on the phone. I'm worried I'll end up owing the IRS a bunch of money on top of what I'm already paying back to TWC. Help!

Ezra Beard

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You'll need to look at which tax year we're talking about here. If you received the benefits in 2024 and are repaying in 2025, you have two options: 1. You can claim a deduction for the repaid amount on your 2025 tax return (Schedule A as a miscellaneous itemized deduction) 2. If the repayment is over $3,000, you might qualify for a special tax credit calculation that could be more beneficial The IRS calls this a "claim of right" issue. Publication 525 covers this, but it's confusing. You definitely don't want to just ignore the 1099-G amount - the IRS will notice since TWC reports it to them.

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Thanx for responding! I got the benefits and the overpayment notice both in 2024, and started my repayments in Oct 2024. But I'll still be paying it off through most of 2025. Does that change anything? I don't usually itemize my deductions - I take the standard deduction. Would I have to itemize to get this money back?

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something similar happened to my brother last year!!! he had to pay back like 2000 and the tax guy told him he couldnt do anything about it until he paid it ALL back. so unfair. the whole system is designed to screw us over tbh

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That tax preparer gave your brother incorrect information. The IRS absolutely has provisions for handling repaid income, including unemployment benefits. This is covered under what's called the "claim of right" doctrine. Your brother should consider getting a second opinion from a different tax professional who's familiar with this situation.

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Aria Khan

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CALL TWC AND DEMAND AN AMENDED 1099-G!!!! They are REQUIRED to fix this!!! I had the same issue in 2023 and had to call them 57 TIMES before getting through but they finally sent me a corrected form that only showed what I actually kept after repayments. DON'T LET THEM GET AWAY WITH THIS!!!

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Everett Tutum

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Actually, this isn't quite right. TWC generally won't issue an amended 1099-G in this situation because technically they did pay you the full amount in the tax year. The proper way to handle it is through your tax return using either the itemized deduction method or claim of right calculation. The IRS, not TWC, is who provides the tax relief mechanism for repayments.

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Sunny Wang

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I recommend using tax software like TurboTax or H&R Block for this situation since it gets complicated. They'll walk you through reporting the 1099-G income and then guide you on how to claim the deduction for repaid benefits. The software should ask if you repaid any unemployment benefits and help calculate which method gives you the best outcome. Also, make sure you keep all documentation of your repayments to TWC just in case you get audited. Print out payment confirmations or bank statements showing the repayments.

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I do use TurboTax but I haven't seen anything specifically about repaid unemployment benefits. I'll look more carefully when I go through it again this weekend. And good tip about the documentation - I've been keeping all the payment confirmations in a folder.

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There's a specific approach you need to take here as others have mentioned. This is actually covered in IRS Publication 525 under "Repayments": 1. If your repayment was in the same year as you received the benefits, you'd just report the net amount (but that's not your case) 2. Since you received benefits in one year and are repaying in the same/subsequent years, you have two options: - Take an itemized deduction on Schedule A (subject to the 2% AGI floor) - If repayment exceeds $3,000, you can take a credit calculated under Section 1341 The second option is often more beneficial but more complex. If you're using tax software, look for options related to "repayment of income" or "claim of right" - not everyone knows to look for this, which is why many people end up overpaying.

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Hugh Intensity

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This is why our tax system is so messed up. The average person shouldn't need to understand "Section 1341" or "claim of right doctrine" just to avoid being double-charged! My friend went through something similar with her TWC overpayment and just paid the taxes because she couldn't figure it out.

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Effie Alexander

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i had the exact same thing happen and tried for WEEKS to get help from twc about the tax situation. kept getting busy signals or disconnected after waiting on hold for an hour. a friend told me about a service called claimyr that got me connected to a twc agent in like 10 minutes. they have a video showing how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh the agent explained that i needed to handle it on my tax return not through twc. website is claimyr.com if you need to actually talk to someone at twc about your specific situation.

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Thanks for the tip! I'm definitely going to check this out because I've been trying to get through to TWC for weeks with no luck. Did you end up getting a clear answer from them when you finally reached someone?

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Everett Tutum

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Here's what you need to know about the tax implications of TWC overpayments: 1. Report the full amount from the 1099-G on your tax return 2. If you repaid any amount in the same tax year you received it, you can exclude that portion from your income 3. For amounts repaid in a later tax year, you can claim either: - An itemized deduction on Schedule A (if you itemize) - A tax credit calculation if your repayment exceeds $3,000 (potentially better) 4. If you use tax software, look for "repayment of income previously reported" or similar phrasing Also, make sure you contact TWC for a statement documenting all your repayments - this will be crucial for your tax records.

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does this apply if twc says you committed fraud??? my cousin got hit with an overpayment that they called fraud even tho it was just a mistake and hes paying it back but worried about the tax stuff now too

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Hugh Intensity

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Im dealing with this right now also! Suuuper frustrating. I got hit with a $5,200 overpayment because my employer reported different wages than what I told TWC (I honestly didn't know the exact amounts when I applied). My tax guy said I have to report the full 1099-G amount this year, then next year I'll get some kind of deduction for what I paid back. Doesn't seem fair but that's what he told me.

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Your tax preparer is on the right track, but make sure they're aware of both options available to you. Since your repayment exceeds $3,000, you might benefit more from the tax credit calculation under Section 1341 rather than taking it as an itemized deduction. Ask them specifically about the "claim of right" provision and which method would be more advantageous in your specific situation.

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Aria Khan

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Has anyone had any luck getting an installment plan from TWC that doesn't completely drain your bank account every month? They want me to pay $275/month which I CANNOT afford right now with inflation and everything else going up!

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Sunny Wang

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Yes, TWC can adjust your payment plan based on financial hardship. Call them and explain your situation - they can potentially lower your monthly payment amount. You'll need to provide some documentation of your income and expenses, but they do have flexibility for hardship cases. I helped my sister-in-law get her payment reduced from $300 to $125 monthly after she provided proof of her current financial situation.

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