< Back to Washington Unemployment

Sean Flanagan

Do I need to report ESD COVID waiver refunds on 2025 taxes?

I just got a surprise check from ESD for $2,860 - apparently it's a refund for an overpayment that I repaid during COVID that they're now waiving? The letter says something about 'blanket overpayment waivers' for claims from 2020-2021 that are being processed now. My question is: do I have to report this as income when I file my taxes next year? I had already deducted the original repayment on my taxes back when I paid it (I think in 2022), so I'm really confused about how to handle this. Anyone else get one of these refunds? What are you doing for tax purposes?

Yes, you'll need to report it as income. Since you took a deduction for the repayment previously, the IRS considers this a "recovery of an amount you deducted in an earlier year." It's a concept called "tax benefit rule" - basically if you got a tax benefit from deducting something and then later get that money back, you have to report it. For most people, you'll report it as "Other Income" on Schedule 1 of your 1040. I worked with an accountant on this exact situation last year. She recommended keeping the ESD letter explaining the refund with your tax records in case of audit.

0 coins

Thanks for this info! Do you happen to know if ESD will send a 1099 or some other tax form for this refund amount? Or is it just up to me to track and report it correctly?

0 coins

i got a check for $1400 in december but mine was different i think. it was from an appeal i won but took them forever to process. not sure if thats the same as your waiver thing

0 coins

Different situation. The OP is referring to the large batch of COVID-era overpayment waivers that ESD started processing in late 2024. Those are refunds for people who repaid benefits that ESD later determined were valid under the blanket waiver program. Appeals refunds are from disputed claims that were eventually resolved in the claimant's favor, which is a separate process.

0 coins

WOW seriously?? They're actually refunding people for the COVID overpayments?? I had to pay back almost $4000 in 2021 and haven't heard ANYTHING about this. How did you find out about it? Did they just randomly send you a check or did you have to apply for the waiver?

0 coins

They just sent me a check out of the blue! The letter with it mentioned that they're working through a backlog of cases that qualified for automatic waivers, especially if the overpayment wasn't due to fraud or misrepresentation. Maybe call them to check on your case? It took them years to get to mine apparently.

0 coins

This is EXACTLY why the unemployment system is such a mess! First they demand money back from people who were legitimately unemployed during a PANDEMIC, forcing many to drain savings or take out loans to repay. Then YEARS later they say "oops our bad" and refund it, creating tax headaches and more confusion. Meanwhile their systems are still stuck in the 1990s and you can't get anyone on the phone! I spent 8 WEEKS trying to reach someone at ESD about my overpayment dispute last month. EIGHT WEEKS!!! And they wonder why people get frustrated!!

0 coins

Have you tried using Claimyr to get through to ESD? After three weeks of trying to call about my adjudication issue, I used them and got through to a real agent in about 20 minutes. They basically wait on hold for you and call you when they reach an agent. Saved me so much frustration! Their site is claimyr.com and they have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3

0 coins

Im in the exact same boat! got $3245 back from a 2020 overpayment that i had to pay with a payment plan for like a year lol. im just gonna ask my tax guy when i file next year but yeah seems weird they dont send any tax forms with it???

0 coins

ESD typically doesn't issue 1099s for overpayment refunds because they're not technically considered income by ESD - they're returning money you already paid them. However, for tax purposes, the IRS may still consider it income if you previously deducted the repayment. Be sure to tell your tax preparer specifically that this was a refund of an overpayment that you previously deducted on your taxes. They'll need to know that detail to file correctly.

0 coins

My brother-in-law works for a tax preparation company and he was just telling me about this issue coming up a lot this year! Apparently if you itemized deductions the year you repaid the overpayment AND the deduction actually reduced your tax liability, then yes you need to report the refund as income. But if you took the standard deduction or if the itemized deduction didn't actually save you any tax money, then you might not need to report it. It gets complicated fast!

0 coins

That makes sense but now I'm not even sure if I itemized that year or took the standard deduction. I guess I need to go back and look at my old returns. Thanks for this info though, it's super helpful!

0 coins

To clarify for everyone: These refunds are part of ESD's implementation of the blanket waiver program that was authorized during COVID. ESD is still processing these even in 2025 due to the massive backlog. Regarding taxes: 1. If you deducted the original repayment on your taxes as an itemized deduction → You likely need to report the refund as income (tax benefit rule) 2. If you used the standard deduction → You generally DON'T need to report the refund as income 3. If your itemized deductions that year didn't actually reduce your tax liability → You might not need to report it as income ESD should have included Publication 525 information with your refund check. It specifically addresses the tax implications of benefit repayments and subsequent refunds. If you're unsure, consult a tax professional with your specific situation.

0 coins

Thank you SO much for this detailed explanation! You're right, there was an insert with the check that mentioned Publication 525, but I didn't realize what it was. I'll go back and look at it more carefully now.

0 coins

wait so are they doing this automatically for everyone or do we need to apply somewhere? i paid back like $5k in 2021 and nobody told me anything about waivers

0 coins

They're processing them automatically, but they're going through cases very slowly. The blanket waivers were approved for non-fraud overpayments during the pandemic period, but ESD's implementation has been extremely inconsistent. If you repaid an overpayment from the COVID period (roughly March 2020 through September 2021), it's worth calling ESD to check if your case qualifies for the waiver program. Be prepared for a long wait though - their phone lines are still overwhelmed.

0 coins

Washington Unemployment AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today