I've been following this discussion closely as I'm dealing with my own IRC 1341 situation. My former employer accidentally included me in a retention bonus payout in late 2022 even though I had already given notice and wasn't eligible. I had to repay $4,800 in 2023. Reading through everyone's experiences, I think I made some mistakes in my initial filing. I claimed the credit but didn't use the specific "claim of right" terminology that Chad mentioned, and my employer documentation just says "bonus repayment required" rather than clearly establishing it was paid in error. What really strikes me from this thread is how important the exact language seems to be with the IRS on this relatively uncommon credit. I'm planning to file an amended return using the specific terminology and documentation approach that several people have outlined. One thing I'm curious about - has anyone dealt with a situation where the original payment was a bonus rather than regular salary? I'm wondering if there are any special considerations for bonus repayments under IRC 1341, or if the same rules apply regardless of the type of compensation that was overpaid. Thanks to everyone for sharing such detailed experiences - it's incredibly helpful to see what actually works with the IRS rather than just the general guidance in the publications!

I've been dealing with a similar IRC 1341 situation and wanted to share what I've learned from working through it. My company accidentally continued my health insurance reimbursements for 4 months after I switched to my spouse's plan, totaling about $2,400 that I had to repay in 2024. What really helped me was following the documentation approach outlined in this thread. I made sure to get a letter from my employer's benefits department that specifically stated the reimbursements were "erroneously made under a claim of right" and that I "had no legal entitlement to receive these payments after changing coverage." The IRC 1341 calculation showed Method 2 would save me about $350 more than just taking a deduction, since I was in the 24% bracket when I received the payments but only 22% in the repayment year. One tip I'd add to what others have shared - if you're dealing with benefits overpayments rather than salary, make sure your employer documentation clearly references the specific policy that was violated. In my case, having the benefits administrator cite the exact section of our health plan that prohibited double coverage really helped establish that the original payments were made in error rather than just being a voluntary repayment. The IRS accepted my credit without additional questions when I used the specific terminology everyone here has recommended. This thread was incredibly valuable for understanding how to properly document and present an IRC 1341 claim!

This situation is definitely not normal, and your instincts are right to be concerned. As a W-2 employee, you should absolutely have access to your employer's EIN - it's required information for your tax filing. A few immediate steps I'd suggest: **First, determine your actual employment status.** If you're truly a W-2 employee, the EIN should be on your paystubs, and you should receive a W-2 by January 31st. The fact that it's missing from your paystubs and your employer is being evasive suggests you might actually be classified as a 1099 contractor, even if that wasn't made clear to you initially. **Document everything now.** Save all your paystubs, screenshot your direct deposits, and keep records of these conversations with your employer. If this turns into an IRS issue, you'll need proof of your employment and income. **Give them one final deadline.** Send a polite but firm email requesting your W-2 (if you're an employee) or 1099 (if you're a contractor) by the legal deadline of January 31st. This creates a paper trail. **Know your backup options.** If they don't provide proper documentation, the IRS can help you file Form 4852 (substitute W-2) or guide you through filing as a contractor. Don't let their non-compliance prevent you from filing your taxes properly. The bottom line is that legitimate employers don't behave this way. Whether there's intentional tax evasion or just poor record-keeping, you need to protect yourself and ensure you're filing correctly with the IRS.

This is a concerning situation that unfortunately indicates your employer may not be handling payroll taxes properly. The EIN (Employer Identification Number) should definitely be visible on your paystubs if you're a legitimate W-2 employee - there's no valid reason to hide this information. Here's what I'd recommend doing immediately: **Check your actual employment classification.** The fact that there's no EIN on your paystubs and your employer is being evasive suggests you might actually be classified as a 1099 independent contractor rather than a W-2 employee, even if this wasn't clearly communicated to you when you were hired. **Gather all documentation now.** Save every paystub, screenshot your direct deposits, and keep records of all conversations about this issue. If you need to involve the IRS later, having this documentation will be crucial. **Send one final written request.** Email your employer requesting your proper tax forms (W-2 if you're an employee, 1099-NEC if you're a contractor) by the January 31st deadline. Be professional but clear that you need this to file your taxes legally. **Know your options if they don't comply.** The IRS has procedures for situations like this. You can file Form 4852 (Substitute for Form W-2) if you're supposed to be getting a W-2, or they can help guide you through proper filing as a contractor. Don't let their unprofessional behavior prevent you from filing your taxes correctly. The IRS deals with uncooperative employers regularly and has systems in place to help employees in your situation.

Whatever approach you take, make sure you keep ALL documentation! Keep copies of: 1) Your original SSA-1099 2) Bank statements showing the lump sum coming in 3) The payment to the disability insurance company 4) The contract with the disability company requiring repayment 5) Any correspondence with SSA or the insurance company I learned this the hard way when I had a similar situation in 2021 and got a letter from the IRS. Having all my documentation ready made resolving the issue much easier.

I'm dealing with almost the exact same situation right now! My husband just got approved for SSDI after 3 years on private LTD, and we're facing that massive lump sum with most of it going back to the insurance company. One thing I wanted to add that hasn't been mentioned yet - make sure you understand the timing of when you need to report this. Since SSDI backpay can cover multiple tax years, you might be able to use the "lump sum election" under Section 86(e) to calculate the tax as if you had received the payments in the years they were actually for, rather than all in the year you received them. This could potentially lower your overall tax burden, especially if it pushes you into higher tax brackets. You'd use Form SSA-1099 along with Form 1040 and possibly need to file amended returns for prior years. It's complex, but could save you significant money if the backpay covers multiple years and would have been taxed at lower rates if received when originally due. Definitely recommend getting professional help for this - the interaction between SSDI taxation, subrogation payments, and lump sum elections is not something most general tax preparers are familiar with.

Has anyone used cost segregation for a newly constructed single-family rental? I'm building a rental property and wondering if I should track construction costs by category from the beginning instead of doing a study later.

Yes, absolutely document with photos during construction! Take detailed pictures of electrical runs, plumbing rough-ins, HVAC ductwork, and specialty systems before drywall goes up. This visual documentation becomes invaluable for supporting your depreciation categories later. I'd also recommend keeping a detailed construction log noting dates and costs for each phase. When you install items like built-in appliances, custom lighting, or specialty flooring, photograph the installation process and keep all receipts with model numbers and specifications. One thing I learned the hard way - make sure your contractor understands you need separate line items for things like cabinet hardware, countertop installation, electrical fixtures, and flooring materials versus labor. The IRS likes to see clear distinctions between what qualifies for accelerated depreciation versus what's considered part of the building structure. Your future self (and your tax preparer) will thank you for this level of documentation. It's so much easier than trying to reconstruct everything after the fact!

Kinda silly question but does the price of the tote matter? Like if I spent $800 on a designer work bag, can I still deduct the whole thing or will the IRS be like "you could've bought a cheaper bag"?

Great question! I'm also relatively new to 1099 work and had similar concerns about what I could deduct. One thing that helped me was keeping a simple business expense log where I write down the date, amount, and business purpose for each purchase. For your tote bag situation, I'd suggest writing something like "Professional tote bag - exclusively used for transporting laptop, client documents, and business materials to meetings and co-working space." This creates a clear paper trail showing business intent. Also, don't worry about it being from Mercari - the IRS cares about the business purpose, not the retailer. Just make sure you have that receipt/purchase confirmation saved somewhere safe. Since you're under the $2,500 threshold, you can deduct it all in one year instead of depreciating it, which makes your taxes simpler too.