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Level 4
March 6, 2021
Question

Is settlement penalty paid by an employee to employer tax deductible for the employee?

  • March 6, 2021
  • 4 replies
  • 20 views

The employee left early and had to pay $20k approx as settlement. Can it be deductible towards employee's taxes?

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4 replies

itonewbie
Level 15
March 6, 2021

Is this based on a clawback provision for incentive, relocation, or similar payments?  If so, you can consider claim of right.

---------------------------------------------------------------------------------Still an AllStar
IRonMaN
Level 15
March 6, 2021

Good answer.  But are we taking bets on whether or not the next question is "how do you deduct claim of right"?😁

Slava Ukraini!
itonewbie
Level 15
March 6, 2021

Hmmm... is getting a fish now better or knowing how to fish?  But they also say a bird in the hand is worth two in the bush...  Life is full of difficult choices...

---------------------------------------------------------------------------------Still an AllStar