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Lump Sum SSDI & AOTC

BAR833
Level 1

I have a client that received SSDI lump sum payment in 2022 for TY 2018-2021. All had to be paid back to disability company

This lump sum is keeping them from getting Educational credit ( income limit ) 

Due to the fact that it is for all prior years and claim refunded to original disability payor is there a way to adjust income to get the credit?

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14 Comments 14
Just-Lisa-Now-
Level 15
Level 15

So when they got the disability payments originally, did those get included as income? 

If so, then you should be able to use Claim of Right for the repayment to the disability company since that money was already taxed. 

If not, I think they may be out of luck.

You've done the lump sum calculations, allocating the figures to the correct years (theres a smart worksheet for that) and it still makes too much taxable in 2022?


♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
BobKamman
Level 15

It was not paid back until 2023?

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BAR833
Level 1

Yes original disability payments were included in income

I did claim the of right and deducted on schedule A but that reduction is not being used in income calculation

Yes broke down the years in the worksheet.

 

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BAR833
Level 1

Paid back in 2022

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Just-Lisa-Now-
Level 15
Level 15

Id use Claim of Right and figure the credit, (Sch 3, Line 13) not the Sch A deduction (assuming its over $3000). 

Pub 525, Page 37 explains how to figure the credit.


♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
BAR833
Level 1

Tried that and it gave them over $100k back.....

He received disability income from work ( not self employed ) 2018-2021 on W-2 

When he received the lump sum from social security that amount was paid back to disability payor.

Lump sum was &103,049

What the heck am I doing wrong?

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Just-Lisa-Now-
Level 15
Level 15

You need to go back to the prior years and figure out how much additional tax was paid when that income was included, that's the amount of credit you would get on the return in the year it was repaid. 

You dont take the entire amount of income as a credit.


♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
BobKamman
Level 15

It's still morning here but I don't think "claim of right" applies when the repayment is made in the same year as the income is received.  

Just-Lisa-Now-
Level 15
Level 15

@BobKamman wrote:

It's still morning here but I don't think "claim of right" applies when the repayment is made in the same year as the income is received.  


hmmm, you may be right, but she received the disability income in prior years, paid tax on it and paid it back to them in 2022 when she got the SSDI.   

I dont see a way to reduce the income for AOC, but they should be able to get the credit for the taxes paid on that money in prior years.


♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
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rbynaker
Level 13

@Just-Lisa-Now- wrote:

@BobKamman wrote:

It's still morning here but I don't think "claim of right" applies when the repayment is made in the same year as the income is received.  


hmmm, you may be right, but she received the disability income in prior years, paid tax on it and paid it back to them in 2022 when she got the SSDI.   

I dont see a way to reduce the income for AOC, but they should be able to get the credit for the taxes paid on that money in prior years.


That wasn't my read of the situation.  My understanding aligns with Bob's based on these two facts presented (doesn't mean the facts are right, or that the repayment went to the same entity that paid the benefits):

"I have a client that received SSDI lump sum payment in 2022"

"Paid back in 2022"

I'm assuming we're talking about a 2022 income tax return, but I'm not entirely sure of that at this point.

If these don't net on the same tax return, I agree, you may be SOL for AOC.  Good news though, most students spend (at least) 5 calendar years earning a 4-year college degree.  Fall in the first year and Spring in the fifth year.  So even if you skip an AOC along the way, just be sure to time the fifth year to pay that Spring tuition in January instead of December.  Mine stretched out to 4.5 years because I picked up an internship my senior year and didn't want a full course load on top of working part-time.  But alas, I predate the Hope credit.

Just-Lisa-Now-
Level 15
Level 15

I thought I read it as they paid that SSDI money they received back to the disability company to reimburse them for the income they gave them in previous years, they didnt pay it back to SSA.

 


♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
BobKamman
Level 15

Yes, now that it's afternoon I think Lisa and I are seeing the same thing.  However, it doesn't help with the education credit.  On the 2022 return, taxpayer has "claim of right" credit for tax paid on disability insurance payments received in 2018 through 2021.  However, that does not change AGI for 2022.  Since AGI exceeds limit, no education credit allowed.  

BAR833
Level 1

correct

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BAR833
Level 1

On the original filing we took claim repayment on line 31 under miscellaneous itemized deduction.

Was that wrong? 

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