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LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 35309
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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Assume: 1) Work activity that increased income beyond the

Customer Question

Assume: 1) Work activity that increased income beyond
the “legal threshold” for SSDI eligibility is an absolute given
and 2) that all trial work months are possibly exhausted.
3) That this means an over-payment of SSDI is now critical to calculating tax
liability for the 2015 tax year 4) The SSA was contacted by phone
and advised of new work activity and the amounts earned.
I want to avoid tax liability for the current year’s over-payment in
2015 by going into social security and handing them a check for the
entire over-payment before Jan 1st 2016.
Would I be able to do this (go to the office) and achieve my goal of avoiding
tax liability for the presumed over-payment?
Submitted: 11 months ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 11 months ago.

OK, so what is your question, actually?

Customer: replied 11 months ago.
Exactly as I stated it. Will paying money back without an official overpayment notice be useful when filing
my taxes? I know there is an overpayment and that overpayment will make me liable to taxes on my past
benefits at a higher rate than if I hadn't been over paid.
Customer: replied 11 months ago.
I assume you can't respond because of the site wide engineering problem reported?
Expert:  LawTalk replied 11 months ago.

Good afternoon,

New professional here. I'm Doug, and I'm sorry to hear of the confusion.My goal is to provide you with excellent service today.

If you can personally calculate that you have received an overpayment and owe social security money from this calendar year, then you may make a payment to social security in 2015 and deduct it from taxable income earned in thisyear as well. However, you will only be able to deduct it to the extent that social security later deems that an overpayment was actually made and return of funds was legally due. if you accidentally overpay, that portion of any amount that you return that was not due---when social security gets around to calculating your overpayment----will not be deemed a re-payment of an overpayment and you wont be able to write that overage amount off---but you would be entitled to a refund of that overage.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best this holiday season,

Doug

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