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PDtax, CPA firm owner
Category: Social Security
Satisfied Customers: 4522
Experience:  35 years tax and professional advice in all matters money
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I am currently receiving ss benefits erroneously because I

Customer Question

I am currently receiving ss benefits erroneously because I am WORKING AND making more than $100k per year. I have apprised the SSA but the payments continue to start and stop. I did not report the income on a bankruptcy filing or on my draft tax schedule because it to be an incorrect entitlement and the Judge thinks I have been untoward. I am now 63. The judge over the matter thinks I cannot stop these erroneous payments. I am in a divorce hearing and need an answer asap. Question---can theses erroneous payments be stopped Since they are erroneous and will be collected back should I report them as income

Submitted: 4 years ago.
Category: Social Security
Expert:  PDtax replied 4 years ago.

PDtax :

Welcome to the site. I will be helping you today.

Expert:  PDtax replied 4 years ago.
The Social Security benefits you receive are to be reported as taxable in the year you receive them. You report as if you were keeping the benefits received.

When you repay those amounts, your SSA-1099 will report the amount of repayment. If your repayment shows as a negative amount, you can claim an itemized deduction for any amount you claimed as income in a prior year. is the source for that IRS tax treatment.

For example, let's say in 2012 you received $8,000, of which $6,800 was taxable. Report it, and pay the tax. In 2013, you received $12,000 and repaid $20,000. You would have $0 social security to report, and have an itemized deduction for $6,800 for the income you previously reported and paid tax on.

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