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Tax

§1341 Claim of Right

Recover taxes paid on income you had to return later.

Overview

If you paid tax on income (bonus, commission, settlement, royalty) in prior year and had to repay it later, §1341 lets you choose the greater tax benefit of: (a) deducting the repayment in current year, or (b) recomputing prior-year tax as if you never received the income and taking that as a credit. Often missed on clawbacks and rescinded transactions.

Best fit
Clawback recipientsExecutives with reversed bonusesRepayment situations
Estimated impact
Full recovery of prior-year tax paid at higher bracket

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