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Loophole

§1341 Claim of Right — Recover Tax on Income You Had to Repay

Repaid income (clawed-back bonus, rescinded settlement)? Take the BETTER of a deduction or a credit for prior-year tax.

Overview

IRC §1341 applies when you must repay in a later year income you previously included under a claim of right, and the repayment exceeds $3,000. You can either (a) deduct the repayment this year, OR (b) reduce this year's tax by the amount of tax the income actually cost you in the prior year — whichever leaves less tax. Common: clawed-back signing bonuses, rescinded stock comp, overpaid commissions, Ponzi restitution. Frequently overlooked; requires manual computation.

Best fit
Executives with clawed-back compSalespeople with commission recaptureFraud/Ponzi victims recovering funds
Estimated impact
10–37% of repayment amount (rate arb + prior-year credit)

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