If you have to pay back a sign on bonus do you get back the withholding on it when you file your tax returns? For instance if the sign on bonus is 10k, there si withholding on that. So you actually receive 6k (assumption). But if you leave the company you pay back 10k no? How do you get the 4k back?

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If your payout and payback were in the same year then the W-2 from your employer will reflect your wages without the bonus but your withholding on the bonus will still be included. This means you are overwitheld and should get a refund for it, assuming you don't owe tax for something else.

If your payout and payback are in different years then one of two things will happen:

If your bonus was more than $3K, then you file a Claim of Right credit (Sec 1341) to true it up.

If your bonus was less than $3K, then the only way you get the withholding back is if your employer amends their payroll, which they probably will not do, so you will need to fight them for it.

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Section 1341, but otherwise this we’ll thought out and thorough response is correct.

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That’s correct.

Thank you!

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