Tax Refund Dispute
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Tax Refund Dispute

 
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mrchongo
Guest





Posted: Wed Nov 09, 2005 9:00 am    Post subject: Tax Refund Dispute Reply with quote

I worked as EXPAT for global company, mid-2000 thru
mid-2002. I had an Expat agreement in writing. I was paid in
US$ to my US account by a division of the company in TX.
Repatriated 9/2002; terminated 10/31/2002. As in 2000 &
2001, payments for 2002 foreign income taxes were made on my
behalf by the company. The payments for 2002 were actually
made in 2003, after my termination, and reported on 2003 W-2
form as "hypothetical" 2003 income to me by company, subject
to withholding for IRS and state. I filed my 2003 returns
and received a considerable refund. Company wants the refund
by virtue of the Expat agreement used in prior years. I say
they have no claim to it since I had no employer/employee
relationship with them at the time the payment was made.
What do you say?

<< ======================================================= >>
<< The foregoing is intended for educational purposes only >>
<< and does NOT constitute legal OR professional advice. >>
<< >>
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<< Copyright (2005) - All rights reserved. >>
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Phil Marti
Guest





Posted: Wed Nov 09, 2005 11:57 pm    Post subject: Re: Tax Refund Dispute Reply with quote

"mrchongo" <mrchongo@gmail.com> wrote:

Quote:
I worked as EXPAT for global company, mid-2000 thru
mid-2002. I had an Expat agreement in writing. I was paid in
US$ to my US account by a division of the company in TX.
Repatriated 9/2002; terminated 10/31/2002. As in 2000 &
2001, payments for 2002 foreign income taxes were made on my
behalf by the company. The payments for 2002 were actually
made in 2003, after my termination, and reported on 2003 W-2
form as "hypothetical" 2003 income to me by company, subject
to withholding for IRS and state. I filed my 2003 returns
and received a considerable refund. Company wants the refund
by virtue of the Expat agreement used in prior years. I say
they have no claim to it since I had no employer/employee
relationship with them at the time the payment was made.
What do you say?

See a labor law lawyer. Tax law doesn't care about your
status when the payments are made, just what it was when the
payments were earned. This seems to be a question about the
interpretation of your Expat agreement.

--
Phil Marti
Clarksburg, MD

<< ======================================================= >>
<< The foregoing is intended for educational purposes only >>
<< and does NOT constitute legal OR professional advice. >>
<< >>
<< The Charter and the Guidelines for submitting >>
<< messages to this newsgroup are at www.asktax.org. >>
<< Copyright (2005) - All rights reserved. >>
<< ======================================================= >>
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