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Sierra TC

2021 Tax Filing - Stimulus

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Filed: K-1 Visa Country: Mexico
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Hello there,

 

This is the first year my Husband (non-citizen with pending AOS) and I are filing our taxes together. He is not employed and has no wordwide income, so we have decided to file jointly and send the attachment required to treat him as a U.S. citizen for tax purposes. I have gone through a few tax programs, each of them ask we received a third stimulus check and for how much. I did receive this, my husband was my fiance at the time and living in another country so of course he didn't qualify. When I enter the amount I received $1,400, I am directed to another screen that is adding the same amount for my husband as a credit on my return. Has anyone experienced this? I know it's early to file I was just getting a head start.

 

Thanks!

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Filed: AOS (apr) Country: Brazil
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4 hours ago, Sierra TC said:

Hello there,

 

This is the first year my Husband (non-citizen with pending AOS) and I are filing our taxes together. He is not employed and has no wordwide income, so we have decided to file jointly and send the attachment required to treat him as a U.S. citizen for tax purposes. I have gone through a few tax programs, each of them ask we received a third stimulus check and for how much. I did receive this, my husband was my fiance at the time and living in another country so of course he didn't qualify. When I enter the amount I received $1,400, I am directed to another screen that is adding the same amount for my husband as a credit on my return. Has anyone experienced this? I know it's early to file I was just getting a head start.

 

Thanks!

You're not treating him a US Citizen, you're treating him as a resident alien. He's eligible for the 3rd stimulus check as he's been considered a resident alien for 2021 and has a SSN.

Edited by Ayrton

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Filed: AOS (apr) Country: Brazil
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1 hour ago, Sierra TC said:

He does, but it's not valid for employment.

It doesn't matter. He's eligible for the 3rd stimulus. 

 

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Filed: Citizen (apr) Country: England
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On 1/18/2022 at 3:41 PM, Sierra TC said:

Hello there,

 

This is the first year my Husband (non-citizen with pending AOS) and I are filing our taxes together. He is not employed and has no wordwide income, so we have decided to file jointly and send the attachment required to treat him as a U.S. citizen for tax purposes. I have gone through a few tax programs, each of them ask we received a third stimulus check and for how much. I did receive this, my husband was my fiance at the time and living in another country so of course he didn't qualify. When I enter the amount I received $1,400, I am directed to another screen that is adding the same amount for my husband as a credit on my return. Has anyone experienced this? I know it's early to file I was just getting a head start.

 

Thanks!


it’s a 2021 stimulus. Your tax program figures the allowed stimulus for both of you (joint return) so $2800. Then it asks how much was already received. $1400.

$2800 (minus) $1400 = $1400 balance due, paid as a credit. 
 

If he didn’t has a SSN, he wouldn’t be eligible. 

Edited by Wuozopo

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Filed: AOS (pnd) Country: Thailand
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On 1/19/2022 at 3:08 PM, Ayrton said:

It doesn't matter. He's eligible for the 3rd stimulus. 

 

Is there a source for some announcement of this change? I've been looking through the IRS website, and while I see that for 2021 returns it no longer mentions a SSN valid for employment as a requirement for the Recovery Rebate Credit, it was listed as a requirement for 2020 returns.

 

"A valid SSN for the Recovery Rebate Credit claimed on a 2020 tax return is one that is valid for employment in the United States and is issued by the Social Security Administration (SSA) before the due date of your 2020 tax return (including an extension to October 15, 2021, if you requested it)."

Source: https://www.irs.gov/pub/newsroom/fs-2022-02.pdf

 

"A valid SSN for the 2021 Recovery Rebate Credit is one that is issued by the Social Security Administration by the due date of your 2021 tax return (including an extension if you requested the extension by the due date)."

Source: https://www.irs.gov/pub/newsroom/fs-2022-04.pdf

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5 hours ago, Coin3 said:

Is there a source for some announcement of this change? I've been looking through the IRS website, and while I see that for 2021 returns it no longer mentions a SSN valid for employment as a requirement for the Recovery Rebate Credit, it was listed as a requirement for 2020 returns.

 

"A valid SSN for the Recovery Rebate Credit claimed on a 2020 tax return is one that is valid for employment in the United States and is issued by the Social Security Administration (SSA) before the due date of your 2020 tax return (including an extension to October 15, 2021, if you requested it)."

Source: https://www.irs.gov/pub/newsroom/fs-2022-02.pdf

 

"A valid SSN for the 2021 Recovery Rebate Credit is one that is issued by the Social Security Administration by the due date of your 2021 tax return (including an extension if you requested the extension by the due date)."

Source: https://www.irs.gov/pub/newsroom/fs-2022-04.pdf

A SSN issued for K1 is valid for employment.

 

NWmT2.png

 

The only ones not eligible for the first rebates, would be the ones that specifically says "Not valid for employment".

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3 hours ago, Ayrton said:

A SSN issued for K1 is valid for employment.

 

NWmT2.png

 

The only ones not eligible for the first rebates, would be the ones that specifically says "Not valid for employment".

Regarding the top left SS card, it would only be eligible if the K1 immigrant obtains a work authorozation permit.

 

"If "Valid for Work Only with DHS Authorization" is printed on the individual's Social Security card, the individual has the 
required SSN only as long as the Department of Homeland Security authorization is valid."

Source: https://www.irs.gov/pub/newsroom/fs-2022-02.pdf

 

However, I'm more curious about the rebate for the third payment in 2021. If employment authorization is no longer a requirement, when was that change announced and why?

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2 hours ago, Coin3 said:

However, I'm more curious about the rebate for the third payment in 2021. If employment authorization is no longer a requirement, when was that change announced and why?


I always go by the instructions for the 1040 when doing a return. I don’t see any mention of “work authorization” so would claim the credit. https://www.irs.gov/pub/irs-pdf/i1040gi.pdf 

 

Instructions page 57
Generally, you are eligible to claim the recovery rebate credit if in 2021 you (or your spouse if filing a joint return) were a U.S. citizen or U.S. resident ali- en, weren't a dependent of another tax- payer, and have a valid social security number.

 

Instructions page 58

Valid social security number. A valid social security number is one that is issued on or before the due date of your 2021 return (including extensions).

 

 

 

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On 1/27/2022 at 12:04 PM, Wuozopo said:

 


I always go by the instructions for the 1040 when doing a return. I don’t see any mention of “work authorization” so would claim the credit. https://www.irs.gov/pub/irs-pdf/i1040gi.pdf 

 

Instructions page 57
Generally, you are eligible to claim the recovery rebate credit if in 2021 you (or your spouse if filing a joint return) were a U.S. citizen or U.S. resident ali- en, weren't a dependent of another tax- payer, and have a valid social security number.

 

Instructions page 58

Valid social security number. A valid social security number is one that is issued on or before the due date of your 2021 return (including extensions).

 

 

 

When I check the box not valid for employment it doesn't let me add the rebate for my husband. When I uncheck the box It allows me to receive the 1400 for my husband. I am assuming by the comments that a k1 visa ss card is for work authorization he just has to have permission which we are waiting for. I am truly confused and if I am able to claim the rebate for him that will prevent me from having to pay 1300 back to irs. I have filed head of household for 20 years with my sons and have always paid received money back. So please correct me if I am wrong. Because I have been so stressed for 2 weeks thinking I have to pay back for the first time. 

Edited by kmk813

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1 hour ago, kmk813 said:

When I check the box not valid for employment it doesn't let me add the rebate for my husband. When I uncheck the box It allows me to receive the 1400 for my husband. I am assuming by the comments that a k1 visa ss card is for work authorization he just has to have permission which we are waiting for.

It is my understanding that the SS card your husband received (and my wife as well) is not considered valid for employment until work authorization is actually received, based on the 2020 IRS Fact Sheet that I linked before.

 

Which tax prep software are you using? I put my info into both TurboTax and H&R Block. TurboTax hasn't asked about work authorization at all, and thus gives my wife the credit, but H&R Block does exactly as you described.

 

I talked with a representative from H&R Block today, and they did find a reference on the IRS website that does mention requirement for work authorization:

 

https://www.irs.gov/newsroom/more-details-about-the-third-round-of-economic-impact-payments 

"As with EIP2, joint filers where only one spouse has a Social Security number (SSN) will normally get the third payment. This means that these families will now get a payment covering any family member who has a work-eligible SSN."

 

However, I found out that article was followed up by another nearly identical article, which removes the reference to "work-eligible SSN" and instead states "A valid SSN for EIP3 is one that is issued by the Social Security Administration before the due date of your tax return."

https://www.irs.gov/newsroom/updated-details-about-the-third-round-of-economic-impact-payments

 

Since TurboTax seems to not be checking for work authorization, I decided to open a thread in their support community hoping that they can provide clarification:

https://ttlc.intuit.com/community/tax-credits-deductions/discussion/recovery-rebate-credit-valid-ssn-is-work-authorization-still-required/01/2437770#M229872

 

I'm not quite in the same situation as you, as I will already be getting a refund based on the increased standard deduction filing jointly with my wife, but I am of course interested in getting the credit for my wife if possible, so I'll let you know if I find out anything definitive.

 

 

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3 hours ago, Coin3 said:

It is my understanding that the SS card your husband received (and my wife as well) is not considered valid for employment until work authorization is actually received, based on the 2020 IRS Fact Sheet that I linked before.

 

Which tax prep software are you using? I put my info into both TurboTax and H&R Block. TurboTax hasn't asked about work authorization at all, and thus gives my wife the credit, but H&R Block does exactly as you described.

 

I talked with a representative from H&R Block today, and they did find a reference on the IRS website that does mention requirement for work authorization:

 

https://www.irs.gov/newsroom/more-details-about-the-third-round-of-economic-impact-payments 

"As with EIP2, joint filers where only one spouse has a Social Security number (SSN) will normally get the third payment. This means that these families will now get a payment covering any family member who has a work-eligible SSN."

 

However, I found out that article was followed up by another nearly identical article, which removes the reference to "work-eligible SSN" and instead states "A valid SSN for EIP3 is one that is issued by the Social Security Administration before the due date of your tax return."

https://www.irs.gov/newsroom/updated-details-about-the-third-round-of-economic-impact-payments

 

Since TurboTax seems to not be checking for work authorization, I decided to open a thread in their support community hoping that they can provide clarification:

https://ttlc.intuit.com/community/tax-credits-deductions/discussion/recovery-rebate-credit-valid-ssn-is-work-authorization-still-required/01/2437770#M229872

 

I'm not quite in the same situation as you, as I will already be getting a refund based on the increased standard deduction filing jointly with my wife, but I am of course interested in getting the credit for my wife if possible, so I'll let you know if I find out anything definitive.

 

 

I am using H&R block. I have not tried any different one. I will jump on that thread and see if anyone chimes in with their knowledge. I think i am about to have to go pay for someone to do it for me so i dont get in trouble for it. Thank you. 

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On 1/27/2022 at 12:14 AM, Coin3 said:

Is there a source for some announcement of this change? I've been looking through the IRS website, and while I see that for 2021 returns it no longer mentions a SSN valid for employment as a requirement for the Recovery Rebate Credit, it was listed as a requirement for 2020 returns.

 

"A valid SSN for the Recovery Rebate Credit claimed on a 2020 tax return is one that is valid for employment in the United States and is issued by the Social Security Administration (SSA) before the due date of your 2020 tax return (including an extension to October 15, 2021, if you requested it)."

Source: https://www.irs.gov/pub/newsroom/fs-2022-02.pdf

 

"A valid SSN for the 2021 Recovery Rebate Credit is one that is issued by the Social Security Administration by the due date of your 2021 tax return (including an extension if you requested the extension by the due date)."

Source: https://www.irs.gov/pub/newsroom/fs-2022-04.pdf

I spoke to irs and they told me to call turbo tax. Turbo tax said to be eligible the spouse has to be a US resident or citizen. But if filing married jointly then only only one needs to have a ssn number. All this is confusing. I am searching where the irs has said for if filing married jointly then only one needs to have a valid ssn. I am also reading through the links you posted. 

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Filed: Citizen (apr) Country: England
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6 hours ago, Coin3 said:

It is my understanding that the SS card your husband received (and my wife as well) is not considered valid for employment until work authorization is actually received, based on the 2020 IRS Fact Sheet that I linked before.

Does this SSA document help. Scroll down to K-1 fiancé.

https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211530

 

The link has been posted in the  VJ guides about getting a social security number for as long as I can remember. 
 

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