2021 Tax Filing - Stimulus

[Wuozopo 4,285]

21 minutes ago, kmk813 said:

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. 

To file a joint return, both have to be a US citizen or resident or resident alien for tax purposes. The resident alien for tax purposes is what allows a K1 to even be on a joint return when they otherwise don’t pass the greencard test or the physical presence test. The couple can elect to be treated as a resident alien for tax purposes.

 

As far as the stimulus goes, do you remember the first stimulus from Trump? If the couple filed jointly with a SSN and ITIN, then nobody got the stimulus, not even the US Citizen spouse. Zero was paid unless there were 2 SSNs on the tax return. Stimulus 2, started out that way, but it was later modified to allow a USC to collect his part even if his wife had an ITIN. I think that was what the TurboTax rep was trying to explain. On a joint return just one has to have a SSN to claim his part of the stimulus. He is no longer denied because his spouse has an ITIN. She of course would not be allowed the stimulus without a SSN. 

[Coin3 66]

The TurboTax employee who responded to my question says that the single reference to "work-eligible SSN" in this IRS article is enough proof to disqualify eligibility.

 

It still doesn't feel very clear to me though...

Perhaps, I can see why they would get rid of the wording regarding a SSN "valid for employment" in most documents if they believe that the case of a nonresident filing as a resident for tax purposes with a SSN not valid for employment is too rare to bother.

 

Unless I can get a more clear official explanation, I'm just going to file assuming that my wife does qualify for the credit. If we are wrong, it appears the worst that would happen is the IRS has to recalculate for us, and our refund would be delayed longer.

[kmk813 11]

2 hours ago, Coin3 said:

The TurboTax employee who responded to my question says that the single reference to "work-eligible SSN" in this IRS article is enough proof to disqualify eligibility.

 

It still doesn't feel very clear to me though...

Perhaps, I can see why they would get rid of the wording regarding a SSN "valid for employment" in most documents if they believe that the case of a nonresident filing as a resident for tax purposes with a SSN not valid for employment is too rare to bother.

 

Unless I can get a more clear official explanation, I'm just going to file assuming that my wife does qualify for the credit. If we are wrong, it appears the worst that would happen is the IRS has to recalculate for us, and our refund would be delayed longer.

Thank you all for the help. It seems like there are many of us in the same situation of confusion. I have to absolutely say this is the best website I have found for help with immigration and people that truly care to help others. 

[Coin3 66]

I just got off a call with an IRS representative. She initially did not have a clear answer about the requirement for work authorization, so I was put on hold for a bit while she looked into it.

 

After returning to the call, she did confirm that based on internal documents she has access to, work authorization is not required to be eligible for the third Economic Impact Payment, and thus the Recovery Rebate Credit for 2021. In her words, from what I remember, "A valid SSN is one that is issued by the Social Security Administration before the due date of your tax return. The SSN does not need to be valid for employment for the third Economic Impact Payment."

 

This is great news for us! My wife should be eligible to receive the credit, and same for your husband @kmk813.

 

I did ask the IRS representative to talk with higher-up management about this confusion, as the current message to the public, including Tax Prep software companies, does not make it clear that work authorization is not required for the credit.

Edited February 2, 2022 by Coin3

[kmk813 11]

1 hour ago, Coin3 said:

I just got off a call with an IRS representative. She initially did not have a clear answer about the requirement for work authorization, so I was put on hold for a bit while she looked into it.

 

After returning to the call, she did confirm that based on internal documents she has access to, work authorization is not required to be eligible for the third Economic Impact Payment, and thus the Recovery Rebate Credit for 2021. In her words, from what I remember, "A valid SSN is one that is issued by the Social Security Administration before the due date of your tax return. The SSN does not need to be valid for employment for the third Economic Impact Payment."

 

This is great news for us! My wife should be eligible to receive the credit, and same for your husband @kmk813.

 

I did ask the IRS representative to talk with higher-up management about this confusion, as the current message to the public, including Tax Prep software companies, does not make it clear that work authorization is not required for the credit.

I guess we will be all in the same situation with them approving or rejecting it. It is crazy how no one can give a straight answer of yes or no. I plugged in my information into turbo tax and actually got a extra 50 dollars. And I won't owe the irs so that will be a huge relief. Only time will tell. Thank you for the help in this. I didn't mean to bombard the OP on her post. But I was in same situation. Good luck to you all. 

[Coin3 66]

I just want to update here that my wife and I received our tax refund, and she was approved for the $1400 Recovery Rebate Credit. We went through an H&R Block Tax Pro, so that they could override their software's assumption that she wasn't eligible, and so that they could attach our statement declaring her as a US resident for tax purposes and still e-file. We received our refund just a couple weeks later.

[ghostinthemachine 70]

14 hours ago, Coin3 said:

I just want to update here that my wife and I received our tax refund, and she was approved for the $1400 Recovery Rebate Credit. We went through an H&R Block Tax Pro, so that they could override their software's assumption that she wasn't eligible, and so that they could attach our statement declaring her as a US resident for tax purposes and still e-file. We received our refund just a couple weeks later.

Congrats on the refund! I just wanted to say thank you for being so proactive re the rebate situation and sharing your insights on here. I've been looking into the same issue assuming I'll be able to get me SSN before the deadline and all of this was extremely helpful  

[MrsAb2021 27]

Just wanted to add here. Husband is here on a K-1 with a pending AOS. We went to Jackson Hewitt and had our taxes done, he was eligible for the $1400 as well. When I asked about it, I was told if you were married during 2021 and he lived here then they are eligible. He said as long as you have a valid SSN, it doesn't matter.

 

Something to check out so you can get your correct amount!

[Familiar 7]

I wanted to check in and see if anyone is going through a similar experience or suggestions on how to proceed to increase chances for $1400 stimulus, or if we don't qualify. 

 

Husband originally came to states on 7/11/2021 as a visitor. Married and submitted paperwork end of 2021 for AOS in light of circumstances and deciding for him to stay here. 

We just got approval for EAD (3/18) which means there will be a SSN to follow (requested at same time of 765 application) within the coming weeks. 

We were looking in to filing our tax return with the statement of electing to be treated as US residents for tax purposes since husband wasn't in the country long enough physically to qualify as a resident. We have an appointment on 3/24 with local TAC to submit everything with W7 for ITIN since original timelines suspected a 6+ month process for EAD/SSN. It's unclear if we will get the SSN in time before 4/18 to mail off the tax return otherwise to qualify for the credit, as what I've been reading suggests so long as there's a valid SSN submitted before tax return deadline. 

 

Now I'm wonder if we should we file for an extension to submit return or is the deadline set on 4/18? It'll be a paper return due to the need for the declaration for joint filing status. The more I've read it seems a SSN is absolutely needed by the spouse and the additional credit cannot be approved on ITIN or pending ITIN application alone. 

[Wuozopo 4,285]

28 minutes ago, Familiar said:

Now I'm wonder if we should we file for an extension to submit return or is the deadline set on 4/18? It'll be a paper return due to the need for the declaration for joint filing status. The more I've read it seems a SSN is absolutely needed by the spouse and the additional credit cannot be approved on ITIN or pending ITIN application alone. 

For the $1400, the spouse needs a SSN issued before April 18.  OR before Oct 15 if you file for the extension. An extension will buy you more time to get the SSN.  Read about the extension here. There’s a link to te form or other ways mentioned.

https://www.irs.gov/forms-pubs/extension-of-time-to-file-your-tax-return

 

An ITIN does not allow the $1400.

Edited March 19, 2022 by Wuozopo

[Familiar 7]

15 minutes ago, Wuozopo said:

For the $1400, the spouse needs a SSN issued before April 18.  OR before Oct 15 if you file for the extension. An extension will buy you more time to get the SSN.  Read about the extension here. There’s a link to te form or other ways mentioned.

https://www.irs.gov/forms-pubs/extension-of-time-to-file-your-tax-return

 

An ITIN does not allow the $1400.

Would it just be me that files the individual extension since he's still not a US citizen? Or is there a special form that won't harm us filing a joint return at a later time?

[Wuozopo 4,285]

11 hours ago, Familiar said:

Would it just be me that files the individual extension since he's still not a US citizen? Or is there a special form that won't harm us filing a joint return at a later time?

A person does not have to be a US citizen to file a tax return and the IRS doesn’t have a place on the form to ask your immigration status. People who entered this country illegally file returns. I can’t see a problem putting both names on the extension form or just one. 

[ghostinthemachine 70]

Just thought I'd report back on this as an additional data point - we received our tax refund today, which included the $1400 for me. I've been in the US since April last year, married in June, received my SSN end of Feb this year and filed taxes as MFJ with my husband in March through Turbotax.

Edited April 8, 2022 by ghostinthemachine