F1 Visa Stimulus check

[pablotupi]

Hi!
Hope you can help me with this one.

I'm a F1 student on OPT (not working yet). I'm in the US since 2018, but only received SSN and work authorization (OPT) 2 months ago (apr/20). Didn't file any tax return yet, so didn't got the stimulus check.

I'm still trying to figure out if I'm elegible, since I didn't have a SSN or any income last year and 2018.

Now I see that non fillers should have sent their information until may 5, otherwise only next year when filing 2020 tax. But since the link was still working, I just applied, because, why not, right? 

Do you think is plausible that I should get the check (even late)?

I appreciate your answer!

[VictoriaD75]

If you were considered a nonresident for tax years 2018 & 2019, you will not qualify for the stimulus payment. 

Per the IRS:

A2. Although some filers, such as high-income filers, will not qualify for an Economic Impact Payment, most will.

Taxpayers likely won't qualify for an Economic Impact Payment if any of the following apply:

• You do not have any qualifying children and your adjusted gross income is greater than
  • $198,000 if your filing status was married filing jointly
  • $136,500 for head of household
  • $99,000 for all other eligible individuals
• You can be claimed as a dependent on someone else’s return. For example, this would include a child, student who can be claimed on a parent’s return or a dependent parent who is claimed on their child’s return.
• You do not have a Social Security number that is valid for employment.
• You are a nonresident alien.
• You filed Form 1040-NR or Form 1040NR-EZ, Form 1040-PR or Form 1040-SS for 2019.
• An incarcerated individual.
• A deceased individual.
• An estate or trust.

However, you may be qualified for the stimulus as a credit on your 2020 tax return if your status has changed for tax year 2020. 

Information about who is getting the stimulus check can be found in the links below:

What do I need to know about the coronavirus stimulus package?

Economic Impact Payments

[pablotupi]

Hey Victoria, thanks for the answer!

Since I was living in the for the whole 2019 year, I guess I can be considered a resident for tax purposes. However, since I didn't have a SSN at the moment or any income (not allowed to work) I didn't file taxes at that moment.

Since I do have a SSN valid for work now, do you think they can consider me as a non filler for the 2019 year?

That's good to know that at least I will probably be eligible on my 2020 tax return!

[JotikaT2]

No.

You would have needed to have the Social Security number during the 2019 tax year to even be considered for the stimulus payment.

[SANDEEPU123]

Hi david @DavidS127 ,

Thanks for explaining the procedure. I am an F1 student also in the same situation. Also i did a mistake while adding W2 details.Do i need to add those details in 1040x (parts 1 2 &3)or is new 1040nr correctly filled is enough with empty 1040x with my details on it

[DavidS127]

If you are amending from a Form 1040 to a Form 1040NR, just prepare the Form 1040NR correctly, you don't need to put anything on the Form 1040X in Part I or Part II.  I recommended adding to the Part III explanation, e.g., "In addition to amending for the correct Form 1040NR instead of the original Form 1040, the Form 1040NR included herein also corrects an error in the W-2 amount reported on original Form 1040".

[BettySmith]

Hi David,

I'm just learning I filed my 2019 taxes wrong. I am an F1 student. I received a refund that I have spent already and the stimulus check. Will I have to return all that money if I amend my taxes and what are my options if I cannot afford to do so?

[Sherry201]

Contact your local Low Income Taxpayer Clinic. They are federally funded for taxpayer services. They can set you up on a payment plan. https://www.irs.gov/advocate/low-income-taxpayer-clinics/low-income-taxpayer-clinic-map