As an international student, should I return the EIP benefit ($1200 tax refund due to Covid-19 crisis) to IRS? or can I use the benefit?

[chay]

Dear,

I hope you are doing well in these challenging times.
I am an international student in USA, a recent graduate student completing a master's degree in Fall 2019. After finishing my master's degree, I went back to my home.

Before moving back to my home, I went to the Human Resource office at  my university frequently to complete my tax submission (I had worked as a TA for Fall 2019). In the process of preparing my tax application, the Human Resource office told me that I needed to submit my tax application like an american because I had lived in USA for more than 10 years (according to the office, my status was different from other international students because I had lived in USA for more 10 years, had a social security number since 2012, had a history of paying taxes). Therefore, I followed the instruction. I changed my mailing address to my home address (international address). Consequently, I got all the necessary documents. As a result, I used Turbo Tax to submit my tax applications, and the website told me that I succeeded to submit all the necessary information. After completing the submission, I got back the tax refund.

I thought that the first tax refund was all the tax refund I would get. However, I have checked my USA bank account today, and it showed that I got an additional tax refund ($1200). I think it is a tax refund for Covid-19 (I think it is about CAREs ACT) but I want to know whether I can use the second tax refund ($1200) or should return it to IRS because I am no longer an employee at my university for Spring 2020. Please help me find a way to deal with this problem. If I should return it to the government, please help me find a way to return it to IRS without paying additional fees because I do not have dollars left in my USA bank except $1200 which I got due to Covid-19 outbreak (I never requested to get the EIP benefit. The only thing I did since Dec 2019 was submitting my tax applications for Fall 2019 by using Turbo Tax ). If I can use it, should I worry about paying back some of amount later this year?

Thank you so much for your help.

Sincerely,

[MinhT1]

As you have lived in the U.S. for 10 years and have a SSN, you are considered as a resident alien for tax purposes for 2019. However, in order to qualify for the stimulus payment of $1,200, you have to qualify as a resident alien in 2020. If you have left the U.S. and will not be here in 2020, you do not qualify and have to return the sum of$1,200 to the IRS.

Please read this IRS FAQ for more information, especially questions 11 and 41.