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SSHERE
Level 1

Recovery Rebate Credit calculation for mixed status household

My wife has an ITIN, as she is on a VISA that is not eligible for SSN. I have an SSN. The first stimulus rules were that we won't get any payment unless I served in the military (or some other exceptions) if both people filing jointly did not have SSNs. So, we did not get any (correctly). The second stimulus rules were different and we got a payment of 1800 for me and two US citizen children. All of this is correct, but Turbo tax seems to think I should have received a first stimulus and tries to give me a credit when I enter 0 as the first stimulus payment. It does not seem to have the rule put in to calculate the first stimulus eligibility differently if filing jointly and the spouse has an ITIN.

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Opus 17
Level 15

Recovery Rebate Credit calculation for mixed status household

The actual law says that you are eligible. The IRS has published the final form 1040 instructions which include eligibility for any taxpayer with a Social Security number.  Some of the IRS’s decisions in the heat of the moment last spring did not actually conform to the law as written, but the tax return does.

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*

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2 Replies
Opus 17
Level 15

Recovery Rebate Credit calculation for mixed status household

The actual law says that you are eligible. The IRS has published the final form 1040 instructions which include eligibility for any taxpayer with a Social Security number.  Some of the IRS’s decisions in the heat of the moment last spring did not actually conform to the law as written, but the tax return does.

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*

View solution in original post

SSHERE
Level 1

Recovery Rebate Credit calculation for mixed status household

Thank you. I did more reading and it does seem to be the case.

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