How do I claim a stimulus check when my wife files her taxes as married but files separately and I am a non filer?

[user329132324]

I don't file because I have health issues that keep me from obtaining employment. But my wife is employed and files annually but files as married but filing separately

[xmasbaby0]

Why are you filing that way?   You can file a joint return even if one spouse has little or no income.  And it would be better for both of you. 

If you were legally married at the end of 2021 your filing choices are married filing jointly or married filing separately.

Married Filing Jointly is usually better, even if one spouse had little or no income. When you file a joint return, you and your spouse will get the married filing jointly standard deduction of $25,100 (+$1300 for each spouse 65 or older)  You are eligible for more credits including education credits, earned income credit, child and dependent care credit, and a larger income limit to receive the child tax credit. 

If you choose to file married filing separately, both spouses have to file the same way—either you both itemize or you both use standard deduction. Your tax rate will be higher than on a joint return. Some of the special rules for filing separately include: you cannot get earned income credit, education credits, adoption credits, or deductions for student loan interest. A higher percent of your Social Security benefits may be taxable. Your limit for SALT (state and local taxes and sales tax) will be only $5000 per spouse. In many cases you will not be able to take the child and dependent care credit. The amount you can contribute to a retirement account will be affected. If you live in a community property state, you will be required to provide additional information regarding your spouse’s income. ( Community property states:  AZ, CA, ID, LA, NV, NM, TX, WA, WI)

 If  you are using online TurboTax to prepare your returns, you will need to prepare two separate returns and pay twice.

https://ttlc.intuit.com/questions/1894449-married-filing-jointly-vs-married-filing-separately

https://ttlc.intuit.com/questions/1901162-married-filing-separately-in-community-property-states

https://ttlc.intuit.com/questions/1894449-is-it-better-for-a-married-couple-to-file-jointly-or-separ...

As for getting a stimulus check----you should have filed a 2020 tax return to use the recovery rebate credit to get the 1st and/or 2nd stimulus checks.  There is no place to enter anything on a 2020 return for the 3rd stimulus but you can file a 2021 return to get the 3rd stimulus as  credit.  

There is not a "non--filer" portal to get the stimulus checks---you have to get them by filing a tax return.   Your spouse could amend her married filing separately 2020 return to a joint return for both of you and get the EIP payment for you.  The results of that joint return would likely  be better than the separate return she filed unless there is something you have not told us---like do you owe back taxes or child support?

[Critter-3]

First just because you don't have any income doesn't mean you cannot file a joint return WITH your wife.   But if she is unwilling to amend her return to file jointly then you must also file a 2020 return  separately to get any of the first 2 stimulus payments you may have missed.   All the free programs are closed so you will have to get the form from the IRS and print, ink sign and mail in the return.  

[user329132324]

We've been married  for over 10 years. I have no income. I really am unsure why she files married filing separately.  I assumed maybe she felt she earned it and she wanted the credit for everything she's earned incase at some point if I do have income it will show who's earned what. 

As far as child credits both of us have children from previous marriages but they are all grown so tax credit are not an issue.

However, she us encouraging me to get SSDI  and I am truly not sure I want to go there because it would make me feel as I'm unable to do anything worthwhile.

We live in Indiana and I'm not familiar with the tax laws/credits/etc.

You said there's not a portal for a non filers to get the stimulus then why did a friend of mine who in 2018 -2020 was incarcerated and after bring release went to the gov site and filled out all their information and received 3 stimulus checks.  $1200, $600 and then $1400?

My wife nor I owe back taxes or child support.  What do I do next?

[user329132324]

We've been married  for over 10 years. I have no income. I really am unsure why she files married filing separately.  I assumed maybe she felt she earned it and she wanted the credit for everything she's earned incase at some point if I do have income it will show who's earned what. 

As far as child credits both of us have children from previous marriages but they are all grown so tax credit are not an issue.

However, she us encouraging me to get SSDI  and I am truly not sure I want to go there because it would make me feel as I'm unable to do anything worthwhile.

We live in Indiana and I'm not familiar with the tax laws/credits/etc.

You said there's not a portal for a non filers to get the stimulus then why did a friend of mine who in 2018 -2020 was incarcerated and after bring release went to the gov site and filled out all their information and received 3 stimulus checks.  $1200, $600 and then $1400?

My wife nor I owe back taxes or child support.  What do I do next?

[fanfare]

get the 2020 form 1040 from the IRS website. Use Filing status MFS (Separately).

fill Line 30 with the amount of EIP1 and EIP2

Then do the appropriate following lines resulting in a refund.

Sign and mail it in.

EIP3 comes later, automatically.

[Critter-3]

The free portal is no more ... to get missing stimulus payments you MUST file a 2020 paper return.  AND since you are filing this so late to get the third stimulus payment you will ALSO need to file a 2021 return.  When the IRS FREE FILE opens sometime in January you can efile it ...  http:www.IRS.Gov/freefile. 

And the 2 of you really should have a conversation with a local tax pro if you have been filing separately all these years ... you could have large refunds coming to you if you amend to joint for the last 3 tax years. 

[fanfare]

@Critter-3 

"you will ALSO need to file a 2021 return"

Not so fast.

IRS says once EIP1 and EIP2 are approved, EIP3 will come also.

"Each week we're sending the third round of Economic Impact Payments to eligible individuals as we continue to process tax returns. If you haven't received a payment yet, it doesn't mean you won't."

[Critter-3]

Since a paper return will take several months to process there is no way the third stimulus will be released this year so a 2021 return will also be required to get the RRC. 

[Opus 17]

---

@fanfare wrote:

@Critter-3 

"you will ALSO need to file a 2021 return"

Not so fast.

IRS says once EIP1 and EIP2 are approved, EIP3 will come also.

"Each week we're sending the third round of Economic Impact Payments to eligible individuals as we continue to process tax returns. If you haven't received a payment yet, it doesn't mean you won't."

---

No.  IRS processing of EIP 3 payments from 2020 tax returns ended around August.  At this point, EIP 3 will be claimed on a 2021 tax return.  

[Opus 17]

You will need to file a 2020 tax return under the status "married filing separately."  E-filing is closed, so you will print your return and mail it.  You don't need to file a state return.

At this point, you would need to buy Turbotax to install on your computer from a CD or download, the online program is closed so they can change over to 2021.  Turbotax only sells the Deluxe version for $80.  You may be able to find a leftover copy of the Turbotax Basic CD for 2020 from an online retailer for lower cost.  Or, because the return is simple, you can download the forms and instructions from the IRS web site and prepare your return by hand for no cost.  If you have no income, you are only claiming the round 1 and round 2 payments on line 30.

Be aware there are two different social security disability programs.  SSDI will pay if you are disabled and worked long enough before you became disabled to qualify.  There's no reason to not apply if you worked long enough to qualify in the system. Your spouse's income does not affect your SSDI benefit.  If you become able to work again, you can give up the benefit.  (You only have to certify that you are unable to work due to a condition that is permanent or will last at least one year.  If you can certify that now, and your health improves later, you can give up the benefit and return to work.)

https://www.ssa.gov/disability/

There is also SSI, which is need-based.  Hiding a spouse's income to qualify for SSI would be benefits fraud.

I won't attempt to advise you on your personal situation except to point out something others missed—if you do file a joint return, then you are taking joint and equal responsibility for all the income, deductions, and taxes owed, and you are equally responsible for any misstatement or errors, even if all the income is your spouse's.  While it will generally lower your tax to file jointly, there is a responsibility involved.  If your spouse is keeping their finances separate from you and you aren't comfortable signing a joint return, that's a valid concern. 

[xmasbaby0 · Accepted solution]

@user329132324 

In order to get the 3rd stimulus you will need to file a 2021 tax return.   It is too late to get the 3rd stimulus now in 2021.   But you can get it by filing a 2021 return in 2022.

 And we hope you will re-read and carefully consider the information that has been provided to you in this thread about filing jointly with your spouse.    Your spouse would not claim you as a dependent.   A spouse can never be claimed as a dependent.  By filing jointly instead of filing separately, much less of your spouse's earnings would be taxable.   Instead of having a standard deduction for one person of $12,550   ---- does it not sound better to the two of you for $25,100 of your spouse's earnings to be "tax-free?"   By filing jointly, your standard deduction (the income that is not taxed) is doubled.   The way your spouse has been filing has made MORE of her income subject to tax--apparently for years.   

The two of you could file amended returns for as far back as 2018 and likely get refunds by amending those returns to joint returns.  

As for applying for Social Security disability, that is up to you.   The process to obtain those benefits can take quite awhile.  And.....even if you are successful in getting SS disability, it would not mean you cannot ever work again or earn income again.   ("However, she us encouraging me to get SSDI  and I am truly not sure I want to go there because it would make me feel as I'm unable to do anything worthwhile.")    You can still earn income even when you are getting Social Security.  Your reasoning or your understanding of how it works is flawed.  Many people who are collecting Social Security also work and earn some income.   Another thing you should consider----you say you have health issues.   Depending on the severity of your disability, if you begin to collect Social Security disability, you can become eligible to receive Medicare before you turn 65.   You should be listening to your spouse when she suggests that you apply for disability.

Best of luck in getting your stimulus payments and in filing future tax returns.  

[xmasbaby0]

Oh----and Indiana does not tax Social Security.   There are only 13 states that tax Social Security---Indiana is not one of them.