If im legally married and spouse filed joint last year and were filing separate this year doing have to put his agi for mine last year or do I out I didn't do a return ?

[amexharleenx]

also he got a stimulus for 2021 but I didn't get one so do I qualify for the rebate

[xmasbaby0]

If you are filing separate returns for 2021 you are not going to enter your spouse's 2020 AGI anywhere.  And...if you personally did not get the 3rd EIP payment then you can get it as a recovery rebate credit on your 2021 return.  You do not enter anything about what your spouse got.   But----if you filed jointly for 2020 it is likely that you both received the $1400----did you get back $2800 last year?   You had better be sure of that before you say you did not get the stimulus last year.

Check your account online.

https://www.irs.gov/payments/your-online-account

But.....why are you filing separate returns? 

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 (+$1350 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...

[VolvoGirl]

If you filed a joint return for 2020 you each use the same joint AGI to efile 2021.   There is only one AGI on a Joint return.   A Joint return is one return combined for the both of you.   Did the joint return include all your info and income?

[Vanessa A]

You will put the AGI that was on your return which would have been the combination of his and yours.  

Whether or not you qualify depends on what you mean when you say you didn't get one but he did.  If they deposited the full amount into his account based on your 2020 return, then you technically got one as far as the IRS is concerned.  You would need to call the IRS to determine if there are further steps you can take to get it.

If nothing at all was received by you or for you and you qualify, then you would still be eligible. When you get to the end of the questions on TurboTax and in the review section, you will be able to enter that you did not receive any stimulus.  The amount you are eligible for will then be added to your refund. 

You can Click Here to check the amount the IRS sent you.  This is the amount that must be entered on your return when asked how much you received. 

[amexharleenx]

So I checked the irs thing says third payment amount for menos 2,100 so does that mean we received it or that’s what I qualify for I honeslty don’t know if he got 2,800 

[DMarkM1]

You should see a status message of some type.  Check the payment status questions in this IRS FAQ.  If the status message is "Payment Status:" with the date and method (direct deposit or check by mail or debit card) listed, then you have been paid according to the IRS records.  For those who filed jointly the amount will be the total paid for both filers. 

Therefore, since you are now filing separately, you will report on your return that you received half of the amount listed in the portal.