If my spouse passed away Jan 23, 2020, does he qualify for first or second stimulus

[NCperson]

sorry for your loss;

the 1st stimulus payment is to be returned; it should not be reflected on the tax return in any way.  I did test this in Turbo Tax (desktop) and it may overstate your refund.... because it gives a stimulus credit for someone who passed away in 2020.  What is tricky is that the IRS ruled that if the person passed away prior to receiving the stimulus, it needs to be returned outside the tax return, but if the person passed away after receiving it, it is their to keep.  So that is hard to program I would imagine.  It is the honor system to return it. 

the 2nd one is yours to keep - because of the confusion on the 1st stimulus, Congress made this clear on the 2nd stimulus.  Anyone who passed on or after January 1, 2020 is entitled to the stimulus.

that is the way the law was passed.  

@VolvoGirl @Critter-3 - can someone re-test the 1st stimulus on someone who has passed away? I could not get TT to remove the 1st payment - it would be hard to program since it is unknown whether someone received the stimulus before or after they passed. 

[VolvoGirl]

@NCperson  Glad you posted me.  My mother-in-law died in Oct 2020.  I  do their taxes.  They got the full 2,400 check in April.  Where did you see about getting the second one even if you died?

[twinkles777]

[twinkles777]

Would the second be come automatically or how would I get it?

[NCperson]

there is nothing specific yet on the IRS website, but the new law specifically excluded anyone who died prior to January 1,2020  (which means don't include them in the worksheet calculation for what you are ACTUALLY due) and was silent on those that died after January 1, 2020  (which means include them in the worksheet calculation for what you are ACTUALLY due)

Separate from the actual, the 2nd stimulus payment is supposed to exclude payments to those who passed prior to 1/1/20, even though anyone who died in 2019 would have been listed on their 2019 tax return, and that 2019 tax return is the basis of the 2nd stimulus payment! 

(Separate the PAYMENTS from the 2020 ACTUALS in your mind as you read my explanation and the article!)

https://www.cnbc.com/2020/12/30/dead-people-may-still-get-600-stimulus-checks.html

does that help? 

[NCperson]

@twinkles777 - the 2nd would come automatically.  if it doesn't, there is a 'settle up' section on the 2020 tax return, so worst case, you will capture it there as a credit which will increase the refund  or reduce taxes owed. 

look at line 30 Form 1040 when you complete the return - that is where any additional money owed will be reflected. 

what is the date on your screen shot? it looks like an article posted BEFORE the 2nd stimulus law was passed.  As noted above, the two stimulus payments works differently for those who passed in 2020.  

[NCperson]

@VolvoGirl - let me state this one other way, as it may be simplier 

1) the ACTUAL calculation is based on the 2020 tax return, right? And Congress did not put anything into the 2nd stimulus law about people dying in 2020 and these people would be listed on their final tax return, so they are in the eligibility calculation for the 2nd stimulus; nothing precludes it.  People who died in 2019 would not be listed on the 2020 tax return, so they would not be in the EIP calculation in any event.

2) Congress specifically stated that the 2019 tax return was to be used to calculate the PAYMENT for the 2nd stimulus EXCEPT that people who died in 2019 were to be excluded. 

this is the law: 

ADVANCE REFUND AMOUNT.—For pur18
poses of paragraph (1), the advance refund amount
19 is the amount that would have been allowed as a
20 credit under this section for such taxable year if this
21 section (other than subsection (e) and this sub22
section) had applied to such taxable year. For pur23
poses of determining the advance refund amount
24 with respect to such taxable year—
1 ‘‘(A) any individual who was deceased be2
fore January 1, 2020, shall be treated for pur3
poses of applying subsection (g) in the same
4 manner as if the valid identification number of
5 such person was not included on the return of
6 tax for such taxable year, and

(the part in red means they are to be excluded from the advance payment)