Married filing jointly (NRA spouse) stimulus check

[Toby_Lee]

Hi,

I am an NRA (F1 visa) and had no US income in 2019 and filed as a non resident alien.

I got married to my US citizen spouse in 2020 and filed married jointly (so treated as a RA for tax return).

I do not meet the substantial presence test or green card test for 2020. Only deemed RA through election to file jointly.

Since for tax reasons I will be considered a RA, do I qualify for stimulus payments?

[ErnieS0]

No. You are still a nonresident alien for stimulus purposes. On the stimulus payment screen, enter that you received the full stimulus amounts ($1,200 and $600) even though you did not so TurboTax can calculate your spouse's stimulus.

If you enter $0, TurboTax will give you the stimulus by mistake because there are no questions asking whether or not you are a resident alien.,

The IRS says, "Under a new law enacted in December 2020, a married couple filing a joint return now may be eligible for a partial credit when only one spouse has a Social Security number valid for employment.

If you and your spouse did not receive one or both Economic Impact Payments because one of you did not have a Social Security number valid for employment, you should complete the Recovery Rebate Credit Worksheet or use tax preparation software to determine if you may claim a Credit on your 2020 tax return for the spouse with the Social Security number valid for employment.  If eligible for a Recovery Rebate Credit, you claim it on line 30 of your 2020 tax return."

Related Resource:

• Recovery Rebate Credit — Topic B: Eligibility

[Toby_Lee]

Thank you.

My spouse (USC) received both and I received none. We both had SSN.

So are you suggesting we both select we received both payments, rather than just my spouse?

[ErnieS0]

Yes. Otherwise TurboTax will add the Recovery Rebate Credit to your refund because nonresident aliens are normally not able to file Form 1040, but use Form 1040NR.

[Toby_Lee]

Thank you!

[uid4357667]

Hi ErnieS0,

Sad that I saw your reply now... I have mistakenly e-filed my tax returns and TurboTax account shows I shall get $1800*2.

Do you know how to make up for this?

[ErnieS0]

@bianteng92 The IRS is correcting tax returns for incorrect stimulus payments. They may catch it. Otherwise you can amend your return after you receive your refund and pay back the stimulus.