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I came to USA as a nonimmigrant worker ( H1B) on July 2021.. Am I really eligible to 3rd Stimulus

 
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5 Replies
JamesG1
Expert Alumni

I came to USA as a nonimmigrant worker ( H1B) on July 2021.. Am I really eligible to 3rd Stimulus

This IRS FAQ states:

 

Who was eligible for the third-round Economic Impact Payment? (updated March 25, 2022) 

 

Generally, if you were a U.S. citizen or U.S. resident alien during 2021, you were eligible for $1,400 ($2,800 for a joint return), plus $1,400 for each qualifying dependent,

 

  • if you (and your spouse if filing a joint return) were not a dependent of another taxpayer on a 2020 tax return, 
  • have a valid Social Security number (SSN) (see exception when married filing jointly and exception for qualifying dependents) and 
  • your adjusted gross income (AGI) did not exceed: 
  •   $150,000 if married and filing a joint return or if filing as a qualifying widow or widower 
  •   $112,500 if filing as head of household or 
  •   $75,000 for eligible individuals using any other filing statuses, such as single filers and married people filing separate returns.

If you did not receive the third stimulus payment, you may receive that amount through a Recovery Rebate Credit found on line 30 of the 2021 Federal 1040 tax return.

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I came to USA as a nonimmigrant worker ( H1B) on July 2021.. Am I really eligible to 3rd Stimulus

I am filing 2021 taxes as a single and were not in USA in 2019 or 2020... Please Advice

KrisD15
Expert Alumni

I came to USA as a nonimmigrant worker ( H1B) on July 2021.. Am I really eligible to 3rd Stimulus

I believe you are NOT eligible for the Recovery Rebate Credit since the requirement states you must have been a U.S. Resident in 2021. 

If the only time you resided in the U.S. was since July 2021, you would not meet the Substantial Presence Test for 2021. 

 

  • 31 days during the current calendar year and
  • 183 days during the three-year period that includes the current calendar year and the two years immediately preceding. The individual should count: all the days he/she was present in the U.S. in the current year, 1/3 of the days present in the U.S. the preceding year, and 1/6 of the days present the year before that.

 

I do not see an area where the program asks about your residency, only if you have a Social Security Number.

The IRS Worksheet states:

"See the instructions for line 30 to find out if you can take this credit and for definitions and other information needed to fill out this worksheet"

The instructions say:

"Generally, you are eligible to claim the recovery rebate credit if in 2021 you (or your spouse if filing a joint return) were a U.S. citizen or U.S. resident alien, ..."

 

The program will compute the credit and does not let you delete the credit.

I suggest you tell the program that you DID get the payment so that the program does not add the Recovery Rebate to your return. 

When you do this, your response is only used on a TurboTax worksheet, it is not anything that is listed on your return. It does not get transmitted to the IRS. 

 

Your 1040 Line 30 should be blank. 

If I am wrong, the IRS will add the credit, but if I am correct, it is better that you don't have it show on your 1040 line 30. 

 

To eliminate the credit:

Delete the "Recovery Rebate Credit Worksheet" ( Recov Rebate Cr)

 

Online:

Select Tax Tools than Tool on the left side bar near the bottom

Select "Delete a Form" on the Tools Center Screen

Scroll down and delete the form

 

Desktop:

Switch to forms (top right)

Scroll down and select Recov Rebate Cr

Click Delete Form at the bottom of the screen

 

The program will again ask about the payment you  received.

Enter 1,400 if you are filing single. 

 

Again, this is NOT lying to the IRS, it is making the program not enter the credit. 

 

 

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I came to USA as a nonimmigrant worker ( H1B) on July 2021.. Am I really eligible to 3rd Stimulus

Thank you So much ! This has been really helpful. 

ErnieS0
Expert Alumni

I came to USA as a nonimmigrant worker ( H1B) on July 2021.. Am I really eligible to 3rd Stimulus

What type of return are you filing? If you agree with Tax Expert @KrisD15 that you are not a resident, then you should not be filing a resident return using TurboTax.

 

Nonresidents file Form 1040NR. TurboTax does not prepare this form but you can use our partner Sprintax.com. There is no option on Form 1040NR to claim a Recovery Rebate Credit.

 

 

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