Mixed-status family second stimulus payment question

[canrun1975]

Thank you for the replies.

No, if your wife is a nonresident alien for tax purposes, she does not qualify for a 3rd stimulus payment, if the law is signed as is.

My wife has an SSN and we file jointly, so for tax purposes (only) she is considered a US resident. (Please correct me if I am wrong). Please read thread above for specific details. 

https://www.irs.gov/individuals/international-taxpayers/nonresi[product key removed]e

Now that the bill has been signed into law, can someone give me a more definitive answer? (Not snark- I've just been given several conflicting answers). Thank you! 

[canrun1975]

I can't attach the link for some reason. Not that important to the discussion, though. IRS Nonresident Alien Spouse information. 

[Cynthiad66]

To claim the Recovery Rebate Credit, you

• Must be owed an additional amount based on the information in this year’s 2020 Tax Filing. The maximum amounts are:
  • First payment: $1,200 ($2,400 if married filing jointly for 2020) plus $500 for each qualifying child you had in 2020; and
  • Second payment: $600 ($1,200 if married filing jointly for 2020) plus $600 for each qualifying child you had in 2020
• Must be a U.S. citizen or U.S. resident alien,
• Have a valid Social Security number, and
• You can’t have been claimed as a dependent on someone else’s 2020 tax return

In general, taxpayers without an eligible Social Security number are not eligible for the credit. However, married taxpayers filing jointly where one spouse has a Social Security number and one spouse does not, are eligible.

There are also AGI limits to receive the full amount of the credit. Your adjusted gross income (AGI) must be below,

How to Claim The Rebate Recovery Credit

[canrun1975]

Hi all, I'm going to file taxes with TurboTax tomorrow and just hoping to get some final clarification regarding the third stimulus before I do. 

I am a US citizen. My wife is a non-resident alien WITH a SSN and we file taxes jointly. Therefore, for tax purposes she is a US resident.

Does she qualify for the third round of stimulus payments? I've gotten several different answers here in the past week or so. Thanks to anyone who can offer anything definitive. Much appreciated. 

[DoninGA]

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@canrun1975 wrote:

Hi all, I'm going to file taxes with TurboTax tomorrow and just hoping to get some final clarification regarding the third stimulus before I do. 

I am a US citizen. My wife is a non-resident alien WITH a SSN and we file taxes jointly. Therefore, for tax purposes she is a US resident.

Does she qualify for the third round of stimulus payments? I've gotten several different answers here in the past week or so. Thanks to anyone who can offer anything definitive. Much appreciated. 

---

Go to this IRS website for information - https://www.irs.gov/newsroom/more-details-about-the-third-round-of-economic-impact-payments

[canrun1975]

Hi all, checking in after filing my 2020 taxes a few weeks ago. The IRS stimulus update website still not helping with anything new. I wanted to ask again about the third stimulus for my wife and myself. 

I'm a US citizen, my wife a non-resident alien. We file jointly. However she DOES have a SSN and is considered a US resident for tax purposes. 

I'm seeing nothing on the IRS stimulus update website. So, I'll ask again: are we A. Both eligible for the stimulus B. Only I am eligible or C. Neither of us are eligible? Any suggestions and insight on how to proceed are much appreciated!

IRs has our direct deposit information on hand. Thanks a lot! 

[DMarkM1]

A is the correct answer.  If your spouse is considered Resident Alien and she has a social security number she will be eligible for the third round of stimulus payments. You are a US citizen with a valid social security number so you too are eligible.  All assuming you meet the income limits as well.

Here is a link with more information on the third round of stimulus.  See the paragraph "Who is eligible".  

[canrun1975]

Thank you for the reply.

How should we proceed if we/I do not receive the third stimulus? Neither of us received the second, so I applied for the credit for myself only on my 2020 taxes as advised here. 

Any suggestions if we do not ultimately receive the third? Thank you. 

[DianeW777]

For now, you must wait until your 2020 tax return is fully processed.  As long as the address is correct and/or the bank deposit information if applicable, then it a matter of waiting for the IRS to catch up. 

This year has brought challenges. The IRS is required to reconcile the tax returns and stimulus payments as well as working on the third stimulus payments due to the American Rescue Plan Act (ARPA).  With the tax season and the changes taking place all at once, a delay should be expected for full payments. They want to be diligent and are required to follow any protocols they have been issued.  They will make any adjustments and additional payments as they complete the process.

The timeframe is unknown at this time, however you should give it more time.  At an appropriate length of time, you can contact the IRS to check your status. 

• Calling is extremely time consuming right now. If you want to try, call very early or very late based on the times below.
  • January - April  800-829-1040
    • Customer service representatives are available Monday through Friday, 7 a.m. to 7 p.m. local time, unless otherwise noted.
    • Telephone service wait times can average 15 minutes. Some telephone service lines may have longer wait times. 
    • Telephone service wait times are higher on Monday and Tuesday

[canrun1975]

Thank you for the reply. We will thus wait accordingly. 

[NCperson]

@canrun1975 - worst case scenario: the $1400 will be a Recovery Credit on the 2021 tax return next year.  Again worst case....

[Anonymous]

If she has a social security number and not an ITIN she will get the payment.  It is by either filing 1040NR or using an ITIN that the IRS selects who is and who isn't a "nonresident alien".  We learned this last year when a  ton of folks with SSNs who filed 1040 instead of 1040NR received checks.

When you file a joint return you are one taxpayer.  As a taxpayer, you are qualified fully if both individuals on the return have a social security number.  If one has an ITIN or no number, then first round you are not qualified at all, second and third round you are qualified for an amount for one individual rather than for two. 

[NCperson]

<<then first round you are not qualified at all>>

while that was true at the time of the first stimulus, when the 2nd stimulus came around Congress changed the law, retroactive to the 1st stimulus.

So with respect to ITIN, all three stimulus' work the same.  If you didn't get part of the 1st stimulus because a spouse had ITIN, it is reconciled with the Recovery Credits and you get the money on Line 30 of Form 1040.

[canrun1975]

Thank you for the replies. Hopefully the check/deposit will arrive shortly. If not, we'll cross that bridge when I file 2021 taxes.

Thanks again, all.