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Stimulus Check/Tax Refund

If someone has permission to work in the USA and they work about a month each visit are they eligible for stimulus check? They have a social security number and they receive W-2. In 2020 they earned $1,200 gross income, in 2019 they earned about $4500 of gross income. Also, they have never filed taxes so do they have to file taxes in order to claim their stimulus check? Or how to claim the stimulus check? And if they do file a tax refund would it benefit them or not? 

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Stimulus Check/Tax Refund

Probably not unless you are a resident alien. Nonresident aliens are not eligible for the Recovery Rebate Credit. You don't say what type of visa you have, but if you were only in the U.S. for a few months in 2019 and 2020, it sounds like you did not meet the substantial presence test to be considered a resident alien.

 

You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States (U.S.) on at least:

  1. 31 days during the current year, and
  2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
    • All the days you were present in the current year, and
    • 1/3 of the days you were present in the first year before the current year, and
    • 1/6 of the days you were present in the second year before the current year.

Generally, if you were a U.S. citizen or U.S. resident alien in 2020, were not a dependent of another taxpayer and have a Social Security number that is valid for employment, you are eligible for the Recovery Rebate Credit.  Your credit amount will be reduced if your adjusted gross income (AGI) is more than: 

  • $150,000 if married and filing a joint return or filing as a qualifying widow or widower
  • $112,500 if filing as head of household or
  • $75,000 for eligible individuals filing as a single or as married filing separately.  

Your payment will be reduced by 5% of the amount by which your AGI exceeds the applicable threshold above.

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