Hello,
I am working on an H1B visa with a resident alien status for tax purposes. I was single during the 2019 tax year therefore, I filed Form 1040 as a single in April 2020.
In the March of 2020, I married a nonresident alien. This year I will be filling jointly with my spouse, and I will be applying for an ITIN number using the W7 form. I received both $1200 and $600 stimulus checks. Turbotax tells we are eligible to receive another $1800 as a family, I doubt that since my spouse is a nonresident alien. My question is, somewhere I read CARES act doesn't let mixed families like us get $1200 stimulus checks? Is that true? Do I need to return my $1200 back to IRS? Thanks
No, you don't need to return the Stimulus Payments you received as a result of your 2019 tax filing, as you correctly received them.
However, you are correct that you would not be entitled to the additional $1800 Recovery Rebate Credit that TurboTax calculated for you with a spouse with an ITIN (or pending one).
A workaround for this would be to enter that you received $2400 and $1200 for your 1st and 2nd Stimulus payments in the Federal Review, thus not triggering the credit.
Click this link for more info on Recovery Rebate Credit for Mixed Families.
No, you don't need to return the Stimulus Payments you received as a result of your 2019 tax filing, as you correctly received them.
However, you are correct that you would not be entitled to the additional $1800 Recovery Rebate Credit that TurboTax calculated for you with a spouse with an ITIN (or pending one).
A workaround for this would be to enter that you received $2400 and $1200 for your 1st and 2nd Stimulus payments in the Federal Review, thus not triggering the credit.
Click this link for more info on Recovery Rebate Credit for Mixed Families.