Under the initial rule, when the first stimulus payment was issued, if one spouse in a married filing jointly tax return does not have a Social Security number, neither spouse can receive the stimulus payment.
Under the rules of the second stimulus payment, if one spouse does not have a Social Security number, the spouse with a Social Security number and the qualifying children with a Social Security number will receive the stimulus check.
The COVID-19 Relief Package retroactively changed the rule for the first stimulus payment to be the same as the rule for the second stimulus payment.
However, no first stimulus payment will be issued. The payment is issued on your 2020 tax return as a Recovery Rebate Credit (RRC). You can access your stimulus check choices by following these steps:
- Down the left side of the screen, click on Federal.
- Across the top of the screen, click on Other Tax Situations.
- At the screen Let’s keep going to wrap up. Click on Let’s keep going.
- At the screen Let’s make sure you got the right stimulus amount, click Continue.
- At the screen Did you get a stimulus payment? you can update your stimulus check entries.
Examples
Former first stimulus check rules:
John and Mary are married and filed their taxes jointly. Mary has an SSN and John does not. John and Mary are ineligible for the first stimulus check and miss out on $2,400.
Second stimulus check rules:
John and Mary are married and filed their taxes jointly. Mary has an SSN and John does not. Mary is eligible for a second stimulus check of $600 even though John is ineligible. Since the SSN rule change is retroactive, Mary can also get the first stimulus check of $1,200 as the Recovery Rebate Credit when she and John file their 2020 tax return.
See also here and here.
Your spouse will have to obtain an ITIN.
**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
