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Posted

Hi All,

 

This is my current situation:

 

  • Moved to the US in November 2019 from the UK
  • Married in January 2020
  • Filed AOS in February 2020
  • Husband filed taxes in April 2020 for 2019 as a single (since we weren't married in 2019), therefore we only received a stimulus check for $1200. Note: I did not file a tax return for 2019 as I was considered a non-residential alien
  • Received EAD in July 2020
  • Received Green Card in December 2020

 

Note: I have a SSN.

 

We will be filing out 2020 taxes in early 2021 and we will be filing married-jointly. I am obviously now a permanent resident for 2020. Does this mean I can qualify for a credit for the stimulus checks on our 2020 tax return? Looking here it seems that may be the case: https://www.irs.gov/newsroom/recovery-rebate-credit

 

My husband will likely receive the recently announced $600 check. But wondering can we claim the $1200 + $600 checks on our return as a credit for me, since I did and will not receive them for the year 2020?

 

Apologies for my ignorance, but was hoping someone on here could provide some insight into it?

 

Below is further information taken from here: https://www.irs.gov/coronavirus/get-my-payment

Did you miss the deadline to register online for the Economic Impact Payment?

You may still be eligible to receive a payment in 2021 if:

  • You did not register online, by mail and did not get a payment in 2020 or,
  • You received a payment, but it wasn’t the full amount of the Economic Impact Payment. The maximum credit is $1,200, or $2,400 if married filing jointly, plus $500 for each qualifying child.

Then:

  • When you file a 2020 Form 1040 or 1040SR you may be eligible for the Recovery Rebate Credit. Save your IRS letter - Notice 1444 Your Economic Impact Payment - with your 2020 tax records. You’ll need the amount of the payment in the letter when you file in 2021.

 

Thanks :)

Posted

But you still aren’t eligible for the initial payment. The text that you have pasted is for people who were eligible but for whatever reason didn’t register in time and missed it. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Posted

Thanks, but here it states that (https://www.irs.gov/newsroom/recovery-rebate-credit):

Who Qualifies for the Recovery Rebate Credit?

The Recovery Rebate Credit is figured like the 2020 Economic Impact Payment, except that the credit eligibility and the credit amount are based on the tax year 2020 information shown on the 2020 tax returns filed in 2021.

Generally, you are eligible to claim the Recovery Rebate Credit, if you were a U.S. citizen or U.S. resident alien in 2020, are not a dependent of another taxpayer for tax year 2020, and have a social security number valid for employment that is issued before the due date of your 2020 tax return (including extensions).

 

In addition on the Notice 1444 here (https://www.irs.gov/pub/irs-pdf/n1444aes.pdf) it states:

 

After October 15, the only way to claim your EIP will be to file a federal income tax return. If you do not file a 2019 tax return in 2020, you may instead be able to claim a recovery rebate credit when you file your 2020 federal income tax return in 2021.

 

This is why I'm a little confused about my situation! Maybe I should just call the IRS helpline?

Filed: Citizen (apr) Country: England
Timeline
Posted
33 minutes ago, TheIrishGal said:

My husband will likely receive the recently announced $600 check. But wondering can we claim the $1200 + $600 checks on our return as a credit for me, since I did and will not receive them for the year 2020?

Yes. There is already a place on the 1040 for tax year 2020 to get your $1200. Now they will have to amend the worksheet and instructions (maybe) for calculating your credit so it includes the $1200 and the $600. Your husband got his early, but you can claim yours when you file 2020 taxes. 
 

Here’s the 1040 for 2020 tax year https://www.irs.gov/pub/irs-pdf/f1040.pdf

Open that and look at Line 30. Your portion will show up there. 

Filed: Citizen (apr) Country: England
Timeline
Posted (edited)
14 minutes ago, TheIrishGal said:

Thanks @Wuozopo

 

Yes, I see that. So for now I simply put $1,200 for line 30 'Recovery rebate credit'? Not $1,800 as the $600 is not part of that? Perhaps, as you have said they may adjust that in due course.

No you don’t just put a number on that line. There is a worksheet In the instructions to calculate what goes on line 30. If you use tax software, it will work through the worksheet and enter a number on Line 30. And most likely the instructions which are currently only draft will have to be revised to include the second stimulus and provide $1800. And right now there’s still the question before the Senate about a $2000 amount. It’s way too soon to be filling anything out. 
 

Draft instructions https://www.irs.gov/pub/irs-dft/i1040gi--dft.pdf

See page 56 and worksheet on page 57.

Edited by Wuozopo
Posted
On 12/30/2020 at 8:25 AM, TheIrishGal said:

Yes, I see that. So for now I simply put $1,200 for line 30 'Recovery rebate credit'? Not $1,800 as the $600 is not part of that? Perhaps, as you have said they may adjust that in due course.

The instructions have been updated to include both amounts: https://www.irs.gov/pub/irs-dft/i1040gi--dft.pdf "Line 30 Recovery Rebate Credit"

 
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