Stimulus Check | Eligibility

[Gsouls]

Will H1B holder who filed MFJ qualify for the stimulus check? The spouse and all the dependent children have ITIN. I have researched IRS website to see if I can find any information, but I did not. Does anyone has any reliable information on this scenario to share. 

Is there any IRS rule which can disqualify the taxpayer?

I would appreciate it if you can add your source to the answer.

Thank you for your answers.

[itonewbie]

The current interpretation, which is being challenged in court, is that both spouses filing MFJ, along with their qualifying children, must all have valid SSNs that are authored for employment.

This means your client will only qualify if he files MFS without claiming his dependent children, which is not worth the EIP.

[itonewbie]

See §6428(g).

[Gsouls]

Thank you for your quick response. The client has already filed. Can he file an amended return to change the filing status?

Thank you.

[BobKamman]

We don't know if the children are "qualifying" -- they could be 17 or older.  They could qualify him, though, for Head of Household status.  It might not make that much difference in tax, between MFJ and HH.  And there's no restriction on filing an amended return, MFJ, after the EIP has been collected.  

"$1,200 not worth it" is a value judgment -- it's the proposed cost of a citizenship application.  Of course a green card is needed first, and that costs even more.  We don't know if the taxpayer is paying fees to a high-dollar tax pro, or getting pro bono help from someone who wants him to stay here because he's working on a new vaccine.  

[itonewbie]

HoH will require the spouse to be an NRA.  Could be an idea if that fits the taxpayer's circumstances.

In my experience, a majority of green card applications for employment visa holders are sponsored by employers, even though there may be conditions for bonds or retention.  Whether they filed MFS, MFJ, or HoH in certain years have not been a material concern with these applications so long as its within the law, AFAIK.

Potential problems tend to arise after they receive their green cards when it comes to taking certain positions on their returns for §911 and treaty benefits.

[Gsouls]

Thank you s much for the comments. From the two comments that have been posted, my understanding now is that it is not worth the effort, time and potential problems down the line to amend filing status to HoH for $1200. 

Thank you for your contributions. Much appreciated.

[Gsouls]

This section (§6428(g)) you posted is super helpful. I now clearly understand why the client does not qualify. Much Appreciated.

[qbteachmt]

Interesting observation: "And there's no restriction on filing an amended return, MFJ, after the EIP has been collected."

On the other hand, why not file MFS/HoH in 2020 to get that amount as a refundable credit in the reconciliation step, and avoid all the shenanigans of filing-amending-amending.

[BobKamman]

@qbteachmt 

And maybe by the time 2020 returns are due, Congress will have made some technical corrections to the CAREless Act showing it did not intend to make second-class citizens out of Americans who married foreigners.  (After all, our President has done it twice.)  

Unless, of course, they are dead.  The taxpayers, I mean, not Congress.