Stimulus payments/NRA

Forum|Forum|6 years ago
May 6, 2020
6 replies
28 views

They filed MFJ in 2018. If the stimulus payments are based on the most recently filed returns, and they have not yet filed for 2019, would filing MFS for 2019 get them a stimulus payment for the TP and his kids? The S doesn't have a social security number and they live overseas.

Since you can't switch from MFJ to MFS, this is an important question before they file for 2019.

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BobKamman

Level 15

The crystal ball lately has these little spikes all over it . . .

Only the COBOL programmers know if IRS will make another pass through the data once a 2019 return is processed. It would be safer to use the separate-return strategy on a 2020 return. And does the citizen spouse qualify for HH status?

By next year, Mitch McConnell might sponsor a change to the law that turned marriage to someone foreign-born a cause for second-class citizenship, at least if his wife Elaine Chao has any influence.

M

Mike12321Author

Level 4

OK, I was once a COBOL programmer, so I get it; I agree that filing MFS is the best strategy. TP does not qualify for HH. Agree that taxpayers shouldn't be penalized just because they are married to a foreigner.

BobKamman

Level 15

Just curious -- he has kids; the NRA spouse doesn't seem to have enough income to support a household; why doesn't he qualify for HH? (It's allowed in many cases for NRA marriages.)

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