Recovery Rebate Credit – SSN/ITIN – Married Filing Separately – Money & Services

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Hi,

I’m considered resident alien for tax year 2008 (I wasn’t eligible for stimulus payment last year). Me and my daughter both have SSN but my wife can only get an ITIN. According to the IRS;
Taxpayers with an Individual Taxpayer Identification Number (ITIN) instead of an SSN are not eligible to receive a stimulus payment. Both people listed on a “married filing jointly” return must have valid SSNs to qualify for the payment — if only one has a valid SSN, neither can receive the payment.

If I file as married filing jointly, I won’t be eligible for the recovery rebate credit. Would it be OK for me to file married filing separately?

Thank you

Answer

Melano:

If you already filed jointly, uyou CANNOT undo it.

However, if you have not yet filed, you CAN file Married Filing Separately, claim the Recovery Rebate Credit for yourself and your daughter, then, once the return is processed and you got the credit, go back and amend the return to file jointly.

This is perfectly legal and has been a recommended course of actionon the IRS website.

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