The U.S. Congress enacted a $2 trillion economic stimulus package on March 27 that allowed most Americans to receive stimulus payments of up to $1,200, as a way to put money directly in the pockets of families struggling to manage the economic fallout of the coronavirus pandemic.
Several families have recently noticed that their stimulus payments have already been deposited directly to their account. But not every taxpayer is eligible to receive a stimulus payment. First, eligible individuals must have social security numbers and not tax identification numbers (ITIN). But even those taxpayers with social security numbers are still not receiving their stimulus checks because of limited eligibility. What could have resulted in the denial of their stimulus payments?
Jointly Filing With Non-resident or Immigrant with No Social Security Number
The Coronavirus Aid, Relief and Economic Security (CARES)Act strictly requires social security numbers before a stimulus check is deposited to the taxpayers bank account. However, if the eligible taxpayer with a social security number filed a joint tax return with a spouse who only has an Individual Tax Identification Number (ITIN) or filed a tax return with a qualifying dependent child who only has ITIN, no stimulus check will be given by the government. Adopted children and military families are exempt from this rule.
To illustrate how this rule applies: A U.S. citizen filed a joint tax return with his spouse who only has ITIN , no stimulus payment will be granted. The same will apply if there are dependent children who only have ITIN.
Another example, generally, non-U.S. citizens with social security numbers like H1B visa holders are eligible for the stimulus payments. But if these H1B visa holders have H-4 spouses and minor children with only ITIN,and their tax returns show or declare these H4s as dependents, no stimulus payment will be received.
Since it is the CARES Act rule to exclude mixed families with either unauthorized or non-immigrant visa holders with ITIN only, millions of U.S. citizens will not receive their stimulus payments considering the number of unauthorized immigrants in the United States.
(Atty. Lourdes S. Tancinco is an immigrant advocate and legal counsel based in San Francisco CA. She is the principal and co-founder of Tancinco Law Offices and may be reached at law@tancinco.com, tancinco.weareph.com/old, facebook.com/tancincolaw, or at 1-888-930-0808)
