Second stimulus includes ITINS as long as one of them have Valid SS# (retroactive)

[Pacun]

If a couple didn't get any stimulus because one of the uses ITIN, how much will be the first stimulus if none of them are in the army? (one with valid SS number and the other with ITIN MFJ).

[Lee B]

I read one article that said the CAA section that authorized stimulus payments to any qualified family members what had a valid SSN was retroactive to 3/21/20

even though one parent had an ITIN. I have not seen any other information about this.

[Lee B]

Here is the most detailed article I can find copied from Forbes:

 

"Another round of stimulus checks is being distributed across the country. But does that mean non-citizens who reside in the United States will receive the check?

In some cases, yes. The second stimulus package has specific eligibility requirements for who can receive a stimulus check. Lawful permanent residents and some qualifying resident aliens with Social Security Numbers will receive a payment. 

Calculator: Estimate how much your stimulus check could be

Which Non-U.S. Citizens Are Eligible for Stimulus Checks?

First and foremost: Only people with valid Social Security numbers will be eligible to receive a stimulus payment. That means undocumented immigrants and immigrants who file their taxes with an Individual Taxpayer Identification Number (ITIN) are not eligible for a payment.

There is one specific difference with this stimulus package compared to the CARES Act, however. In the spring, families with mixed immigration status, where one family member filed tax returns with an ITIN, disqualified the entire family from receiving stimulus funds. Nearly 5.1 million U.S. citizens or permanent resident immigrants in the spring were affected by the provision, according to The Guardian. The most recent stimulus package now includes those families.  

Here are the non-U.S. citizens also eligible for stimulus checks (if they have a valid Social Security number):

Lawful permanent residents

Lawful permanent residents are individuals who are legally residing permanently in the U.S. as an immigrant, according to the IRS. Generally, these individuals are granted an alien registration card, also known as a green card. 

Qualifying resident aliens

It’s possible to be a qualifying resident alien without having a green card. Under IRS guidelines, this includes people who are physically present in the U.S. on at least 31 days during the current year, 183 days in the past three years (including the current year) and have a valid Social Security number for employment. These individuals cannot be claimed as a dependent of another taxpayer in order to be eligible for a stimulus check.

That means participants in the Deferred Action for Childhood Arrivals (DACA) program (commonly referred to as DREAMers), Temporary Protected Status (TPS) individuals and H1-B visa holders with Social Security numbers are eligible for stimulus checks.

There are certain people who might pass the substantial presence test mentioned above, but are exempt individuals—meaning they are nonresident aliens and don’t qualify for stimulus checks. That includes:

Foreign government-related individuals. That includes people those under an “A” or “G” visa (except for “A-3” or “G-5” visa holders).

Teachers or trainees. They typically hold “J” or “Q” visas.

Foreign students. This includes those who hold a “F”, “J”, “M” or “Q” visa.

Professional athletes. This includes those temporarily in the U.S. to compete in a charitable sports event.

Don’t Forget: U.S. Citizens Living Abroad are Also Eligible for a Stimulus Check

U.S. citizens who live abroad are still eligible for a stimulus check as long as they meet the income thresholds and other qualifying criteria. 

Those individuals will receive their payment the same way they received the first stimulus check in the spring; it will either be a direct deposit into the bank account on file with the IRS, or sent as a paper check to the address listed on your 2018 or 2019 tax return. 

If you didn’t receive your first stimulus check, you will be able to claim it when you file your 2020 taxes this spring by claiming the Recovery Rebate Credit with Form 1040 or 1040-SR. It’s unclear yet if this will be the same process to claim the $600 amount presently being distributed, but it’s likely."

 

I have a business client whose family has one spouse with a valid SSN, one spouse with an ITIN and two children with valid SSNs, one age 16 and one age 18

to which this applies.

[Pacun]

5 hours ago, cbslee said:

I have a business client whose family has one spouse with a valid SSN, one spouse with an ITIN and two children with valid SSNs, one age 16 and one age 18

to which this applies.

That family filing jointly will receive $1,200 for the filer with SSN, $500 for the 16 year old for the first stimulus and then $600 for the filer and $600 for the child for the second stimulus.