Category: Client Resources

American Rescue Plan Offers Relief

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Third COVID-19 Relief Package Passes as Pandemic Marks One Year  

On March 11, 2021, President Biden signed the American Rescue Plan into law as the largest and most recent COVID-19 relief package extending $1.9 trillion dollars in aid to families, businesses, nonprofits, and states. This third round of aid comes as Charlotte Center for Legal Advocacy marks a full year fighting to support families under the pandemic.  

And our work is far from done. 

As we learn more about how the plan’s programs and funding will be implemented, we will update our website and social media accordingly. Please contact us at the appropriate numbers below if you or your family are struggling and need assistance.   

This list is not exhaustive, and the bill contains programs and funding not listed here.   

Here is what we know so far:  

ECONOMIC IMPACT PAYMENTS (STIMULUS CHECKS) AND TAX CREDITS 

The American Rescue Plan includes a third round of tax-free economic stimulus payments. 

In this version, the maximum payment is $1,400 per qualified individual or $2,800 for a couple. In addition, payments are now available for all dependents, including children in college and elderly relatives. Children of mixed-immigration status families with valid social security numbers are also eligible for the stimulus payments

The additional amount for dependents is significantly higher – $1,400 per eligible dependent. 

As before, economic stimulus payments are phased out, based on adjusted gross income. However, the upper threshold is reduced from $100,000 of adjusted gross income to $80,000 for single filers and from $200,000 down to $160,000 for joint filers. Payments for dependents are also phased out under these thresholds. 

The IRS expects to begin sending out payments in March. 

Third Economic Stimulus Payments Will Be Based on 2019 or 2020 Tax Returns: 

The American Rescue Plan provides that if your 2020 tax return is not filed and processed by the time the IRS starts processing your third stimulus payment, the tax agency will use information from your 2019 tax return. If your 2020 return is already filed and processed when the IRS is ready to send your payment, then your stimulus check eligibility and amount will be based on information from your 2020 return.  

If your 2020 return is filed and/or processed after the IRS sends you a stimulus check, but before July 15, 2021 (or September 1 if the April 15 filing deadline is pushed back), the IRS will send you a second payment for the difference between what your payment should have been if based on your 2020 return and the payment sent based on your 2019 return. 

If you have questions about the economic impact payments, contact a tax advocate at 980-202-7329   

Child Support Won’t Be Taken Out of Stimulus Checks: 

As with second-round checks, third stimulus checks will not be reduced to pay child support arrears. 

Wage Garnishment:

The COVID-Related Tax Relief Act prevented garnishment of second-round stimulus checks by creditors or debt collectors. They could not be lost in bankruptcy proceedings, either. The IRS also had to encode direct deposit second-round payments so that banks knew they could not be garnished. This is in contrast with the CARES Act, which did not provide similar protections for first-round payments. These protections are included for the third stimulus payment as well.

Under the American Rescue Plan, payments will be protected from reduction or offset to pay federal taxes, state income taxes, debts owed to federal agencies, and unemployment compensation debts. (As well as child support, as was discussed above.) However, as with first-round checks under the CARES Act, there will be no additional protections against garnishment by private creditors or debt collectors for third-round payments.

Earned Income Credit 

The American Rescue Plan expands the Earned Income Tax Credit for 2021, raising the maximum credit for childless adults from roughly $530 to close to $1,500, while also increasing the income limit for the credit from about $16,000 to about $21,000, and expanding the age range that is eligible by eliminating the age cap for older workers. 

Child Tax Credit

The American Rescue Plan includes changes to the Child Tax Credit (CTC). Under current law, the CTC is equal to $2,000 for each qualified child under age 17 who resides with you for at least six months of the year. Up to $1,400 of this amount is refundable, but the credit begins to phase out at $200,000 of adjusted gross income for single filers and $400,000 for joint filers. 

This credit will not go into effect until the 2021 tax year, which will be filed in Spring 2022.

The new law provides the following revisions for the 2021 tax year: 

  • An increase in the CTC to $3,600 per qualified child under age six and $3,000 for a child up to age 17. 
  • An additional $500 credit is available for dependent children in college who are under age 24. 
  • The credit is fully refundable. 
  • The phaseout begins at lower levels of $75,000 of adjusted gross income for single filers and $150,000 for joint filers. But many higher-income families can still claim the $2,000 credit subject to the prior phaseout rules. 

Finally, the IRS will make advance payments of the credit, beginning in July. The exact logistics of that process are still being worked out. 

Dependent Care Credits 

The American Rescue Plan substantially increases the Dependent Care Credit for many moderate-to-high income taxpayers. 

Presently, the Dependent Care Credit is available for qualified expenses of caring for children under age 13 to allow you (and your spouse, if married) to be gainfully employed. The credit is generally equal to 20 percent of the first $3,000 of qualified expenses for one child and $6,000 for two or more children. Thus, the maximum credits are $600 and $1,200, respectively. 

The new law enhances the Dependent Care Credit for the 2021 tax year.

It increases the maximum credit to $4,000 for one child and $8,000 for two or more children for households with an adjusted gross income of up to $125,000. But the credit will be reduced below 20% for those with an adjusted gross income of more than $400,000. Finally, the credit for 2021 is refundable. 

This credit will not go into effect until the 2021 tax year, which will be filed in Spring 2022.

Student Loan Forgiveness Credit 

If a debt is forgiven or cancelled, it generally results in taxable income to the debtor. However, in limited cases, debts of student loans that are forgiven may be exempt from tax. 

The American Rescue Plan effectively creates a tax exemption for student loans made, insured or guaranteed by the federal or state governments, as well as loans from private lenders and educational institutions. This does not apply, however, to loans that are discharged in exchange for services rendered.

This provision is effective beginning with the 2021 tax year and lasts through the 2025 tax year but could be extended or made permanent. 

Taxes on Unemployment Benefits  

The American Rescue Plan exempts from federal income tax up to $10,200 of unemployment benefits received in 2020 by a family with an adjusted gross income under $150,000. Normally, those benefits would be fully taxable. This tax break is intended to help taxpayers who might be blindsided by an unexpected tax bill on their 2020 returns. 

Please note that states can still tax unemployment benefits as income.

Check out our American Rescue Plan FAQs: Stimulus and Tax Updates

UNEMPLOYMENT INSURANCE 

The American Rescue Plan extends the CARES Act’s unemployment insurance expansion through Sept. 6, 2021. Specifically, this act:   

Provides an additional $300 per week to on top of what beneficiaries are getting through their state unemployment insurance program. 

The first $10,200 of jobless benefits accrued in 2020 would be non-taxable for households with incomes under $150,000. Please note that states can still tax unemployment benefits as income.

Extends the Pandemic Unemployment Assistance (PUA) program, which provides continued unemployment assistance to the self-employed, freelancers, gig workers, part-time workers and other individuals in non-traditional employment. It also increases the number of weeks of PUA benefits an individual may claim, from 50 to 79;  

Extends the Pandemic Emergency Unemployment Compensation (PEUC) program, providing additional weeks of federally-funded benefits to workers who have exhausted their regular state unemployment benefits. It also increases the weeks of PEUC benefits an individual may claim, from 24 to 53.  

Apply for unemployment at the Department of Employment Security website or call 1-888-737-0259.

Check out FAQs about Unemployment Insurance

EMERGENCY MORTGAGE, RENTAL AND UTILITY SERVICES 

The plan provides $25 billion for emergency rental assistance, including $5 billion for emergency housing vouchers for people experiencing homelessness, survivors of domestic violence and victims of human trafficking.  

The plan also sends roughly $20 billion to state and local governments to help low-income households cover back rent, rent assistance and utility bills. There is $4.5 billion for the Low-Income Home Energy Assistance Program (LIHEAP) to help families with home heating and cooling costs. 

You can apply for utility assistance through the Low-Income Home Energy Assistance Program or RAMP Charlotte. 

FOOD AND NUTRITIONAL ASSISTANCE 

Millions of families across the country are struggling to put food on the table. This act addresses food insecurity by:  

  • Extending the current 15 percent increase in food stamp benefits through September 2021, instead of letting it expire at the end of June. 
  • Providing $880 million for the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) to help increase participation and temporarily improve benefits 
  • Allowing states to continue the Pandemic-EBT (PEBT) program through summer for families with children who qualify for free and reduced meals in school. The program gives families financial assistance to replace the meals the kids would have received if schools had not been closed due to COVID-19. 

If you need assistance with applying for SNAP, PEBT, or other public benefits, contact our Family Support and Healthcare team at 704-376-1600.  

CHILD CARE 

The plan includes a number of provisions to increase access to child care, including an additional $15 billion through Sept. 30, 2021 for the Child Care and Development Block Grant. 

It does not reinstate mandatory paid family and sick leave approved in the CARES Act. But it will continue to provide tax credits to employers who voluntarily choose to offer the benefit through October 1, 2021. 

STUDENT LOANS 

Many federal student loans are continuing in forbearance, which is scheduled to end October 1. If student loan debt is forgiven after December 31, 2020, and before January 1, 2026, the cancelled debt won’t be taxed. 

FINANCIAL ASSISTANCE FOR HEALTH INSURANCE 

More Help to Pay for Health Coverage under the Affordable Care Act (ACA): 

The American Rescue Plan provides financial assistance to help consumers get health insurance through the Federal Health Insurance Marketplace under the Affordable Care Act (ACA or Obamacare).  

Under the plan, consumers can receive increased premium tax credits to pay for coverage in 2021 and 2022, eliminating or reducing premiums for millions of current Marketplace enrollees to ensure that no one on the exchange spends more than 8.5 percent of their income on coverage premiums, regardless of their income level.  

This reduces the current 9.83 percent limit for people with income of 300 to 400 percent of the poverty line and establishes a new premium cap for Marketplace enrollees with higher incomes.  

Under the bill, people with income below 150 percent of the poverty line (about $19,000 for a single person and $39,000 for a family of four) would pay no premiums for a benchmark plan, after accounting for premium tax credits. Families who make more will pay a fixed percentage of income toward Marketplace health coverage.  

This will significantly reduce premiums for people who are currently eligible for financial help by increasing their premium tax credits. For example: 

  • A single individual making $18,000 would pay zero net premium rather than $54 per month (3.6 percent of income) and would qualify for the most generous subsidies for deductibles and other cost-sharing amounts.
     
  • A single individual making $30,000 would pay $85 rather than $195 per month in premiums (3.4 instead of 7.8 percent of income) and would qualify for a plan with reduced deductibles and other cost-sharing amounts. Or, with the bigger subsidy, the same person could opt to buy a gold plan with lower cost-sharing charges for $115 per month.
     
  • A family of four making $50,000 would pay $67 rather than $252 per month in premiums for benchmark coverage (1.6 instead of 6.0 percent of their income) and would qualify for generous cost-sharing reductions.
  • A family of four making $75,000 would pay $340 rather than $588 per month in premiums for benchmark coverage (5.4 instead of 9.4 percent of their income). A typical family could purchase a gold plan with lower deductibles and other cost sharing for about $440 per month (roughly 7 percent of income). 

An open enrollment period will begin November 1 for anyone who wants to sign up for health insurance or change their current Marketplace plan. 

We can help you get covered! Learn more about the Special Open Enrollment Period

Streamlines process to qualify for ACA subsidies 

The package also enhances premium tax credits (financial assistance) for people who receive unemployment benefits in 2021 by setting their Marketplace eligibility at a projected income levels that guarantee they will get the most generous premium tax credits under an ACA Marketplace plan, regardless of what their actual year-end income ultimately is. This includes people who have previously found themselves in the Medicaid gap. 

The package also eliminates the need to repay ACA subsidies from 2020. Some people lost their jobs early last year but later got new ones and saw higher earnings than they had expected. Others worked additional hours or received bonus pay as essential workers. Under this plan, low- and moderate-income families are exempt from having to repay the premium tax credit (financial assistance) they received in 2020. 

COBRA premiums covered 

Under the relief plan, the government would pay the entire COBRA premium from April 1 through Sept. 30, 2021 for those who lost employer-based coverage due to lay-offs or working reduced hours.  

A person who qualifies for new, employer-based health insurance someplace else before Sept. 30 would lose eligibility for the no-cost COBRA coverage. Someone who leaves a job voluntarily would not be eligible either. 

Incentivizes States to Expand Medicaid Eligibility  

The plan incentivizes states that still have not expanded their Medicaid programs (like North Carolina) to expand eligibility for adults by increasing matching federal funds (raising the state’s Federal Medical Assistance Percentage by 5 percentage points) over two years. 

In North Carolina, this means more than 500,000 residents in the Medicaid gap (those who currently make too little to receive financial help for Marketplace coverage and make too much to qualify for Medicaid) would finally have access to coverage and the health care at a time when they need it most. 

This incentive would pump $2.4 billion new federal dollars into the state in just two years if N.C. is willing to take advantage of it. 

States choosing to expand would be required to maintain Medicaid coverage levels to receive the increase, including the newly established requirement to cover COVID-19 vaccine and treatment (see below). 

Covers COVID Testing and Treatment 

The plan also requires Medicaid and Childrens Health Insurance Program (CHIP) coverage of COVID-19 vaccines and treatment without beneficiary cost sharing. Vaccines and vaccine administration costs would be matched at 100 percent until one year after the end of the Pandemic Health Emergency. States also would have the option to provide coverage to the uninsured for COVID-19 vaccines and treatment without cost sharing at 100 percent. Everyone should have access to COVID testing, treatment, and vaccinations regardless of income, insurance, or immigration status.  

Expands Access to Postpartum and Child Health Care 

The plan also gives states five years to extend their Medicaid and Children’s Health Insurance Program (CHIP) eligibility to include pregnant individuals for 12 months postpartum. States choosing this option must provide the full Medicaid benefit for pregnant and postpartum individuals during the 12-month postpartum period. 

Increased Funds for Home and Community-Based Services 

The plan provides temporary one-year FMAP increase to improve home-and-community-based-services as well as FMAP increases for services provided through the Urban Indian Organizations and Native Hawaiian Health Care Systems. The bill also would provide funding to states for the creation of nursing home strike teams to assist in managing COVID-19 outbreaks when they occur. 

Option to create new Medicaid Program for Crisis Intervention Services 

The plan gives states five years to creates a new optional Medicaid covered service for adults by offering mobile crisis intervention services for adults experiencing a mental health or substance use disorder crisis. 

Have questions about how this plan impacts your coverage options or access to health care? Contact our Family Support and Health Care team by calling 704-376-1600 

What does the American Rescue Plan (third stimulus package) mean for the Affordable Care Act?

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This blog content applies to health care coverage for 2021 and 2022.

Need to enroll in a health insurance policy or update the one you have? Open Enrollment for the Health Insurance Marketplace (Healthcare.gov) is Nov. 1, 2022, to Jan. 15, 2023.

Get Covered

What people need to know about the relief bill and its changes to the ACA: 

1. Lower monthly premiums: federal government subsidies will reduce the amount you have to pay for health insurance each month. 

The plan significantly increases premium tax credits for 2021 and 2022. These increased subsidies will substantially reduce or even eliminate monthly premiums for millions of people with Marketplace plans.  

On average, premiums will decrease by $50 per month. No one will have to spend more than 8.5% of their income on premiums. People with income below 150% of the poverty line (about $19,000 for a single person, $25,800 for a couple, and $39,000 for a family of four) will pay no premiums for some plans, including Silver plans with cost sharing reductions. 

Current enrollees, including those who recently enrolled through the 2021 Special Enrollment Period, will need to update their Healthcare.gov applications to get the new subsidies. These subsidies will be visible on Healthcare.gov starting April 1, and you will start receiving them on May 1. You will need to reselect your current plan for the changes to take effect to reduce your premiums for the remainder of the year. If you do nothing, you do not lose access to the tax credits, but you’ll get them as a refund when you file your taxes next year. When you file your taxes in 2022, you will get a reimbursement of the additional tax credits you would have qualified for from January through April 2021.  

Due to the SOEP, you may be able to change plans until August 15. If you qualify for these additional benefits, the new tax credits will be applied to your policy starting on May 1.  

If you purchase a plan now, you will get a refund if you go back into your Healthcare.gov application after April 1. 

2. Increase Subsidies for Those Who Have Lost Their Jobs 

The plan expands premium tax credits for people who receive unemployment benefits in 2021. This means that individuals currently unemployed are guaranteed to get the most generous subsidies on Healthcare.gov. It doesn’t matter what their actual year-end income is.  

These additional tax credits will be available starting this summer. 

3. Protect Families from Having to Pay Back Subsidies 

In 2020 some people lost their jobs early in the year but later got new ones with higher earnings than they had expected. Others worked additional hours or received bonus pay as essential workers. The American Rescue Plan exempts low- and moderate-income families from having to repay the premium tax credit they received in 2020.  

4. Government will pay the cost of COBRA coverage 

If you lost your job and your job’s health insurance, you can use COBRA to keep your same health insurance plan. But instead of losing your employer’s contribution for your premiums, the government will pick up the bill. The government will pay the entire COBRA premium from April 1 through September 30, 2021. 

If you get a new job that offers health insurance before Sept. 30, you will lose eligibility for this no-cost COBRA coverage. And someone who left a job voluntarily would not be eligible, either. 

We encourage you to review your options with the Marketplace before signing up for COBRA, since plan options may be more attractive to you, depending on your particular situation.  

VITA Offers Free Help Filing 2020 Taxes

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The IRS Volunteer Income Tax Assistance (VITA) program is available by virtual appointment through tax season to help eligible residents file their taxes.   

If your household income in 2020 was $57,000 or less, you could qualify to have your taxes prepared and submitted through this program.  

Due to COVID-19 restrictions, this year’s VITA services will be offered virtually and securely by IRS certified tax preparers, using Adobe Scan, Google Duo, Verifyle, and Zoom to complete returns.  Learn more and register for your free appointment.

An in-person VITA site is open at the Dellwood Center in Huntersville by appointment only until April 10. Learn more and make an appointment. 

VITA ofrece servicios gratuitos de preparación de impuestos locales 

El programa de Asistencia Voluntaria de Impuestos sobre la Renta (VITA por sus siglas en inglés) del IRS está disponible mediante cita virtual durante la temporada de impuestos para ayudar a los residentes elegibles a presentar sus impuestos. 

Si el ingreso de su hogar en 2020 fue de $ 57,000 o menos, podría calificar para que se preparen y presenten sus impuestos a través de este programa. 

Debido a las restricciones de COVID-19, los preparadores de impuestos certificados por el IRS ofrecerán los servicios VITA de este año de manera virtual y segura, utilizando Adobe Scan, Google Duo, Verifyle y Zoom para completar las declaraciones. Obtenga más información y regístrese para su cita gratuita.

Un sitio de VITA en persona está abierto en el Dellwood Center en Huntersville solo con cita previa hasta el 10 de abril. Obtenga más información y regístrese para su cita.

NC Extra Credit Grant Program

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Feb. 16, 2021, Update:

Wednesday, Feb. 10, 2021, North Carolina Governor Roy Cooper signed a COVID-19 relief bill that extends the deadline for parents to apply for $335 NC Extra Credit grants. 

The $335 checks are intended to offset parents’ virtual schooling and child-care costs during the COVID-19 pandemic. They were part of a previous coronavirus relief package, but there were leftover funds after more than a million parents received their checks. This extension allows parents who qualified for an NC Extra Credit grant but did not receive checks in 2020 apply for the grant through May 31, 2021. 

The new law extending the NC Extra Credit Grant program through May 31, 2021 only applies to eligible individuals who have NOT received the $335 grant. If you have already received the $335 grant, you are not eligible under the new law.

The application for the NC Extra Credit Grant will only be available on the NC Department of Revenue website, but we do not know when.

Sign up for an Extra Credit Grant alert, and we will send you an email when the application is ready.

Sign up for an Extra Credit Grant Alert

Who is Eligible?

North Carolina families with qualifying children who were 16 or younger at the end of 2019 who did not already receive the $335 check from the NC Department of Revenue.

Qualifying individuals who were not required to file a 2019 state tax return and have NOT already received the $335 grant.

Eligible individuals who filed a 2019 state tax and did NOT receive the $335 grant. This includes individuals who suffered from a tax preparation software error that resulted in their 2019 NC tax return not including their qualifying children. 

Ready to file your 2020 tax return?

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Here are five things to keep in mind this tax season:

1. The tax filing season is February 12th, 2021 through April 15th, 2021

Update

The federal tax filing deadline has been extended to May 17, 2021. The filing deadline for state taxes in North Carolina is also May 17.

The Internal Revenue Service announced that the nation’s tax season will start on Friday, February 12, 2021, when the tax agency will begin accepting and processing 2020 tax year returns.

The February 12 start date for individual tax return filers allows the IRS time to do additional programming and testing of IRS systems following the December 27 tax law changes that provided a second round of Economic Impact Payments and other benefits.

Start collecting your tax documents and preparing your tax return today!

2. Many families can file for free using IRS Free File

The IRS Free File Program is a partnership with tax filing software leaders who provide their brand-name products for free. There are two ways to file your return online for free:

  • Traditional IRS Free File provides free online tax preparation and filing options on IRS partner sites. Only taxpayers whose adjusted gross income (or AGI) is $72,000 or less qualify for any IRS Free File partner offers.
  • Free File Fillable Forms are electronic federal tax forms you can fill out and file online for free. If you choose this option, you should know how to prepare your own tax return. It is the only IRS Free File option available for taxpayers whose income (AGI) is greater than $72,000.

Learn more at https://www.irs.gov/filing/free-file-do-your-federal-taxes-for-free

3. Eligible people who didn’t receive stimulus payments can claim them with the Recover Rebate Credit

Economic Impact Payments (EIP) are referred to as the Recovery Rebate Credit (RRC) on Form 1040 or Form 1040-SR. You may be eligible to claim your EIP through the RRC if you are a recent college graduate, were claimed as a dependent on a 2019 tax return but will file independently on your 2020 tax return, are incarcerated or were recently incarcerated, or missed the Nov. 21 deadline to use the non-tax filer tool to claim your stimulus check.

4. You can deduct up to $300 in charitable donations without itemizing

The Coronavirus Aid, Relief and Economic Security (CARES) Act, enacted last spring, includes several temporary tax changes helping charities, including the special $300 deduction designed especially for people who choose to take the standard deduction, rather than itemizing their deductions.

Under this new change, individual taxpayers can claim an “above-the-line” deduction of up to $300 for cash donations made to charity during 2020. This means the deduction lowers both adjusted gross income and taxable income – translating into tax savings for those making donations to qualifying tax-exempt organizations.

5. 2019 incomes can be used to determine your Earned Income Tax Credit

The Earned Income Tax Credit (EITC) helps low- to moderate-income workers and families get a tax break. If you qualify, you can use the credit to reduce the taxes you owe – and maybe increase your refund.

You may claim the EITC if your income is low- to moderate. The amount of your credit may change if you have children, dependents, are disabled or meet other criteria.

If your earned income was higher in 2019 than in 2020, you can use the 2019 amount to figure your EITC for 2020.

VITA Offers Free Help Filing 2020 Taxes

COVID Scams: 5 things to remember during the vaccine roll out

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As North Carolinians begin receiving COVID-19 vaccinations, the NC Department of Justice is warning about an increase in vaccine-related scams. Here are five things to keep in mind as the vaccines are rolled out:

  1. Everyone who wants a vaccine can have one. Even if you don’t have health insurance, COVID-19 vaccine will be available for free for most people. Those with health insurance should bring this information with them to their vaccination appointment.

  2. Beware of solicitations. Anyone who calls, texts, messages, emails, or posts to social media that you can pay to have the vaccine reserved for you or mailed to you is a scammer.

  3. Legitimate providers will not request your bank account, Social Security, or credit card number to get the vaccine. Beware of websites made to resemble legitimate health department or health care provider websites.

  4. No identification, immigration status, or social security number is required to receive the vaccine. Immigrants regardless of legal status can receive the vaccine without worry of their information being provided to ICE or their immigration status being affected. Any information provided is kept confidential and cannot be shared with ICE or immigration enforcement.

  5. Stay up to date. The best place to learn about vaccine availability and when you may be eligible to receive the vaccine is the North Carolina Department of Health and Human Services “Your Spot, Your Shot” website.

    To learn more about vaccine availability in Mecklenburg County, call the Mecklenburg County Health Department’s Public Health Hotline, 980-314-9400 or visit their website.

Learn more about scams related to COVID-19 Vaccine

“Stay Safe from COVID-19 Vaccine Scams” (N.C. Department of Justice)

“Federal Agencies Warn of Emerging Fraud Schemes Related to COVID-19 Vaccines” (F.B.I.)

How to Claim the Recovery Rebate Credit: FAQs

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In late December, lawmakers passed a coronavirus relief package that provides essential economic relief for millions of workers and people with low incomes. One component of the package is a second round of economic stimulus payments. Additionally, we have general FAQs regarding the payment, “Mixed-Immigration Status Families and the Stimulus Payment,” and “Distribution of the Second Stimulus Payment.”

What is the Recovery Rebate Credit?

If you are eligible and don’t receive your first or second stimulus payment or the full amount of your payment, you can claim it when you file your 2020 tax return in early 2021. The IRS usually begins to accept returns in late January. This year, the tax form will include a section for filers to claim missed stimulus payments as a Recovery Rebate Credit.

Eligible individuals can claim the Recovery Rebate Credit on their 2020 Form 1040 or 1040-SR. These forms can also be used by people who are not normally required to file tax returns but are eligible for the credit.

How do I find the stimulus payment amount I received? Refer to your Notice 1444 for the payment amount you were issued, before any offsets. You’ll need to this information to determine the amount to include on the worksheet that will be included in the 2020 Instructions for Form 1040 and 1040-SR and when completing the Form 1040 or Form 1040-SR.

Who Qualifies for the Recovery Rebate Credit? The Recovery Rebate Credit is figured like the first and second stimulus payments, except that the credit eligibility and the credit amount are based on the tax year 2020 information shown on the 2020 tax return filed in 2021.

Generally, you are eligible to claim the Recovery Rebate Credit, if you were a U.S. citizen or U.S. resident alien in 2020, are not a dependent of another taxpayer for tax year 2020 and have a Social Security number valid for employment that is issued before the due date of your 2020 tax return (including extensions).

You can take the Recovery Rebate Credit on your 2020 tax return for any recovery rebate amount that is more than the stimulus payment you received in 2020 and early 2021.

How to Claim the Recovery Rebate Credit: FAQs

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In late December, lawmakers passed a coronavirus relief package that provides essential economic relief for millions of workers and people with low incomes. One component of the package is a second round of economic stimulus payments. See below for FAQs regarding distribution of the second stimulus payment. Additionally, we have general FAQs regarding the payment, “Mixed-Immigration Status Families and the Economic Impact Payment,” and “Distribution of the Second Stimulus Payment.”

What is the Recovery Rebate Credit?

If you are eligible and don’t receive your first or second stimulus payment or the full amount of your payment, you can claim it when you file your 2020 tax return in early 2021. The IRS usually begins to accept returns in late January. This year, the tax form will include a section for filers to claim missed stimulus payments as a Recovery Rebate Credit.

Eligible individuals can claim the Recovery Rebate Credit on their 2020 Form 1040 or 1040-SR. These forms can also be used by people who are not normally required to file tax returns but are eligible for the credit.

How do I find the stimulus payment amount I received?

Refer to your Notice 1444 for the payment amount you were issued, before any offsets. You’ll need to this information to determine the amount to include on the worksheet that will be included in the 2020 Instructions for Form 1040 and 1040-SR and when completing the Form 1040 or Form 1040-SR.

Who Qualifies for the Recovery Rebate Credit?

The Recovery Rebate Credit is figured like the first and second stimulus payments, except that the credit eligibility and the credit amount are based on the tax year 2020 information shown on the 2020 tax return filed in 2021.

Generally, you are eligible to claim the Recovery Rebate Credit, if you were a U.S. citizen or U.S. resident alien in 2020, are not a dependent of another taxpayer for tax year 2020 and have a Social Security number valid for employment that is issued before the due date of your 2020 tax return (including extensions).

You can take the Recovery Rebate Credit on your 2020 tax return for any recovery rebate amount that is more than the stimulus payment you received in 2020 and early 2021.

Distribution of the Second Stimulus Payment: FAQs

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In late December, lawmakers passed a coronavirus relief package that provides essential economic relief for millions of workers and people with low incomes. One component of the package is a second round of economic stimulus payments. See below for FAQs regarding distribution of the second stimulus payment. Additionally, we have general FAQs regarding the payment, “Mixed-Immigration Status Families and the Stimulus Payment,” and “How to Claim the Recovery Rebate Credit.”

When will the IRS make the second stimulus payments?

The IRS will send the second stimulus payments to taxpayers through January 15th.

Will I receive a letter or notice from the IRS about my second stimulus payment?

Yes, the IRS will issue a notice, or letter, about the second stimulus payment. Please keep your notice, formally called Notice 1444-B, with your tax records. You will need it when you file your 2020 tax return.

How can I check on the status of my second stimulus payment?

You can use the IRS’ Get My Payment tool to check on the status of your second stimulus payment.

Will the IRS’ Get My Payment tool give me the status of my second stimulus payment?

You will be able to check the status of your first and second stimulus payments using the Get My Payment tool. The status includes the date of the payment and the method (direct deposit or mailed payment date). Mailed payments will require more processing and mailing time. As more information becomes available, the IRS will provide updates.

Some people received their first stimulus payment in multiple payments. If you received more than one payment for your first stimulus payment, the Get My Payment tool will show you only the most recent payment information.

I’m having trouble accessing the Get My Payment tool.

Some people visiting the site may get a “please wait” or error message due to the high volumes coming in. The “please wait” message is a normal part of the site’s operation. The IRS encourages people to check back later. Also, there is a limit to the number of times people can access Get My Payment each day. When people reach the maximum number of accesses, Get My Payment will inform them they will need to check back the following day.

I didn’t receive a direct deposit yet. Will I get a second Economic Impact Payment?

Maybe. IRS updated Get My Payment tool (GMP) for individuals who are receiving the second stimulus payment on January 5, 2021. If you checked GMP on or after January 5 then:

  • If GMP reflects a direct deposit date and partial account information, then your payment is deposited there.
  • If GMP reflects a date your payment was mailed, it may take up to 3 – 4 weeks for you to receive the payment. Watch your mail carefully for a check or debit card.
  • If GMP shows “Payment Status #2 – Not Available,” then you will not receive a second Economic Impact Payment and instead you need to claim the Recovery Rebate Credit on your 2020 Tax Return.

Because of the speed at which the law required the IRS to issue the second round of stimulus payments, some payments may have been sent to an account that may be closed or, is or no longer active, or unfamiliar. By law, the financial institution must return the payment to the IRS; they cannot hold and issue the payment to an individual when the account is no longer active. If Get My Payment shows “Payment Status #2 – Not Available” you will not receive a second EIP. (You will need to claim it on your 2020 tax return if you are eligible.)   

What if I have a different bank account than I had on my 2019 tax return? What should I do?

If the second stimulus payment was sent to an account that is closed or is no longer active the financial institution must, by law, return the payment to the IRS, they cannot hold and issue the payment to an individual when the account is no longer active. The IRS advises people that if they don’t receive the full amount of their stimulus payment, they should file their 2020 tax return electronically and claim the Recovery Rebate Credit on their tax return to get their payment and any refund as quickly as possible.

Why can’t the IRS reissue the second stimulus payment to me?

The IRS is working to deliver the second stimulus payment quickly, as required by law, while still preparing for the upcoming 2021 tax filing season. Due to the compressed timeline, the IRS is unable to reissue and mail checks and instead encourages people to file their 2020 tax return electronically to claim and receive the Recovery Rebate Credit quickly as possible.

Can I call the IRS, software company or bank to resolve issues with my Economic Impact Payment?

People should visit IRS.gov for the most current information on the second round of stimulus payments rather than calling the agency or their financial institutions or tax software providers. IRS phone assistors do not have additional information beyond what’s available on IRS.gov.

Mixed-Immigration Status Families and the Stimulus Payment: FAQs

Posted on

In late December, lawmakers passed a coronavirus relief package that provides essential economic relief for millions of workers and people with low incomes. One component of the package is a second round of economic stimulus payments. See below for FAQs regarding distribution of the second stimulus payment. Additionally, we have general FAQs regarding the payment, “Distribution of the Second Stimulus Payment,” and “How to Claim the Recovery Rebate Credit.“

I filed my 2019 tax return as married filing jointly and I have a Social Security number valid for employment while my spouse has an Individual Taxpayer Identification Number (ITIN), am I eligible for the second stimulus payment?

You are eligible for a second stimulus payment for yourself and any dependents you claimed who also have Social Security numbers valid for employment, but not for your spouse. (Mixed-status families who did not receive the first stimulus payment due to the previous restrictions on spouses of people filing with ITINs will now be eligible to get that payment retroactively when they file their 2020 tax return. See discussion below.)

I filed my 2019 tax return as married filing jointly and both my spouse and I have ITINs, am I eligible for the second stimulus payment for my dependents who have Social Security numbers valid for employment?

No, you are not eligible for a second stimulus payment for yourself, your spouse, or your dependents. 

I have an ITIN and filed my 2019 tax return as single, am I eligible for the second stimulus payment?

No, you are not eligible for the second stimulus payment.

I have an ITIN and filed my 2019 tax return as Head of Household, am I eligible for the second stimulus payment?

No, you are not eligible for the second stimulus payment. Nor are you eligible for the second stimulus payment for any dependents you claimed, even those dependents with Social Security numbers valid for employment.

Do I qualify for the payment if I’m a resident alien?

A person who’s a qualifying resident alien with a Social Security number valid for employment is eligible for the second stimulus payment only if he or she is a qualifying resident alien in 2020 and may not be claimed as a dependent of another taxpayer.  A nonresident alien in 2020 isn’t eligible for the second stimulus payment. An alien who received a payment but isn’t a qualifying resident alien for 2020 should return the payment to the IRS.

Questions about Mixed Status families and the Economic Impact Payments? Contact a tax advocate at 980-202-7329.