Ask the taxgirl: Recovery Rebate Credit and ITINs

March 31, 2009 · 0 comments

Taxpayer asks:

I have a query on the recovery rebate for the year 2008.

Let me explain my status as of last year and current year.

Last year :

Tax filed as “Maried filling jointly”

Myself – have SSN

Wife – ITIN

KID1 – ITIN

Since my wife didn’t have an SSN, we didn’t qualify for the stimulus package, which I agree upon.

This year :

Tax filed as “Maried filling jointly”

Myself – have SSN

Wife – SSN

Kid1 – ITIN

Kid2 – ITIN

Since my wife has SSN this year, I was expecting recovery rebate of around $1200 (600 each for myself and my wife). I understand that my kids don’t have SSN, so I won’t get any credit for them.

But the IRS department totally denied any credit saying that all the persons on the tax return should have valid SSN.

Is this correct? Last year many of my colleagues in similar situation got stimulus package for themselves and their spouse and not for kids. So why I have been denied the credit for myself and my wife this year ?

Your advise on the same would be highly appreciated.

Taxgirl says:

Unfortunately, the IRS is right on this one. To be eligible to collect a rebate, you’re only eligible if “[y]ou and any family members listed on your tax return have valid Social Security numbers.”

I’m not sure why others you know might have received a check other than human error. I do know that some folks were filing MFS (married filing separately) to avoid being ineligible altogether – but that’s not something that I recommend in most circumstances. It’s rare that MFS produces a significantly better tax result, especially with dependent children.

I wish I had a better answer for you.

All that said, I’m not sure why your children would not have a SSN if you and your wife do – have you applied?

Like any good lawyer, I need to add a disclaimer: Unfortunately, it is impossible to give comprehensive tax advice over the internet, no matter how well researched or written. Before relying on any information given on this site, contact a tax professional to discuss your particular situation.

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