Taxpayer asks:
Hello,
I am writing in behalf of my daughter who has a stimulus check from last year that she cant get cashed. She and her husband or soon to be ex have received a $900.00 check that she cant get cashed. He isn’t playing fair and has moved out of the state and is refusing to sign the check or even give her the correct address. I had her mail the check off to him with a stern and direct note attached that he is to sign and send it back uncashed and she would send him his part on return. She sent it off signature required and it was returned as unknown address or person. The address she sent it to was the last known address the divorce attorney used to contact him. What can she do? Their boys are the ones suffering the most by not being able to cash this check…. any ideas?
Taxgirl says:
That stinks. But unfortunately, there’s not a whole lot that you can do. By law, each of your daughter and her ex is considered to receive half of the stimulus payment.
The IRS doesn’t want to play referee in a relationship. If the check is made out to the both of you, the job of the IRS is more or less over. This doesn’t sound like an issue which would lend itself to innocent spouse relief, it’s an issue of endorsing the check. That really makes it more of an asset/income split issue for the divorce.
Since you indicated that there’s a divorce attorney involved, I would suggest contacting him or her to have the court order him to sign the check. That may be tricky because of the location issue.
Other than that, I have no real suggestions (perhaps one of my colleagues might?). Your daughter has already filed the return together with her ex, so she can’t amend to file separately without his consent. And that’s clearly not going to happen.
What I would definitely advise against: signing his name to the check (don’t, don’t, don’t!) or otherwise trying to cash it without his permission. That constitutes fraud and/or theft and would make a bad situation worse.
It just sounds like a terrible situation. Sorry that I can’t be of more help.
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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Taxpayer asks:
Punched in all the numbers in TurboTax for my 2008 taxes. The first thing It asked was how much my 2008 Economic Stimulus rebate check was ($2100). Surprise, surprise, it reduced my 2008 refund by $2100. According to the IRS web site the rebate should not effect by 2008 refund plus or minus. Is this right?
Taxgirl says:
Your rebate check from last year should not result in a reduction in your tax refund. (It could, however, result in a bigger “refund” check or a reduction in federal tax owed if you have not yet received your full rebate check from last year, though only about 3% of taxpayers are affected).
I haven’t seen a version of TurboTax for this year, so I can’t comment on the specifics. However, the good folks at Intuit are in the know about the rebate, and have made accommodation in the software. If there’s a problem not related to your actual rebate check from last year or your eligibility, it may be a skipped line entry or some other confusion. I’d recommend contacting Intuit and having them take a peek. Their contact page indicates that you can call, email or chat online to get answers.
Good luck!
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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Taxpayer asks:
I recently did my taxes through Turbo tax and during the process Turbo tax informed me that I qualify for a rebate of $300.00 (stimulus payment) beings I did not work 2007 and missed out on the 2008 rebate. Here is what turbo tax said “your situation has changed, and you qualify for a rebate of $300.00 when you file your 2008 return” The IRS has approved my taxes and i am just waiting for the check in the mail. My question is will I get the $300.00 or should i at lest get the $300.00 with my tax return? If not how or when will I get the refund? Is there anything i need to do to make sure i get the refund? Thank you!!
Taxgirl says:
If you qualify to receive the rebate this year (because you didn’t qualify last year or your situation has changed), you don’t need to take any further steps beyond filing your return. The credit will be applied towards any refund you might be due. On its site, the IRS states very clearly that “taxpayers will receive a single refund that includes any recovery rebate credit to which they are entitled. The IRS will not be issuing separate recovery rebate credit payments.”
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.
Have a question? Ask the taxgirl! – Now on Facebook!
Taxpayer asks:
We were granted the full rebate but granted a partial rebate as that the difference was applied to IRS taxes owed, would we recive that difference this year?
Second question, my son did not work in 2007, worked in 2008, he is a dependent/student on my return, can he file for the rebate. I understand certain persons can claim the rebate if they did not receive one last year, but I can not find his situation noted? Thanks in advance
Taxgirl says:
Nope. You won’t receive the difference. If you received the full amount – but that amount was offset for back taxes, child support, etc. – you are not entitled to an additional credit.
As to your question about your son, he will not qualify for the credit. Since you are claiming him as a dependent on your return, he remains ineligible for the rebate.
The rebate rules from before still apply. For a refresher, check out this prior post about the size of your rebate check or this post about folks who are ineligible to receive a rebate check.
To be clear: the rules have not changed. If your situation has changed, that’s a different story. Generally, the credit will apply to folks who were income ineligible on their 2007 return but qualify with 2008 income, had a baby in 2008, or those that did not file.
It’s really important to note that most taxpayers have already received the proper rebate amount. The IRS estimates that only 3% of taxpayers are eligible for additional money. Just 3%.
As an aside, I’ve heard that many tax pros are advising their clients to skip the Recovery Rebate Credit line altogether in order to avoid confusion. The return instructions state that IRS will calculate any credit due if you want: enter “RRC” next to line 70 on your 1040 or line 9 on your 1040-EZ. I don’t know how widely this is being publicized and would love to hear what my colleagues are telling their clients…
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.
Have a question? Ask the taxgirl! – Now on Facebook!
