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PD1810

Left US but received Stimulus payment

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Hello

Due to H1 extension denial, I moved to India in Feb 2020. Since I paid all taxes on time till FY 2018, I was paid stimulus payment by IRS based on my last taxes filed in 2018.

As I am not legal resident of USA and currently in India, Am I eligible for this stimulus payment from IRS ?

Would I need to pay back it to IRS when i file 2020 taxes next year ?

I am worried that I should not get IRA notice for this payment!

Please provide your opinion.

thanks!

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IRS has said that people who received it in error need to pay it back. There may be more info on the IRS website.

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You are eligible for the advance payment if you  were a resident alien for tax purposes for the 2019 tax year (or the 2018 tax year if you haven't filed for 2019), you had an SSN (and your spouse had an SSN if filed jointly), and your income for the 2019 (or 2018) tax year is lower than the income threshold. That you have left the US since then doesn't affect it. The payment was not error and you do not need to pay it back. Even if you qualify for a smaller payment or for no payment under the 2020 tax year, you do not have to pay anything back on your 2020 taxes.

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You do not have to return your payment, this was not an error in any way, unless you get a double payment. Stimulus payment is not free money but the advance payment of your 2020 tax filing. So file your 2020 taxes next year you will be good, in case you do not have any income to report, just file the taxes without any income or consult tax filing company there are a bunch of them in the market. Do not worry much and do not think it is any error.

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20 hours ago, gopalakrishnach said:

I heard if you got by mistake or you are not supposed to get it you need to pay back.

Right but nothing in the question indicates that it was "by mistake". If the OP filed their tax return correctly, then the stimulus payment they received was almost certainly what they are entitled to.

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12 hours ago, newacct said:

Right but nothing in the question indicates that it was "by mistake". If the OP filed their tax return correctly, then the stimulus payment they received was almost certainly what they are entitled to.

No, it was by mistake.

To send out stuff quickly, IRS just looked at the tax payments of people in the last 2 years, and if that was below a certain threshold they sent out payments. That resulted in people like the OP receiving a check, but also people who died in the last year got checks (they didn't file a tax return last year...)

IRS has said that these payments have to be returned.

Edited by JoeF

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On 6/3/2020 at 9:00 AM, newacct said:

Right but nothing in the question indicates that it was "by mistake". If the OP filed their tax return correctly, then the stimulus payment they received was almost certainly what they are entitled to.

I believe it mistake. To help more number of needy IRS just send to bank accounts without checking whether the account holder and tax payee was present in USA or not. I believe its mistake and send them back.

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23 hours ago, JoeF said:

No, it was by mistake.

To send out stuff quickly, IRS just looked at the tax payments of people in the last 2 years, and if that was below a certain threshold they sent out payments.

And sending it out to people who qualify under the 2019 (or 2018) tax year is exactly what the law requires. On what basis do you claim it is "by mistake"?

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9 hours ago, newacct said:

And sending it out to people who qualify under the 2019 (or 2018) tax year is exactly what the law requires. On what basis do you claim it is "by mistake"?

If the person doesn't live in the US the person doesn't qualify. Also under the law.

So, it was sent by mistake, and needs to be returned.

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4 hours ago, JoeF said:

If the person doesn't live in the US the person doesn't qualify. Also under the law.

So, it was sent by mistake, and needs to be returned.

There is no requirement that the person live in the US at the time of receiving the advance payment. The law says that the government shall pay the advance payment to someone who was an "eligible individual" for the 2019 tax year (which they may change to the 2018 tax year if the person hasn't filed for 2019).

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