<andrew[at]andrewmitchel.com> wrote:

- quote -

Tread carefully.

Remember that we have always been dealing with a 2008 credit. That
reference is about the advance payments of the 2008 credit made based on
2007 return information. The provision in the law exempting the payment
from recapture applied only to the reconciliation of the advance payment and
the ultimate 2008 credit. Advance payments are now moot. Now we're dealing
with the 2008 credit.

I've not seen anything that indicates that an amended 2008 return would not
affect the 2008 credit. IOW, it appears to me that if you file an MFS
return claiming the credit and then later amend it to a joint return with an
ITIN spouse you would lose the credit.

--
Phil Marti
Clarksburg, MD

--
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andrew[at]andrewmitchel.com wrote:
- quote -

relates to the ESP, which is now closed.

You can file as MFS and you would be eligible for the 2008
Recovery Rebate Credit (RRC) assuming you had qualifying income
or a tax liability in 2008. You might also discover that you are
paying higher taxes by filing MFS and it offsets any RRC.

Watch out if you're residing in a community property state and
your income is treated as community income.

If you amend your 2008 tax return to MFJ after filing as MFS and
getting an RRC, you would have to pay it back when you amend. The
reason is that the RRC is a tax credit that flows to the original
and amended return while the ESP was an advance payment that did
not have to be paid back.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >

- quote -

The IRS website provides:

Q. If I have a spouse with an ITIN and choose "married filing
separately" status to qualify for the economic stimulus payment and
later on amend my original return to "married filing jointly" status,
will I need to return the stimulus payment?

A. No.

See http://www.irs.gov/newsroom/article/...181995,00.html

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >

KM98 <kmarcus98[at]gmail.com> wrote:

- quote -

Congress wrote that into the law.

- quote -

Are you active duty U.S. Military? If so, call your U.S. Senator
and ask the law be changed.

Dick

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >

KM98 wrote:
- quote -

hard coded that requirement in the law. The Heroes Earnings
Assistance and Relief Tax Act of 2008 wrote an exception to this
rule. A spouse or eligible dependent child of a member of the US
military may use an ITIN if a joint return is filed.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >

Hi All-

My wife is not eligible for an SSN (she has an ITIN), last year IRS
told me Tax rebate will not be given to families if either spouse does
not have an SSN.

Is there a way for me to file an appeal or something?

Thank you.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >