Some of you have asked if you are eligible to receive a Stimulus Check from the US Government through the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). In the simplest terms:
Non-Resident Alien - Time in US is less than 5 calendar years – not eligible.
Resident Alien - Time in US is more than 5 calendar years - might be eligible.
If you believe you “might be eligible” based upon the amount of time you have been in the US, we ask you to contact Mrs. Suzanne to discuss potential immigration concerns for receiving a stimulus check.
Eligibility is dependent upon your tax filing status. The Internal Revenue Service (IRS) determines who is eligible for the Stimulus Check based on your tax filing status. The IRS is the U.S. Government agency we mail our tax returns to every year.
Tax Filing Status
You are considered a Nonresident Alien for the first five years you file your US tax returns. Each year we purchase Sprintax, a tax software specifically for nonresident aliens (international students and scholars), for you to file your taxes. On the sixth year you file your taxes, you could be considered a Resident Alien for Tax Purposes Only. Sprintax determines if you meet this tax status and will stop you from using their tax software. It will also give you instructions for using a different tax program to file your taxes correctly. www.Sprintax.com
NOTE: The terms “nonresident alien” and “resident alien for tax purposes only” come from the Internal Revenue Code and do not necessarily match with visa-related definitions of “Immigrant” and “Non-Immigrant” from the Code of Federal Regulations.
For more information on Determining your Tax Status, review the IRS webpage: Determining Alien Tax Status
Stimulus Check Eligibility
Nonresident Aliens are NOT ELIGIBLE for the stimulus check.
Resident Aliens for Tax Purposes Only, who have a valid Social Security Number valid for employment purposes are eligible* for the stimulus check based upon the language of the CARES Act.
Additional information about eligibility for the Payment can be found at https://www.irs.gov/coronavirus/get-my-payment-frequently-asked-questions
Have you Received a Stimulus Check?
It is very important to make sure you are eligible to receive a Stimulus Check. If you are issued one incorrectly and you do not return it, you could have problems adjusting your visa status in the future, based on the new interpretation of the Public Charge Rule. This stimulus payment could be seen as a Federal cash assistance for income maintenance, which would make this payment a public assistance payment that could define you as a public charge. If you receive a payment in error, we recommend you contact a licensed tax specialist for guidance on how to return the payment.
The following links provide more extensive details related to individual stimulus payments:
http://blog.sprintax.com/nonresident-aliens-guide-navigating-covid-19-cares-act-stimulus-payments/
https://www.irs.gov/coronavirus/get-my-payment-frequently-asked-questions
https://www.irs.gov/coronavirus/economic-impact-payment-information-center see Q33
The IRS urges taxpayers to be on the lookout for scam artists trying to use the economic impact payments as cover for schemes to steal personal information and money. Remember, the IRS will not call you, text you, email you or contact you on social media asking for personal or bank account information – even related to the economic impact payments. Also, watch out for emails with attachments or links claiming to have special information about economic impact payments or refunds.
For more information on Scams, please go to the following link: Be on the Lookout for Coronavirus Scammers.
