Hi,

I have question regarding old 2007 tax return. I didn't get any tax rebate when I filed for 2007 tax returns because my wife didn't have SSN.

She got her SSN in early 2008, and I heard recently from someone that I could have filed for an amended 2007 return with her new SSN to get the $1200 rebate. Is that true? If yes, can I do it now?

Thanks

I assume you are referring to the economic stimulus rebate, which was originally paid out in 2008 based on your 2007 tax return. According to the IRS web site, there is no point in filing an amended return for 2007 solely to receive this rebate, as there was an opportunity in the 2008 tax filing to get the rebate in the form of a credit against your 2008 tax return if you did not qualify in your 2007 tax filing - this was called the "recovery rebate credit." So, the question is: what did you claim on your 2008 tax return?

1. For tax year 2008, what form did you file, and what filing status did you use? Note - if you were a non-resident alien (form 1040-NR) you were not eligible for the rebate.

2. When you completed your 2008 tax return, did you include the Recovery Rebate Tax Credit on your return? You would have entered it on line 70 of Form 1040 of your 2008 return.

3. The amount of the stimulus payment based on your 2007 return was typically $1200 for those who filed as married and $600 for single. Did you receive the $600 amount? If so, then the max credit that you could have claimed on your 2008 taxes is $600.

After you review your 2008 tax return - if you filed as Married Filing Jointly (usng your wife's new SSN), filed form 1040 (not 1040-NR), and neglected to include the credit on line 70, then you are probably eligible to file an amended return for 2008 to claim the additional $600 credit.

If you were working under a work visa (H-1, H-1B, H-2B, E-1, L-1) in 2007, you can amend the 2007 return to add your wife to the return and file jointly under First Year Choice.

If you need professional help doing this, contact me at [email protected]