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    imadthegreat's Avatar
    imadthegreat Posts: 54, Reputation: 1
    Junior Member
    		  
    #1

    Jan 19, 2010, 01:18 AM
    Recovery Rebate Credit
    Hi

    I was on H1 until 2009 and my on H4. When we filed for tax return in 2009 (for year 2008) we were not eligible to receive stimulus rebate because my wife had an ITIN and not an SSN. Now we both have green cards and she has a valid SSN. I think we should be able to claim some portion of last year's stimulus checks. How can we do that. We also had a child born in December 2008 but did not get his portion of stimulus either because of my wife's ITIN. If its possible to claim the stimulus check this year then how much can we claim?

    Thanks
    Imad
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Jan 19, 2010, 11:36 AM
    You cannot claim the RRC on the 2009 tax return. Your only option is to amend the 2008 return and substituting your wife's ITIN with her current SSN.

    However, unless your wife was eligible to have a SSN in 2008, you CANNOT amend your 2008 return to claim the Recovery Rebate Credit. To do so would be construed as tax fraud by the IRS, something not to taken lightly.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #3

    Jan 20, 2010, 06:10 AM

    This year you may get Making Work Pay credit.
    Taxpayers with earned income will get Making Work Pay credit. It is 6.2% of your earned income with a maximum of $400 ($800 if married filing jointly). You must file schedule M (Form 1040 or 1040A) to claim the credit. Include the credit on line 63 of Form 1040 or line 40 of Form 1040A. If you are filing Form 1040-EZ, include the credit on line 8 and do not file schedule M. Those with AGI of more than $95,000 ($190,000 if married filing jointly), nonresidents and dependents do not get this credit. Your U.S. Tax Return: What's New for 2009
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