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    rschrei's Avatar
    rschrei Posts: 2, Reputation: 1
    New Member
     
    #1

    Jun 30, 2008, 09:55 AM
    Wage earner has SSN but spouse has ITIN.Stimulus or No Stimulus?
    According to eligablity requirements from the IRS, I as the wage earner who has a valid SSN and 5 children also whm have a valid SSN should be eligible for a Stimulus Payment. However, I filed "Married Joint" and my husband who has only an ITIN was on my return as the secondary. I have only been married for 3 years now and all 5 of my children are from a previous marriage and were all born here in the USA... just like me. So I should have received a "REDUCED PAYMENT" of $2100... however, the IRS just says I was not eligible due to the ITIN used when I filed my taxes. I have searched and search and not been able to find out how to file an appeal or even talk to a live body. I have called the hotline for days in end and never been able to get through. WHAT DO I NEED TO DO NOW? SHOULD I EVEN EXPECT A PAYMENT? Is there a secret BAT CAVE NUMBER I need to call to get to a live body?

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

    Jun 30, 2008, 11:55 AM
    There is no appeal.

    Your research mirrors my understanding of the current rules associated with the Stimulus Rebate, which specified that if the return is filed with an ITIN ANYWHERE in the return, then NO stimulus check will be issued.

    This rule may be changed, as this has caused some consternation in Congress as unfairly penalizing U.S. citizens who are married to foreign national.

    Also, you can file Married Filing Separately for 2008 and get the Stimulus NEXT year if the rule is not changed,

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