[m124]

I was non-resident alien and filed 1040NR in 2007, but I was resident alien in 2008 and am filing 1040-EZ with Turbo tax.

I am also seeing that, on the instructions for form 1040, it says:

"This credit is figured in the same manner as
the economic stimulus payment you may
have received in 2008 except that your
2008 tax information is used to figure this
credit. Your 2007 tax information was used
to figure your economic stimulus payment."

Turbo tax did not ask whether I was resident or non-resident alien in 2007; it just asked if I received a stimulus payment in 2008 and I said "No" and then it just put the $600 credit on my tax return. Was that an oversight or that really does not matter anymore and I am really eligible for the stimulus payment? Thank you in advance.

[MukatA]

Since you are filing resident tax return, you will get recovery rebate (stimulus rebate).

[m124]

Since you are filing resident tax return, you will get recovery rebate (stimulus rebate).

Thanks.

[AtlantaTaxExpert]

Agreed, provided you are, in fact, eligible to file as a resident alien for 2008.

If you are confident that your resident alien status is valid, then you can get the Recovery Rebate on your 2008 return.

[taxgeek]

OK, a further enhancement to the question at hand. I am confident that I am resident alien for 2008.

Now, I got married in 2008 and hence am filing married filing jointly with my wife who has no ITIN. But that aspect will be taken care of via W7 (have read other relevant posts related to H4 wife not having ITIN or SSN).

My wife was not in the US in 2008, but she becomes a resident alien on account of my filing jointly.

Am I eligible for the full $1200 rebate? (I did not get any rebate in calendar yr 2008 since I was non resident in 2007)

[taxgeek]

ok, a further enhancement to the question at hand. I am confident that I am resident alien for 2008.

Now, I got married in 2008 and hence am filing married filing jointly with my wife who has no ITIN. But that aspect will be taken care of via W7 (have read other relevant posts related to H4 wife not having ITIN or SSN).

My wife was not in the US in 2008, but she becomes a resident alien on account of my filing jointly.

Am I eligible for the full $1200 rebate? (I did not get any rebate in calendar yr 2008 since I was non resident in 2007)

based on another thread, it looks like I cannot directly claim the rebate without first filing married filing separately and then amending that using 1040X! Too tedious, I say!

[AtlantaTaxExpert]

If you file jointly with your wife on her ITIN, you are NOT ELIGIBLE for the Recovery Rebate.

However, you CAN file Married Filing Separately, list your wife's name and the acronym NRA (for non-resident alien) where her SSN goes, and THEN you would be eligible for the recovery rebate (probably for $600) to be added to your refund.

Once you got the refund, you would then file Form 1040X to amend your return to Married Filing Jointly and submit it, along with Form W-7, to the IRS ITIN Processing Center in Austin, Texas, to get the bigger refund that goes with filing jointly.

The IRS has stated on their website that this process is perfectly legal