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February 24, 2021
Question

Turbo Tax Premier is Wrongly Identifying me as Eligible for Stimulus

  • February 24, 2021
  • 1 reply
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I am an international citizen with resident alien status for tax on F1-OPT. My understanding is that I should not be getting the stimulus. However, the TurboTax identified me as eligible for stimulus. Why is that happening? What is missing there?

1 reply

February 24, 2021

F1 visa holders can be eligible to receive a stimulus check but only based on certain conditions. Just like with the H1B category, you need a valid social security number (SSN), but you should have also filed your tax return already (prior year).  In short, the CARES Act can be claimed by US citizens, permanent residents and residents for tax purposes (individuals who can pass the Substantial Presence Test) who have a valid SSN and who have filed their 2018 tax return (in 2019), or their 2019 return (in 2020) and who will be considered a qualifying resident alien for the 2020 tax year.

 

Nonresident aliens are not eligible to receive this stimulus.

 

Substantial Presence Test and Stimulus Checks

  • Another thing that adds to your eligibility for a stimulus check is the amount of time you’ve been in the U.S. for. As a non-immigrant with a U.S. visa, you must have been in the U.S. for a specific amount of time if you want to qualify.
  • What is that amount of time? Well, if we’re talking about 2020, you must have been in the States for at least 21 days. Also, you should have been in the country for a total of 183 days within a 3-year period. As such, for the possibility of getting a stimulus check, one must have been in the U.S. in 2018, 2019 and 2020, in order to cover the number of necessary days within the last 3 years.
  • Your stay should cover the physical presence for the entire 2020 period, as well as an additional 4 months in 2019 and 1/6 in 2018. As long as you meet the requirements for this specified amount of time, then the stimulus check can be yours.

If you do NOT meet the requirements here, then you should NOT receive the stimulus payments. Please update here is you have more questions.

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