You are likely hearing about the Economic Impact Payments the U.S. Internal Revenue Service (IRS) is distributing as a result of the COVID-19 public health emergency. Some of you may have received a $1,200 payment in April 2020 either in the form of a paper check or a direct deposit into your bank account. A second round of $600 payments is going out in late December 2020/early January 2021. The IRS sends these payments to anyone who filed a resident tax return for 2018 and/or 2019. Unfortunately, if you filed a resident tax return in error, you may receive Economic Impact Payments to which you are not entitled. If so, action is required on your part.
Individuals who qualify as residents for U.S. tax purposes (along with U.S. citizens and U.S. permanent residents) are legally entitled to file resident tax returns. F-1 and J-1 students qualify as residents for U.S. tax purposes after 5 years in the U.S. If you are an F-1 or J-1 student who entered the U.S. in 2014 or earlier you were a resident for tax purposes in 2019 and entitled to file a 2019 resident tax return. If you first entered the U.S. in F-1 or J-1 student status during 2015 and were present in the U.S. for at least 183 days in 2020, you became a resident for tax purposes in 2020 and are entitled to file a 2020 resident tax return. F-1 or J-1 students who qualify as tax residents for 2020 and correctly file a resident tax return on Form 1040, 1040A or 1040EZ are eligible for the Economic Impact Payments unless they are claimed as a dependent on someone else’s US. tax return. The IRS will deposit the funds into the bank account you entered on your most recent tax return. No action is required on your part.
If you are an F-1 or J-1 student who arrived in the U.S. in 2016 or later you are a nonresident for 2020 tax purposes, must file nonresident tax returns, and are not eligible for Economic Impact Payments. F-1 or J-1 students who arrived in the U.S. in 2016 or later, must file Form 1040NR, not form 1040, 1040A or 1040EZ for 2020 tax purposes, and are not eligible for either the $1,200 Economic Impact Payment distributed in April 2020 or for the additional $600 payment in December 2020/January 2021. If you filed your taxes as a resident by mistake, you must file an amended tax return using form 1040NR to correct your prior year tax return(s). Sprintax can assist you with that process, or you may choose to work with a tax professional in the community (Sprintax information here). Please note that amended tax return assistance is not a free service. Due to current conditions, IRS processing of amended tax returns will take several months.
If you are a nonresident for 2020 tax purposes and received an Economic Impact Payment, you must return that payment by following the instructions on the IRS Website here: Return EIP Payment
More information is available on the IRS Website.