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    #16
    My understanding from reading is that payments are intended for people who did not die prior to 2020 and the credit will likewise be available if they are listed on the 2020 return. Is this inaccurate?

    Doug

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      #17
      Originally posted by dtlee View Post
      My understanding from reading is that payments are intended for people who did not die prior to 2020 and the credit will likewise be available if they are listed on the 2020 return. Is this inaccurate?

      I've seen a couple of comments about the credit being allowed for those who died in 2020, but I haven't seen that in the law (but of course, I just may have missed it). Like the first credit, it says it is not payable to estates. That is presumably the basis of why the IRS said the first credit was not allowed to deceased people. So I would assume that would also apply to the second credit. So I'm hoping I'm just missing something.

      One the other hand, it does say that the Advance credit will not be paid to those who died before January 1st, 2020. To me, that would indicate that Advance credit is available to those who died in 2020 and would therefore be eligible for the credit.

      If you come across anything definitive, I would love to see it.

      Comment


        #18
        Originally posted by TaxGuyBill View Post
        That is presumably the basis of why the IRS said the first credit was not allowed to deceased people.
        No, that was not it. The last time we had Recovery Rebate Credits with advance payments, back around 2007-08 as I recall, the exact same language appeared and back then payments also legally and properly went to the survivors of deceased taxpayers. The 2020 website FAQ was a pure error on the part of the IRS, probably deliberate as they were trying to implement some executive order or failed legislation about "improper payments to deceased people" promulgated by Mark Meadows, one of Trump's many chiefs of staff.

        The new law says this (previously alluded to by NYEA in this thread):

        ‘1 ‘(A) any individual who was deceased be-
        2 fore January 1, 2020, shall be treated for pur-
        3 poses of applying subsection (g) in the same
        4 manner as if the valid identification number of
        5 such person was not included on the return of
        6 tax for such taxable year, and
        7 ‘‘(B) no amount shall be determined under
        8 this subsection with respect to any qualifying
        9 child of the taxpayer if—
        10 ‘‘(i) the taxpayer was deceased before
        11 January 1, 2020, or
        12 ‘‘(ii) in the case of a joint return, both
        13 taxpayers were deceased before January 1,
        14 2020.
        Last edited by Rapid Robert; 01-04-2021, 04:36 PM.
        "You said it, they'll never know the difference. Come on, we'll paint our way out!" - Moe Howard

        Comment


          #19
          Oh, I just saw that the Draft Instructions say that a person who died in 2020 DOES qualify.


          Generally, you are eligible to claim the recovery rebate credit if in 2020 you were a U.S. citizen or U.S. resident alien, weren't a dependent of another taxpayer, and have a valid social security number. This includes someone who died in 2020, if you are preparing a return for that person

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            #20
            Originally posted by Rapid Robert View Post
            No, that was not it. The last time we had Recovery Rebate Credits with advance payments, back around 2007-08 as I recall, the exact same language appeared and back then payments also legally and properly went to the survivors of deceased taxpayers. It was a pure error on the part of the IRS, probably deliberate as they were trying to implement some executive order about "improper payments" promulgated by one of the former Trump chiefs of staff (there have been so many, I can't remember which one).

            The new law says this (previously alluded to by NYEA in this thread):

            ‘1 ‘(A) any individual who was deceased be-
            2 fore January 1, 2020, shall be treated for pur-
            3 poses of applying subsection (g) in the same
            4 manner as if the valid identification number of
            5 such person was not included on the return of
            6 tax for such taxable year, and
            7 ‘‘(B) no amount shall be determined under
            8 this subsection with respect to any qualifying
            9 child of the taxpayer if—
            10 ‘‘(i) the taxpayer was deceased before
            11 January 1, 2020, or
            12 ‘‘(ii) in the case of a joint return, both
            13 taxpayers were deceased before January 1,
            14 2020.

            That says no advance credit would be payable to those who died in 2019 or earlier. It does not say anything about those who die in 2020. But as I just posted, the Draft Instructions say the a person that dies in 2020 does qualify.

            Comment


              #21
              Originally posted by TaxGuyBill View Post
              It does not say anything about those who die in 2020.
              Of course it does. It says everyone who meets the other criteria is eligible, and then it says, but not if deceased prior to 2020. Therefore those who were not deceased prior to 2020, including those who die in 2020, are still eligible.
              "You said it, they'll never know the difference. Come on, we'll paint our way out!" - Moe Howard

              Comment


                #22
                Kathy Morgan, EA, Ustcp:

                For folks looking - the IRS has posted new draft instructions for the 1040 that includes the new worksheet for computing both EIP payments and the credit (page 59 of the instructions).

                Comment


                  #23
                  Originally posted by Lion View Post
                  Kathy Morgan, EA, Ustcp:

                  For folks looking - the IRS has posted new draft instructions for the 1040 that includes the new worksheet for computing both EIP payments and the credit (page 59 of the instructions).
                  The Get My Payment site is not very helpful to taxpayers who still have not received the payment. It says No information available or you may not be eligible. One of my new clients got the $1200 check last year and when he did not get the $600, he checked and got that useless info. So he calls me to check with IRS and I told him that there is no IRS option to expedite it. I can do the RRC worksheet when I file his tax return once IRS opens up. He asks how soon, I say don't know. So he tells me you are no help go F*** yourself.

                  So now tax preparers have to take the blame for IRS??
                  Taxes after all are the dues that we pay for the privileges of membership in an organized society. - FDR

                  Comment


                    #24
                    Originally posted by ATSMAN View Post

                    The Get My Payment site is not very helpful to taxpayers who still have not received the payment. It says No information available or you may not be eligible. One of my new clients got the $1200 check last year and when he did not get the $600, he checked and got that useless info. So he calls me to check with IRS and I told him that there is no IRS option to expedite it. I can do the RRC worksheet when I file his tax return once IRS opens up. He asks how soon, I say don't know. So he tells me you are no help go F*** yourself.

                    So now tax preparers have to take the blame for IRS??
                    Perhaps you should have told the taxpayer that the payments are still being processed through January 15.

                    Comment


                      #25
                      Originally posted by New York Enrolled Agent View Post

                      Perhaps you should have told the taxpayer that the payments are still being processed through January 15.
                      Yes I could have but I just did not like his attitude. So I am not too sad to see him go!
                      Taxes after all are the dues that we pay for the privileges of membership in an organized society. - FDR

                      Comment


                        #26
                        Originally posted by ATSMAN View Post
                        So now tax preparers have to take the blame for IRS??
                        Many if not most tax preparers make a handsome living off of the shortcomings and flaws of the IRS. So yes, it's a package deal.

                        "You said it, they'll never know the difference. Come on, we'll paint our way out!" - Moe Howard

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