1040 MFJ with 8833 XXV(1) -- Stimulus payment ?

[nirvana_1959]

I have been filing 1040NR so far. For 2020 I fall (around 15 days) below 183 days on SPT. However, I decided to file 1040 MFJ with 8833 XXV(1).

My tax software is adding stimulus payments. Am I even eligible for that ?

[nelsona]

Ignore my answer on the other thread, I thought you were filing 1040NR.

If you do not get the Stimulus, and you are eligible, that's acceptable.

You would need to look at eligibility rules for non-residents. Let me know what you find.

[nelsona]

It would appear that only those who actually meet SPT (remember, SPT can be met using last 3 years by formula) are eligible, and you both need SSNs (the last payment in december ITINs qualifoied if one memmber of family had SSN).

[nirvana_1959]

Thanks Nelson.

My wife and I both have SSN. However, SPT comes to 170 days :-(. So, I have to figure out a way not to claim the stimulus payment (may be lie that I received the payments to bypass the error).