# Stimulus checks returned by NRA



## crisvic (Jan 25, 2020)

Good morning. This old spanish lady was told by an enrolled agent she was not eligible for the stimulus cheks she received, as she had a SS card not valid for employment, spousal benefits, 4500$ year with 25.5% withholding on form 1042S for the last 11years. in February She finally decided to return the checks to the irs in Austin, tx. Last week she received a letter from the irs. The content of the letter is as follows.
1-Confirmation of receipt of first check.
2-Will take approx. 60 days to process the check
3-Will make adjustment (s) as you requested. 
She is very nervous, as she did,nt request anything. In her first short notice with check enclosed to the irs, she shortly explained that she was a NRA, SS not valid for employment, spousal benefits with 25,5% withholding on form 1042S....She,s very anxious because of the following...
Her husband a u.s. citizen, got her a green card in 1970. She lived in the u.s. 1970-1976. Then she returned to Spain and never came back to the U.S.. In 1989 her husband got her a new reentry visa, but she refused to even consider going back. Finally after no response from her..the visa section at the Embassy sent her a letter informing her of the irevocable
cancelation-annulment of her visa. She then wrote a letter to the embassy to confirm her intention of not returning to the U.S. and enclosed her expired greencard. This was in 1994. In 2009 she applied for spousal benefits and got her old SS nbr with the addition (not valid for employment) Husband finally came back to Spain. Husband always filed separatly. She, as her u.s source income is so low with 25,5% withholding never filed.
It,s agonizing now for her to wait for the next irs letter......what do you think the outcome will be??...
Thanks so much


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## Bevdeforges (Nov 16, 2007)

Actually, the most likely outcome is "nothing, nothing at all." Seriously, the IRS has sent out EIP checks to just about everyone who receives a US SS benefit payment, regardless of their nationality, eligibility, residence or any of the other presumed "requirements." They are not going to come after all the checks they sent out "in error" (if that really was "in error"). They've got way more urgent stuff on their plates at the moment and for the foreseeable future.


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## crisvic (Jan 25, 2020)

Bevdeforges said:


> Actually, the most likely outcome is "nothing, nothing at all." Seriously, the IRS has sent out EIP checks to just about everyone who receives a US SS benefit payment, regardless of their nationality, eligibility, residence or any of the other presumed "requirements." They are not going to come after all the checks they sent out "in error" (if that really was "in error"). They've got way more urgent stuff on their plates at the moment and for the foreseeable future.


Thanks so much, your soothing words will help this poor lady sleep better tonight


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## crisvic (Jan 25, 2020)

crisvic said:


> Thanks so much, your soothing words will help this poor lady sleep better tonight


Sorry one last thing......the irs refers to the returned Eip check as..TAX REFUND CHECK...is it the same? thanks


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## Nononymous (Jul 12, 2011)

I'm sorry to say this, but it sounds like the old Spanish lady is going to be nervous about the IRS every day for the rest of her life, no matter what happens, no matter what anyone says to her. She'll simply need to live with the fear.


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## crisvic (Jan 25, 2020)

Nononymous said:


> I'm sorry to say this, but it sounds like the old Spanish lady is going to be nervous about the IRS every day for the rest of her life, no matter what happens, no matter what anyone says to her. She'll simply need to live with the fear.


thanks..i,ll keep your reply to myself for the moment.......but could you be more specific..so I might eventually advice her...


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## Nononymous (Jul 12, 2011)

I can't be more specific. She will fear the IRS for the rest of her days because she doesn't understand what's going on and she seems to be wired for anxiety. No advice you give will change this, I expect.


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## Bevdeforges (Nov 16, 2007)

crisvic said:


> Sorry one last thing......the irs refers to the returned Eip check as..TAX REFUND CHECK...is it the same? thanks


That's primarily because that's the only category they had (in their creaky old computer system) to deal with these payments. That also allowed them to permit some folks who didn't receive their checks in the first or second rounds to use the missed payment to offset any taxes owed or to boost whatever tax refund they already had coming (thus saving a certain amount of work for the IRS). 

To be honest, there was never any specific notification (certainly not to overseas residents) regarding who did or did not qualify for these payments. People seem to be assuming that the payments were only supposed to be issued to "taxpayers" or to "US citizens" or to "Social Security benefit recipients" but all of that, as far as anyone can tell, was based on news reports. Even the letters sent out to notify people that they had or were being sent a payment had nothing about why they had been sent a payment (or what to do if they didn't meet the specific requirements). Given that they really weren't clear on who should have gotten payments, they certainly aren't going to try to take back payments, if only because they seem to have no idea they have sent out payments to those not qualified to receive them. And then again, the IRS doesn't acknowledge things - like when and if they actually received your tax returns or payments. 

I agree that, if your friend is of a nervous disposition, there may be nothing you can tell her that will truly put her mind at ease. Other than perhaps the old "no news is good news" in just about anything dealing with the IRS. If there is a problem, they'll be in touch (maybe) but if you hear nothing, then everything is just fine.


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## crisvic (Jan 25, 2020)

Nononymous said:


> I can't be more specific. She will fear the IRS for the rest of her days because she doesn't understand what's going on and she seems to be wired for anxiety. No advice you give will change this, I expect.


Thanks...


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## Nononymous (Jul 12, 2011)

Bevdeforges said:


> Given that they really weren't clear on who should have gotten payments, they certainly aren't going to try to take back payments, if only because they seem to have no idea they have sent out payments to those not qualified to receive them.


She could have easily kept the money without ever hearing another word from the IRS, but then it's quite likely that she would have never have enjoyed a good night's sleep for the rest of her days.


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