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Noncitizens and Eligibility for the 2020

Recovery Rebates



May 1, 2020

Some policymakers have expressed concern that certain individuals, including some imrmigrants (referred
to as noncitizcns, foreign nationals, or alins in law and throughout this Insight), are ineligible for direct
payments under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act; PL. 116-136).
The statute refers to these payments as 2020 recovery rebates. The Internal Revenue Service (IRS) refers
to these payments issued in 2020 as Economic Impact Payments. For more detailed information on these
payments, see CRS Insight IN11282, COVID-19 and Direct Payments to Individuals: Summary of the
2020 Recovery Rebates/Economic Impact Payments in the CARES Act (PL. 116-136).
There are three main categories of indi vduals who are !nciiobic for these payments (not necessarily
mutually exclusive):
    1. children over 10- years old and adult dependets;
    2. certain noncitizens who have individual taxpayer identification numbers (ITiNs) or are
       nonresident aliens; and
    3. higherincome taxpavers (generally with income over $99,000 if single, $198,000 if
       mated, with higher thresholds for those with qualifying children).
Generally, receipt of these payments in 2020 will be based on individuals' eligibility using information
from 2019 (or, if unavailable, 2018).
This Insight provides an overview of one category of individuals who are ineligible for the 2020 recovery
rebates-ccrtain noncitizcis who have ITiNs or are nonresident aliens.

How are noncitizens classified for federal tax purposes?
The 2020 rccover rebates are structured as refundable tax credits. Hence, to understand how the
eligibility rules of these benefits will affect certain noncitizens, this Insight first examines how the federal
tax code classifies noncitizs.
Under U.S. immigration law, noncitizens are generally admitted into the United States as imrnigrants to
live permanently or as nonimmigrants to stay on a temporary basis. Like citizens, noncitizens may be
required to file a federal tax return (or other documents with the IRS) or even if not required, may find it
                                                                Congressional Research Service
                                                                  https://crsreports.congress.gov
                                                                                      IN11376

CRS INSIGHT
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