The third round of the Recovery Rebate Credit is authorized by the American Rescue Plan Act (ARPA) of 2021 which expanded the Child Tax Credit (CTC) for tax year 2021 only. Generally, this credit will increase the amount of your tax refund or decrease the amount of the tax you owe.
For tax year 2021, the Child Tax Credit is increased from $2,000 per qualifying child to:
- $3,600 for children ages 5 and under at the end of 2021; and
- $3,000 for children ages 6 through 17 at the end of 2021.
Who can claim the Recovery Rebate Credit?
Eligible individuals who did not receive the full amount of the Economic Impact Payments may claim the Recovery Rebate Credit on their 2021 Form 1040 or 1040-SR. To determine whether you are an eligible individual or the amount of your Recovery Rebate Credit, complete the Recovery Rebate Credit Worksheet in the Instructions for Form 1040 and Form 1040-SR.
Generally, you are eligible to claim the Recovery Rebate Credit if you were a U.S. citizen or U.S. resident alien in 2021, cannot be claimed as a dependent of another taxpayer for tax year 2021, and have a Social Security number valid for employment that is issued before the due date of your 2021 tax return (including extensions).
You must file Form 1040 or Form 1040-SR to claim the Recovery Rebate Credit even if you are normally not required to file a tax return.
Be On The Look0Out For CTC Letter From IRS
To help taxpayers reconcile and receive all of the Child Tax Credits to which they are entitled, the IRS will send Letter 6419, 2021 advance CTC, starting late December, 2021 and continuing into January 2022. The letter will include the total amount of advance Child Tax Credit payments taxpayers received in 2021 and the number of qualifying children used to calculate the advance payments. Taxpayers should provide this letter to their tax preparer along with their 2021 tax documents.
Families who received advance payments will need to file a 2021 tax return and compare the advance Child Tax Credit payments they received in 2021 with the amount of the Child Tax Credit they can properly claim on their 2021 tax return.
Eligible families who did not receive any advance Child Tax Credit payments can claim the full amount of the Child Tax Credit on their 2021 federal tax return, filed in 2022. This includes families who don’t normally need to file a tax return.
Your Recovery Rebate Credit amount will be phased out if your adjusted gross income for 2021 exceeds:
- $150,000 if you are married filing a joint return or filing as a qualifying widow or widower,
- $112,500 if you are using the head of household filing status, or
- $75,000 if you are using any other filing status.
What If I Received More Than What I Was Entitled To?
If you received more than you were entitled to, the IRS does not require you to pay the money back nor is any such ineligible amount added on to your 2021 taxes. Taxpayers whose incomes increased in 2021 compared with their earlier tax returns which the IRS relied on to determine whether they qualified for the payments, may be in this situation.
Will I owe taxes on the stimulus checks?
No, because the stimulus checks are not considered income by the IRS but instead are prepaid tax credits for your 2021 tax return, authorized by the ARPA of 2021.
Beware Of New IRS Scam!
You get a call from someone claiming to be working for the IRS claiming:
“We need your personal information in order for you to claim the coronavirus stimulus money.”
This appears to be an identity theft scheme to obtain recipients’ personal and financial information so the scammers can provide the IRS with their banking information to get your economic impact payment deposited into their account. In reality, the IRS WILL NOT CALL YOU! Federal aid will either be deposited via account information the IRS already has from your tax filings or they will send you a check.
Where can I get more information?
The IRS has established a special section focused on steps to help taxpayers, businesses and others affected by the coronavirus and as information becomes available, the IRS will be updating this special page on its website. You can also check out the KahnTaxLaw Coronavirus Resource Center.
An Opportunity For Taxpayers Who Owe The IRS
Do not think that if you owe the IRS your tax problem will disappear because of the measures being considered by the government. Instead you should be utilizing this valuable time to get yourself prepared so that when activity in this nation regains momentum, you are ready to make the best offer or proposal to take control of your outstanding tax debts.
As a prerequisite to any proposal to the IRS, you must be in current compliance. That means if you have any outstanding income tax returns, they must be completed and submitted to IRS.
Also, if you are required to make estimated tax payments, you must be current in making those payments. With the passing of 2021, taxpayers who expect to owe for 2021 should have their 2021 income tax returns done as early as possible in 2022 so that the 2021 liability can be rolled over into any proposal and the requirement to make estimated tax payments will start for 2022.
Remember that COVID-19 does not alter the tax laws, so all taxpayers should continue to meet their tax obligations as normal. Individuals and businesses should keep filing their tax returns and making payments and deposits with the IRS, as they are required to do.
Also, the IRS will continue to take steps where necessary to protect all applicable statutes of limitations. In instances where statute expirations might be jeopardized during this period and a taxpayer is not agreeing to extend such, the IRS will issue Notices of Deficiency and pursue other similar actions to protect the interests of the government in preserving such statute.
What Should You Do?
You know that at the Law Offices Of Jeffrey B. Kahn, P.C. we are always thinking of ways that our clients can save on taxes. If you are selected for an audit, stand up to the IRS by getting representation. Tax problems are usually a serious matter and must be handled appropriately so it’s important to that you’ve hired the best lawyer for your particular situation. The tax attorneys at the Law Offices Of Jeffrey B. Kahn, P.C. located in Orange County (Irvine), Los Angeles (including Long Beach and Ontario) and elsewhere in California are highly skilled in handling tax matters and can effectively represent at all levels with the IRS and State Tax Agencies including criminal tax investigations and attempted prosecutions, undisclosed foreign bank accounts and other foreign assets, and unreported foreign income. Also if you are involved in cannabis, check out what a cannabis tax attorney can do for you. And if you are involved in cryptocurrency, check out what a bitcoin tax attorney can do for you.
