It converted its preliminary injunction, issued on September 24, 2020, into a permanent injunction and gave the IRS and Treasury Department 30 days from the initial ruling to reconsider stimulus payments for individuals who are entitled to them based on information that the IRS has from 2018 or 2019 tax returns. We do not agree with this position, and think it is unfair and extremely burdensome. Please note that “if you file online, the IRS requires that you answer line 9 of the form, in addition to other required lines (An answer to line 9 is not required for paper submissions.).”. If a taxpayer is unsure they’re receiving a legitimate letter, the IRS urges taxpayers to visit first to protect against scam artists.” 17.

If you meet the other requirements set forth in Questions 4 and 5 above.


The letter will provide information on how the payment was made and how to report any failure to receive the payment. Please see this page for instructions from the IRS. Payment Eligibility & General Information (Q.A.4), In the event that you receive a notice from the IRS that it sent you a payment but you did not receive it, you can also call the IRS help line at 800-919-9835 to speak with a live person about the issue. Furthermore, the court ordered the IRS to reconsider any claim filed through the “non-filer” online portal “or otherwise that was previously denied solely on the basis of the claimant's incarcerated status.”. 1. IRS separately advised counsel that it believes that all claims should be filed by claimants themselves, but despite our requests for clarification IRS has not disagreed that it told CDCR to encourage online filings.

Street Address

For example, a correctional number for people in California state prisons is called a CDCR number, and it would be listed like this on your claim form: John Smith   CDCR # 12345 11. You are eligible to file a claim if you satisfy all of the following requirements: 5. box or trust account that is different from your current address of residence. Read more…. What do I do if I get a refund check but I am incarcerated?

You also can download a copy of your completed Affidavit for your files. If they were incarcerated both prior to March 27 and at least some time afterward, then the IRS may have denied them an Economic Impact Payment based on their incarcerated status.

The IRS has established a special address for the claims of incarcerated people: Department of the Treasury How do I know if my children qualify as dependents for purposes of the claim form? Your inquiries in pursuit of legal advice are privileged and confidential, and you will not be charged a fee to speak with us. The Court also ordered the IRS to immediately correct misinformation on its website, issue accurate and updated guidance to its own employees on claimant eligibility, alert prison officials to the new extensions and other policy rulings, and send direct notice to incarcerated people about this now-expanded claims process. Read the text of the applicable regulation for California, 15 CA ADC § 3140. © 2020 Forbes Media LLC. If you filed a 2018 or 2019 tax return or if you receive Social Security Benefits or Railroad Retirement Board Benefits: You do not need to file a claim.

On October 14, a district court for the Northern District of California granted summary judgment in Scholl v Mncuhin, a case that challenged the IRS’s policy of excluding inmates from receiving $1,200 stimulus checks.

We have over 1000 items to choose from. Update 10/10/20:  We are aware that IRS representatives have been giving conflicting information in response to this question. It helps that the IRS took a position unsupported by the statute and that it inexplicably reached this position after reversing itself,” he added. Date of birth

Social Security Number or Adoption Taxpayer Identification Number boxes or trust accounts.

Please continue to check this web page for further updates.

City, California zip code. First & Last Name (required) In an answer to a frequently asked question on its economic impact payment information center, the IRS wrote in May that “payment made to someone who is incarcerated should be returned to the IRS.” Many legal experts challenged the basis for the IRS’s move, arguing that it acted “beyond its authority, perhaps even illegally.” There is no mention of incarcerated individuals in the CARES Act, which some argue makes the IRS position wrong because it “contravenes the clear text” of the Act, according to Patrick Thomas of Notre Dame Law School. All Rights Reserved, This is a BETA experience. As a result, the IRS is required to stop denying stimulus relief to people who are incarcerated solely for that reason, to re-issue payments that were previously retracted from incarcerated people by October 24, 2020, and to re-consider any claim for a refund check that was previously denied by the same date.