U.S Code last checked for updates: Nov 22, 2024
All TitlesTitle 26Subtitle FChapter 65Subchapter B
§ 6428.
2020 recovery rebates for individuals
(a)
In general
In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by subtitle A for the first taxable year beginning in 2020 an amount equal to the sum of—
(1)
$1,200 ($2,400 in the case of eligible individuals filing a joint return), plus
(2)
an amount equal to the product of $500 multiplied by the number of qualifying children (within the meaning of section 24(c)) of the taxpayer.
(b)
Treatment of credit
(c)
Limitation based on adjusted gross income
The amount of the credit allowed by subsection (a) (determined without regard to this subsection and subsection (e)) shall be reduced (but not below zero) by 5 percent of so much of the taxpayer’s adjusted gross income as exceeds—
(1)
$150,000 in the case of a joint return or a surviving spouse (as defined in section 2(a)),
(2)
$112,500 in the case of a head of household, and
(3)
$75,000 in the case of a taxpayer not described in paragraph (1) or (2).
(d)
Eligible individual
For purposes of this section, the term “eligible individual” means any individual other than—
(1)
any nonresident alien individual,
(2)
any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual’s taxable year begins, and
(3)
an estate or trust.
(e)
Coordination with advance refunds of credit
(1)
In general
(2)
Joint returns
(f)
Advance refunds and credits
(1)
In general
(2)
Advance refund amount
(3)
Timing and manner of payments
(A)
Timing
(B)
Delivery of payments
(C)
Waiver of certain rules
(4)
No interest
(5)
Alternate taxable year
In the case of an individual who, at the time of any determination made pursuant to paragraph (3), has not filed a tax return for the year described in paragraph (1), the Secretary may—
(A)
apply such paragraph by substituting “2018” for “2019”, and
(B)
if the individual has not filed a tax return for such individual’s first taxable year beginning in 2018, use information with respect to such individual for calendar year 2019 provided in—
(i)
Form SSA–1099, Social Security Benefit Statement, or
(ii)
Form RRB–1099, Social Security Equivalent Benefit Statement.
(6)
Payment to representative payees and fiduciaries
(A)
In general
In the case of any individual for which payment information is provided to the Secretary by the Commissioner of Social Security, the Railroad Retirement Board, or the Secretary of Veterans Affairs, the payment by the Secretary under paragraph (3) with respect to such individual may be made to such individual’s representative payee or fiduciary and the entire payment shall be—
(i)
provided to the individual who is entitled to the payment, or
(ii)
used only for the benefit of the individual who is entitled to the payment.
(B)
Application of enforcement provisions
(i)
In the case of a payment described in subparagraph (A) which is made with respect to a social security beneficiary or a supplemental security income recipient, section 1129(a)(3) of the Social Security Act (42 U.S.C. 1320a–8(a)(3)) shall apply to such payment in the same manner as such section applies to a payment under title II or XVI of such Act.
(ii)
In the case of a payment described in subparagraph (A) which is made with respect to a railroad retirement beneficiary, section 13 of the Railroad Retirement Act (45 U.S.C. 231l) shall apply to such payment in the same manner as such section applies to a payment under such Act.
(iii)
In the case of a payment described in subparagraph (A) which is made with respect to a veterans beneficiary, sections 5502, 6106, and 6108 of title 38, United States Code, shall apply to such payment in the same manner as such sections apply to a payment under such title.
(7)
Notice to taxpayer
(g)
Identification number requirement
(1)
Requirements for credit
Subject to paragraph (2), with respect to the credit allowed under subsection (a), the following provisions shall apply:
(A)
In general
(B)
Joint returns
In the case of a joint return, the $2,400 amount in subsection (a)(1) shall be treated as being—
(i)
$1,200 if the valid identification number of only 1 spouse is included on the return of tax for the taxable year, and
(ii)
zero if the valid identification number of neither spouse is so included.
(C)
Qualifying child
A qualifying child of a taxpayer shall not be taken into account under subsection (a)(2) unless—
(i)
the taxpayer includes the valid identification number of such taxpayer (or, in the case of a joint return, the valid identification number of at least 1 spouse) on the return of tax for the taxable year, and
(ii)
the valid identification number of such qualifying child is included on the return of tax for the taxable year.
(2)
Requirements for advance refunds
No refund shall be payable under subsection (f) to an eligible individual who does not include on the return of tax for the taxable year—
(A)
such individual’s valid identification number,
(B)
in the case of a joint return, the valid identification number of such individual’s spouse, and
(C)
in the case of any qualifying child taken into account under subsection (a)(2), the valid identification number of such qualifying child.
(3)
Valid identification number
(A)
In general
(B)
Adoption taxpayer identification number
(4)
Special rule for members of the Armed Forces
(5)
Mathematical or clerical error authority
(h)
Regulations
(Added Pub. L. 116–136, div. A, title II, § 2201(a), Mar. 27, 2020, 134 Stat. 335; amended Pub. L. 116–260, div. N, title II, § 273(a), Dec. 27, 2020, 134 Stat. 1976.)
cite as: 26 USC 6428
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