26 USC 6428B - 2021 recovery rebates to individuals

U.S Code last checked for updates: Nov 26, 2024

§ 6428B.

2021 recovery rebates to individuals

(a)

In general

(b)

2021 rebate amount

For purposes of this section, the term “2021 rebate amount” means, with respect to any taxpayer for any taxable year, the sum of—

(1)

$1,400 ($2,800 in the case of a joint return), plus

(2)

$1,400 multiplied by the number of dependents of the taxpayer for such taxable year.

(c)

Eligible individual

For purposes of this section, the term “eligible individual” means any individual other than—

(1)

any nonresident alien individual,

(2)

any individual who is a dependent of 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.

(d)

Limitation based on adjusted gross income

(1)

In general

The amount of the credit allowed by subsection (a) (determined without regard to this subsection and subsection (f)) shall be reduced (but not below zero) by the amount which bears the same ratio to such credit (as so determined) as—

(A)

the excess of—

(i)

the taxpayer’s adjusted gross income for such taxable year, over

(ii)

$75,000, bears to

(B)

$5,000.

(2)

Special rules

(A)

Joint return or surviving spouse

(B)

Head of household

(e)

Definitions and special rules

(1)

Dependent defined

(2)

Identification number requirement

(A)

In general

(B)

Joint returns

In the case of a joint return, the $2,800 amount in subsection (b)(1) shall be treated as being—

(i)

$1,400 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)

Dependents

(D)

Valid identification number

(i)

In general

(ii)

Adoption taxpayer identification number

(E)

Special rule for members of the Armed Forces

(F)

Coordination with certain advance payments

(G)

Mathematical or clerical error authority

(3)

Credit treated as refundable

(f)

Coordination with advance refunds of credit

(1)

Reduction of refundable credit

(2)

Joint returns

(g)

Advance refunds and credits

(1)

In general

(2)

Advance refund amount

(A)

In general

(B)

Treatment of deceased individuals

For purposes of determining the advance refund amount with respect to such taxable year—

(i)

any individual who was deceased before January 1, 2021, shall be treated for purposes of applying subsection (e)(2) in the same manner as if the valid identification number of such person was not included on the return of tax for such taxable year (except that subparagraph (E) thereof shall not apply),

(ii)

notwithstanding clause (i), in the case of a joint return with respect to which only 1 spouse is deceased before January 1, 2021, such deceased spouse was a member of the Armed Forces of the United States at any time during the taxable year, and the valid identification number of such deceased spouse is included on the return of tax for the taxable year, the valid identification number of 1 (and only 1) spouse shall be treated as included on the return of tax for the taxable year for purposes of applying subsection (e)(2)(B) with respect to such joint return, and

(iii)

no amount shall be determined under subsection (e)(2) with respect to any dependent of the taxpayer if the taxpayer (both spouses in the case of a joint return) was deceased before January 1, 2021.

(3)

Timing and manner of payments

(4)

No interest

(5)

Application to individuals who have filed a return of tax for 2020

(A)

Application to 2020 returns filed at time of initial determination

(B)

Additional payment

(i)

In general

In the case of any individual who files, before the additional payment determination date, a return of tax for such individual’s first taxable year beginning in 2020, the Secretary shall make a payment (in addition to any payment made under paragraph (1)) to such individual equal to the excess (if any) of—

(I)

the amount which would be determined under paragraph (1) (after the application of subparagraph (A)) by applying paragraph (1) as of the additional payment determination date, over

(II)

the amount of any payment made with respect to such individual under paragraph (1).

(ii)

Additional payment determination date

The term “additional payment determination date” means the earlier of—

(I)

the date which is 90 days after the 2020 calendar year filing deadline, or

(II)

September 1, 2021.

(iii)

2020 calendar year filing deadline

(6)

Application to certain individuals who have not filed a return of tax for 2019 or 2020 at time of determination

(7)

Special rule related to time of filing return

(8)

Restriction on use of certain previously issued prepaid debit cards

(h)

Regulations

The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including—

(1)

regulations or other guidance providing taxpayers the opportunity to provide the Secretary information sufficient to allow the Secretary to make payments to such taxpayers under subsection (g) (including the determination of the amount of such payment) if such information is not otherwise available to the Secretary, and

(2)

regulations or other guidance to ensure to the maximum extent administratively practicable that, in determining the amount of any credit under subsection (a) and any credit or refund under subsection (g), an individual is not taken into account more than once, including by different taxpayers and including by reason of a change in joint return status or dependent status between the taxable year for which an advance refund amount is determined and the taxable year for which a credit under subsection (a) is determined.

(i)

Outreach

(Added Pub. L. 117–2, title IX, § 9601(a), Mar. 11, 2021, 135 Stat. 138.)

cite as: 26 USC 6428B