Will APs who paid taxes in 2019 get a stimulus check??

[Anonymous]

Anybody know?

Thanks

[Anonymous]

That is a great question! I have no idea. But I assume no.
If H1B visa are not getting it, there is no chances J1 visa will get it:
https://www.murthy.com/2020/04/02/i-have-been-working-in-h1b-for-a-number-of-years-have-paid-my-taxes-and-contributed-to-this-country-is-it-true-that-despite-all-this-i-still-am-not-eligible-for-the-covid-19-stimulus-payment-thi/

[Anonymous]

No they are "non-resident aliens", they are not eligible.

[Anonymous]

thanks!

[Anonymous]

But they also said it was linked to ssn through irs... Unless someone double checks whatever algorithm, it’s certainly possible.

[Anonymous]

Anonymous wrote:But they also said it was linked to ssn through irs... Unless someone double checks whatever algorithm, it’s certainly possible.

If AP filed income taxes AND did it incorrectly (not using the correct form and indicating their non-resident alien status), sure it's possible the IRS will make a mistake and they will get one.

However, it's very clear from the IRS that APs are generally non-resident aliens and the CARES Act specifically says that non-residents will not be getting a check, so APs should NOT be getting one.

https://www.natlawreview.com/article/cares-act-foreign-national-and-immigrant-eligibility-paid-leave-unemployment

[Anonymous]

Yeah, this thread of posts is not true at all. J-1 visas DO qualify. Here is the Substantive Presence Test that shifts a nonresident alien (no stimulus money) to a resident alien (YES stimulus money):

https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

Basically:

To meet this test, you must be physically present in the United States (U.S.) on at least:

31 days during the current year, and
183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
All the days you were present in the current year, and
1/3 of the days you were present in the first year before the current year, and
1/6 of the days you were present in the second year before the current year.

That’s 31 days this year, and 183 days total. Come on. It’s an au pair YEAR. They qualify. They should get the stimulus $$$.

Here’s the deal - they pay taxes as resident aliens, they also qualify for the tax credit under the CARES Act.

Check the links in the thread started on 4/26 on this topic. It works out to an increase of $23/week ($1200/52 weeks). What au pair does not deserve that with these changed circumstances?

[Anonymous]

Sorry, “Substantial Presence Test”

[Anonymous]

The substantial presence test does not apply to APs. They fall under one of the exemptions and therefore cannot count any of the time here under the AP program.

https://www.irs.gov/individuals/international-taxp...yers/substantial-presence-test
Do not count days for which you are an exempt individual. The term "exempt individual" does not refer to someone exempt from U.S. tax, but to anyone in the following categories:
- A teacher or trainee temporarily present in the U.S. under a "J" or "Q" visa, who substantially complies with the requirements of the visa.

https://www.irs.gov/individuals/international-taxp...ividuals-teachers-and-trainees
A teacher or trainee is an individual, other than a student, who is temporarily in the United States under a "J " or "Q " visa and substantially complies with the requirements of that nonimmigrant status. You are considered to have substantially complied with the requirements of that nonimmigrant status if you have not engaged in activities that are prohibited by U.S. immigration laws and could result in the loss of your nonimmigrant status. Any nonimmigrant temporarily present in the U.S. in "J" or "Q" status who is not a student is included within the definition of "Teacher or Trainee." For example, alien physicians, au pairs, short-term scholars, and summer camp workers temporarily present in the U.S. in "J" nonimmigrant status are included within the IRS definition of "Teacher or Trainee." In addition, cultural exchange visitors in "Q" nonimmigrant status are also included within the IRS definition of "Teacher or Trainee".

[Anonymous]

You forgot to check the exemptions. APs are excluded from being able to count any days while in the AP program.

Anonymous wrote:Yeah, this thread of posts is not true at all. J-1 visas DO qualify. Here is the Substantive Presence Test that shifts a nonresident alien (no stimulus money) to a resident alien (YES stimulus money):

https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

Basically:

To meet this test, you must be physically present in the United States (U.S.) on at least:

31 days during the current year, and
183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
All the days you were present in the current year, and
1/3 of the days you were present in the first year before the current year, and
1/6 of the days you were present in the second year before the current year.

That’s 31 days this year, and 183 days total. Come on. It’s an au pair YEAR. They qualify. They should get the stimulus $$$.

Here’s the deal - they pay taxes as resident aliens, they also qualify for the tax credit under the CARES Act.

Check the links in the thread started on 4/26 on this topic. It works out to an increase of $23/week ($1200/52 weeks). What au pair does not deserve that with these changed circumstances?