Individuals have begun receiving their economic impact payments over the past couple of weeks. Some of those individuals have passed away leaving their loved ones wondering what to do with these monies. Do they need to return it to the government? Can they keep it? No one wants to get in trouble with the IRS.
The IRS has just released guidance indicating that a deceased individual does not qualify for the economic impact payment and that the payment should be returned to the Treasury Department. It is unclear what, if anything, can be done by the IRS if the payment is NOT returned. Many pundits have explained that there is a provision in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) that provides if Treasury sends an individual too much money, you do not need to pay it back. It is considered a math or clerical error. “People may have returned it, but they didn’t need to,” said Nina Olson, the former head of the Taxpayer Advocate Service, an internal IRS watchdog. . . . The CARES Act stimulus bill contained no “clawback” provisions for stimulus checks sent to a dead person, meaning the agency can’t retrieve the money after it’s been handed out, she said. To read this article, CLICK HERE
A10. No. A Payment made to someone who died before receipt of the Payment should be returned to the IRS by following the instructions about repayments. Return the entire Payment unless the Payment was made to joint filers and one spouse had not died before receipt of the Payment, in which case, you only need to return the portion of the Payment made on account of the decedent. This amount will be $1,200 unless adjusted gross income exceeded $150,000.
A41. You should return the payment as described below.
If the payment was a paper check:
- Write “Void” in the endorsement section on the back of the check.
- Mail the voided Treasury check immediately to the appropriate IRS location listed below.
- Don’t staple, bend, or paper clip the check.
- Include a note stating the reason for returning the check.
If the payment was a paper check and you have cashed it, or if the payment was a direct deposit:
- Submit a personal check, money order, etc., immediately to the appropriate IRS location listed below.
- Write on the check/money order made payable to “U.S. Treasury” and write 2020EIP, and the taxpayer identification number (social security number, or individual taxpayer identification number) of the recipient of the check.
- Include a brief explanation of the reason for returning the EIP.
For your paper check, here are the IRS mailing addresses to use based on the state:
| If you live in… | then mail to this address |
|---|---|
| Maine, Maryland, Massachusetts, New Hampshire, Vermont | Andover Refund Inquiry Unit 1310 Lowell St Mail Stop 666A Andover, MA 01810 |
| Georgia, Iowa, Kansas, Kentucky, Virginia | Atlanta Refund Inquiry Unit 4800 Buford Hwy Mail Stop 112 Chamblee, GA 30341 |
| Florida, Louisiana, Mississippi, Oklahoma, Texas | Austin Refund Inquiry Unit 3651 S Interregional Hwy 35 Mail Stop 6542 Austin, TX 78741 |
| New York | Brookhaven Refund Inquiry Unit 5000 Corporate Ct. Mail Stop 547 Holtsville, NY 11742 |
| Alaska, Arizona, California, Colorado, Hawaii, Nevada, New Mexico, Oregon, Utah, Washington, Wisconsin, Wyoming | Fresno Refund Inquiry Unit 5045 E Butler Avenue Mail Stop B2007 Fresno, CA 93888 |
| Arkansas, Connecticut, Delaware, Indiana, Michigan, Minnesota, Missouri, Montana, Nebraska, New Jersey, Ohio, West Virginia | Kansas City Refund Inquiry Unit 333 W Pershing Rd Mail Stop 6800, N-2 Kansas City, MO 64108 |
| Alabama, North Carolina, North Dakota, South Carolina, South Dakota, Tennessee | Memphis Refund Inquiry Unit 5333 Getwell Rd Mail Stop 8422 Memphis, TN 38118 |
| District of Columbia, Idaho, Illinois, Pennsylvania, Rhode Island | Philadelphia Refund Inquiry Unit 2970 Market St DP 3-L08-151 Philadelphia, PA 19104 |
| A foreign country, U.S. possession or territory*, or use an APO or FPO address, or file Form 2555 or 4563, or are a dual-status alien. |
