If you and your spouse filed tax returns for 2019 or 2018 jointly, you likely have already received the Economic Impact Payments (Payments) authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).
However, if your spouse died before your receipt of the payment, IRS wants that portion of payment made to your deceased spouse. This means you will need to return $1,200 (or a lesser amount if your adjusted gross income exceeded $150,000).
At Hemness Faller Elder Law, we recommend our Florida clients, who have been affected by this “CARES”-less payment, to take the following steps to properly handle the return of payment. We hope this could help you and your families as well.
If the payment was a paper check and you have NOT cashed it:
1. Write “Void” in the endorsement section on the back of the Treasury check.
2. Write a note to briefly explain the reason for returning the check.
For example:
On 05/01/2020, I received an Economic Impact Payment in the amount of $2,400. Because my husband Mr. John Doe passed away on 01/01/2020, I am sending it back for a reissuance of the Economic Impact Payment.
3. Mail the voided Treasury check and your note immediately to the IRS location designated for Florida taxpayers (Don’t staple, bend, or paper clip the check):
Austin Internal Revenue Service
3651 S Interregional Hwy 35
Austin, TX 78741
If the payment was a paper check and you have cashed it, or if you received the payment as a direct deposit:
1. Write a check, or get a money order, etc. payable to “U.S. Treasury”; in the memo line of the check or money order write 2020EIP, and the social security number of your spouse.
2. Write a note to briefly explain the reason for returning the check.
For example:
On 05/01/2020, I received an Economic Impact Payment in the amount of $2,400. Because my husband Mr. John Doe passed away on 01/01/2020, I am sending $1,200 back for his portion of the Economic Impact Payment.
3. Mail the check/money order and your note to the IRS location designated for Florida taxpayers (Don’t staple, bend, or paper clip the check):
Austin Internal Revenue Service
3651 S Interregional Hwy 35
Austin, TX 78741
If you need any help with probate administration or trust administration, do not hesitate to contact our office at (813) 661 5297.
