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A 2008 Stimulus Payment will be sent to many people by the US government between the months of May and July of 2008. You may get this money if you had income of at least $3,000 in 2007, you have a valid Social Security Number, and you file your 2007 tax return by April 15, 2008. The payments will vary between $300 to over $1200 and will be calculated based on the number of people in your household and the income you reported on your 2007 tax return.

The $3,000 qualifying income for the Stimulus Payment includes any wages, tips or salary from a job or self-employment. People who receive Social Security benefits will be eligible for the Stimulus Payment but they must file a 2007 tax return even though they generally do not have to. People who receive Supplemental Security Income (SSI) are not eligible to receive the Stimulus Payment. People who receive some types of Veteran’s benefits or Railroad Retirement benefits may be able to collect a Stimulus Payment.

You must have a valid Social Security Number (SSN) in order to be eligible to receive the Stimulus Payment. If you and your spouse are filing your taxes together, and one of you does not have a valid SSN, neither of you will be eligible for the Stimulus Payment. You also cannot claim a child for the Stimulus Payment who does not have a valid SSN.

The payments will vary depending on the size of the household and the income claimed in your 2007 tax return. If you did not receive $3,000 in any type of income in 2007 you will not receive a Stimulus Payment. Otherwise, the Stimulus Payments will be calculated as follows:

$300 if you earned more than $3,000 but paid no taxes (such as Social Security benefits)

$600 if you earned more than $3,000 and paid taxes

$300 for each additional child under the age of 17

$600 total for a married couple who each earned at least $3,000 but paid no taxes

$1,200 total for a married couple who each earned at least $3,000 and paid taxes

The amount that you receive from the Stimulus Payment will not have any affect on your 2007 or your 2008 tax return. The Stimulus Payment will be an additional and separate refund check from the check that you will receive from filing your 2007 tax return. The amount that you receive cannot change any income-based government benefit that you receive such as Social Security or Food Stamps.

It is important to remember that you must file your 2007 tax return by April 15, 2008 in order to get a Stimulus Payment. People who receive Social Security benefits will have to file their 2007 tax return even though they generally do not have to.

To file your taxes for free you can visit the website http://www.icanefile.org/. This website was created by Legal Aid Society of Orange County in California. You can file both your New York State and your federal tax returns for free by using this website.

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Legal Assistance of Western New York, Inc. 

This article provides general information about this subject. Laws affecting this subject may have changed since this article was written. For specific legal advice about a problem you are having, get the advice of a lawyer. Receiving this information does not make you a client of our office.

rev 3/18/08 jh