Tax Brake with Robert G. Nath, Esq.

First, it's not a year 2000 refund. It's an “advance payment” on year 2001's tax refund, but is based on your year 2000 return. That is, Congress lowered the rates a bit for 2001, so the government gives you back some part of what is anticipated to be your year 2001 refund - in advance.

A few catches, however. You qualify for a rebate only if you actually filed a year 2000 return, and actually paid income taxes. If you can be claimed on someone else's return as a dependent, no rebate. Also, if you owe the feds on taxes or other debts (including child support), no rebate. And, if you did pay tax (through withholding) but got that back through a refund, you will not get a rebate.

The IRS has not given much guidance on some other, trickier questions. Let's say a couple is divorced. Who gets the rebate? Logically, it should be whoever is entitled to the year 2001 lowered taxes (or year 2001 refund). But that's not altogether clear at this time. In that situation, one possible way to protect your rights at this time is to file a claim for injured spouse, and then a joint return for 2001.

For more information on this rebate, see irs.gov and there is a separate link to questions about the rebate.

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