SECTION 6. Drafting Information

The principal author of this notice is Aviva M. Roth, Office of the Chief Counsel (Financial Institutions and Products). However, other personnel from the IRS and the Treasury Department participated in its development. For further information regarding this notice, contact Aviva M. Roth at (202) 622–3980 (not a toll-free call).

2008 Economic Stimulus Payments: Filing Instructions for Certain Individuals Not Otherwise Required to File an Income Tax Return

Notice 2008–28

PURPOSE

This notice informs certain individuals not otherwise required to file an income tax return how to request the economic stimulus payment authorized by the Economic Stimulus Act of 2008.

BACKGROUND

The Economic Stimulus Act of 2008, Pub. L. No. 110–185, 122 Stat. 613 (Feb. 13, 2008) (Act) amended § 6428 of the Internal Revenue Code (Code) to provide economic stimulus payments to eligible individuals. For this purpose, an eligible individual is any individual other than a nonresident alien, an estate or trust, or an individual who can be claimed as a dependent under § 151 of the Code for the taxable year. Section 6428(g) authorizes advance refunds and credits of the economic stimulus payments to be made in 2008.

In general, the amount of the 2008 economic stimulus payment is the lesser of: (1) the individual’s net income tax liability for 2007, or (2) $600 ($1,200 in the case of a joint return). However, as provided in § 6428(b), an individual (or married couple filing jointly) with at least $3,000 of “qualifying income” in 2007 may receive a minimum payment of $300 ($600 in the case of a joint return), even though the individual (or married couple) has no net income tax liability for 2007. Qualifying income for purposes of § 6428(b) means: (1) earned income as defined in § 32(c)(2) of the Code that is includible in gross income for federal income tax purposes (including, if elected, certain combat zone compensation of members of the Armed Forces of the United States); (2) social security benefits (including monthly retirement, survivor and disability benefits, but not including supplemental security income (SSI) payments) and Tier 1 railroad retirement benefits described in § 86(d) of the Code; and (3) disability compensation, disability pension and survivor benefits from the Department of Veterans Affairs pursuant to Chapters 11, 13, or 15 of Title 38 of the United States Code.

In order to receive an economic stimulus payment in 2008, an eligible individual must file an income tax return for 2007. Most eligible individuals are required by § 6012(a) of the Code to file an income tax return because their gross income for 2007 exceeds the sum of their exemption amount plus the applicable standard deduction, or are required by § 6017 of the Code to file an income tax return with respect to self-employment tax on net earnings from self-employment of $400 or more. Additionally, some eligible individuals who are not required by § 6012(a) or

2008–10 I.R.B. 546 March 10, 2008

DRAFTING INFORMATION

The principal author of this notice is Andrew J. Keyso of the Office of Associate Chief Counsel (Income Tax & Accounting). For further information regarding this notice, contact Mr. Keyso at (202) 622–4800 (not a toll-free call).

26 CFR 601.105: Examination of returns and claims for refund, credit, or abatement; determination of correct tax liability. (Also Part 1, § 1031.)

Rev. Proc. 2008–16