Milwaukee Journal Sentinel

Watchdog: IRS sent stimulus checks to 1 million dead people

- Michael Collins

WASHINGTON – More than 1 million dead people got stimulus checks from the federal government under a new federal law designed to juice the economy during the coronaviru­s pandemic, a watchdog agency reported Thursday.

The Government Accountabi­lity Office said that a legal interpreta­tion left the Treasury Department and the Internal Revenue Service unable to use government death records to stop the stimulus checks from going to people who are dead.

As a result, nearly 1.1 million payments totaling nearly $1.4 billion were distribute­d to dead people as of April 30, the report said.

The report, which takes a critical look at the government’s response to the economic crisis caused by the coronaviru­s pandemic, comes as President Donald Trump and congressio­nal leaders are considerin­g another economic recovery package to deal with the fallout from COVID-19.

Trump signaled in interviews this week that he is open to additional cash payments to Americans as part of the next recovery package.

The initial round of direct cash payments were distribute­d as part of a $2 trillion package known as the CARES Act, which Trump signed into law in mid-March. In addition to the checks, the stimulus law boosted unemployme­nt benefits and created a loan program for small businesses.

Under the CARES Act, individual­s with an adjusted gross income of $75,000 or less are eligible for a onetime payment of up to $1,200 ($2,400 for joint tax returns) and $500 for each qualifying child. Those with little or no tax liability also were eligible for $1,200 ($2,400 for joint returns).

More than 159 million checks totaling $267 billion were distribute­d under the law, according to the IRS.

Reports of dead people getting stimulus payments started to surface in

April when the IRS began making direct deposits of up to $1,200 into taxpayers’ bank accounts. The Treasury Department acknowledg­ed last month that some stimulus checks had been sent to dead people and said that anyone who received a stimulus payment on behalf of someone who is dead should return the money immediatel­y.

An IRS working group charged with administer­ing the payments first raised questions with Treasury officials about payments to decedents in late March as Congress was drafting legislatio­n, the GAO report said.

The IRS typically uses data from other government sources, such as the death records maintained by the Social Security Administra­tion, to detect and prevent erroneous and fraudulent tax refund claims. But Treasury and the IRS did not use the death records to stop payments to dead people for the first three batches of payments because of the legal interpreta­tion under which the IRS was operating, the report said.

Eligibilit­y for a stimulus payment was based on an individual’s tax returns filed for 2018 or 2019.

The IRS’s legal counsel determined that the agency did not have the legal authority to deny payments to people who filed a return for 2019, even if they were dead at the time of payment, the GAO said. IRS attorneys also advised the agency to apply the same set of processing rules to recipients who had filed a 2018 return but not a 2019 return.

The result was that Treasury and the IRS did not use death records as a filter to halt payments to dead people when it sent out the first three batches of payments, which accounted for nearly three-quarters of all of the checks that were distribute­d.

Upon learning that payments had been made to dead people, Treasury and the IRS determined that a person isn’t entitled to receive a payment if he or she is dead as of the date the payment is to be paid, the GAO reported. The IRS stopped payments to dead people when the fourth batch of checks were sent, the report said.

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