Do People in Jail Get a Stimulus Check?

A lot of people who you might not think would be getting a stimulus check have received a payment—including dead people. But what about inmates who are locked up in prison? Should they get a stimulus check? And if they get one, should they be able to keep it?

According to the IRS, an incarcerated person does not qualify for a stimulus check. In fact, if a person in jail or prison gets a payment, they're supposed to return it to the IRS immediately. The entire payment should be returned, unless it was made payable to joint filers and only one spouse is incarcerated. In that case, only the portion of the payment for the prisoner needs to be returned (this amount will be $1,200, unless the couple's adjusted gross income exceeded $150,000).

Prisoners, Fugitives, Parolees and Others Who Don't Get a Stimulus Check

The list of people who don't get a stimulus check (or need to return one) because they somehow broke the law actually goes beyond currently incarcerated inmates. The full list includes people who are:

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• Incarcerated in jail or a prison after being convicted of a crime;
• Held in a mental health facility following a verdict or finding of guilty but insane, not guilty by reason of insanity, or incompetent to stand trial;
• Determined to be a sexually dangerous person or sexual predator and confined to a halfway house or other similar facility;
• Fleeing to avoid prosecution or prison time for a felony; and
• In violation of probation or parole.

Paper Checks That Have Not Been Cashed

If an incarcerated person, or other person listed above, receives a paper stimulus check, and they have not cashed it, they should follow these steps:

• Write "Void" in the endorsement section on the back of the check;
• Mail the voided check immediately to the appropriate IRS location listed below;
• Don't staple, bend, or paper clip the check; and
• Include a note stating the reason for returning the check.

Cashed Paper Checks and Direct Deposit Payments

If a paper check was sent and it has already been cashed, or if a direct deposit payment was received, an inmate or other person listed above should:

• Submit a personal check, money order, etc., immediately to the appropriate IRS location listed below;
• Make the check/money order payable to "U.S. Treasury";
• Write "2020EIP" and your taxpayer identification number (social security number or individual taxpayer identification number) on the check or money order; and
• Include a brief explanation of the reason for returning the payment.

Where to Send the Returned Payment

Here are the IRS mailing addresses to use for returning stimulus check payments.

Mailing Addresses for Returning Stimulus Check Payments