Other ID Theft

Tax Identity Theft 

Tax identity theft takes two main forms: refund fraud (someone files a return in your name to steal your refund) and employment fraud (someone works under your SSN and the IRS thinks you owe tax on income you never earned).

A U.S. Form 1040 individual income tax return
A refund filed first

Tax identity theft

Signs of tax identity theft

  • •Your e-filed return is rejected because a return with your SSN has already been filed.
  • •IRS notice CP01A, CP01E, CP01F, CP2000, 5071C, or Letter 4883C asking you to verify your identity.
  • •IRS notice of a balance due, refund offset, or collection action for a year you didn't file or income you didn't earn.
  • •Your Social Security Earnings Statement shows employers you never worked for.
  • •State tax authority sends notice of a return filed in your name that you didn't file.

Immediate steps

  1. 1.File IRS Form 14039 (Identity Theft Affidavit). You can submit it online through IdentityTheft.gov, which routes it to the IRS, or mail it directly.
  2. 2.Respond to any IRS notice by the deadline on the letter. If the letter says to call, call. If it asks you to verify identity online, do so.
  3. 3.File your legitimate return on paper and attach Form 14039. Use certified mail.
  4. 4.Get an IRS Identity Protection PIN at irs.gov/ippin. Once you have an IP PIN, no return can be filed with your SSN without it.
  5. 5.Pull your Social Security Earnings Statement at ssa.gov/myaccount to see if someone is working under your SSN.
  6. 6.File a police report - the IRS may ask for it.

State tax identity theft

Most states have their own identity-theft affidavit process. If a fraudulent state return was filed, contact your state's Department of Revenue or Taxation directly. Many states also offer state-level identity-protection PINs.

The IRS resolution timeline

Tax identity theft cases can take 6 to 18 months to resolve. The IRS's Identity Theft Victim Assistance (IDTVA) unit handles these cases. You'll receive a case number and, ideally, a single point of contact. Keep copies of everything you send and log every call.

Credit-report connection

Tax identity theft by itself doesn't appear on a credit report - but if the IRS issues a tax lien or the state sends you to collections, that will show up. If a collection account or public record appears for tax debt you don't owe, dispute it with the credit bureaus and cite the underlying identity theft.

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A consumer-help project developed with FCRA plaintiff attorneys at Consumer Litigation Associates, P.C. - a plaintiff-side FCRA law firm representing consumers nationwide. Dispute letters prepared with attorneys who have litigated thousands of federal FCRA cases against the big three bureaus and obtained FCRA payments for hundreds of thousands of consumers. Licensed in VA, NC, FL, TX, CA, NY; co-counsel in 40+ states.

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