Identity Theft

Individual identity (ID) theft is “a fraud that is committed or attempted, using a person’s identifying information without authority.” Individual ID theft may involve stealing someone’s Social Security number (SSN) or Individual Taxpayer Identification Number (ITIN), name, bank account, or credit card numbers, and using that information without permission. Some ID theft starts with something as simple as someone stealing a wallet or accessing your mail.

Business ID theft is defined as creating, using, or attempting to use a business’s identifying information to obtain a tax benefit without authority.

For information on business ID theft, see Identity Theft Information for Businesses.

Phishing is a scam typically carried out through unsolicited email and/or websites that pose as legitimate sites intended to lure unsuspecting victims to provide personal and financial information.

For information about phishing scams, see Report Phishing and Online Scams.

What do I need to know?

Tax-related ID theft can affect you in two main ways

• Someone uses your (stolen) identification information to file a fraudulent tax return to obtain a refund.
• Someone uses your (stolen) information to obtain employment, which can make it seem like you had more income than you earned.

How will you know if you are a victim of tax-related ID theft?

You may find out you’re a victim of tax-related ID theft when you try to file your tax return or start getting IRS notices about your tax account.

The most common indicators are:

• You try to file your tax return electronically, but the IRS rejects your return because it has already received another return using your SSN or ITIN;
• You receive an IRS notice showing you received wages from somewhere you never worked;
• You receive an IRS letter indicating one or more tax returns have been filed using your SSN or ITIN that you did not file;
• You received a tax transcript in the mail that you did not request;
• You receive an IRS notice saying an online account has been created in your name or that your existing online account has been accessed or disabled when you took no action;
• You receive a balance due notice, refund offset notice, or have collection actions taken against you for a tax year when you didn’t file a return or receive a refund; or
• You receive a notice from the Social Security Administration (SSA) stating benefits will be reduced or stopped based on IRS records indicating you received wages or other income from an employer for whom you did not work.

Actions

What should I do?

There are several steps you may need to take. The right ones for you are based on what’s happening with your tax account.

You tried to file electronically, but the IRS said someone already filed using the SSN or ITIN of you or your dependent(s).

If you can’t file your tax return electronically because someone has already used the SSN or ITIN of you or your dependent(s) to file a tax return, you must file a paper tax return, within 10 calendar days (not 10 business days) from the date it was rejected along with an affidavit or police report (see below) explaining that you are a victim of ID theft. You will need to:

• Print and sign a paper copy of your tax return. The paper tax return should include the following:
  • An explanation of why the paper return is being filed after the due date, if applicable;
  • A copy of the e-file reject notification; and
  • Write “REJECTED ELECTRONIC RETURN – (MM-DD-YYYY)” in red at the top of the first page.
  • Fill out a Form 14039, Identity Theft Affidavit; and
  • Submit your signed tax return and signed Form 14039 to the IRS at the appropriate address for your state.

  Note: If you’ve filed a police report, you can submit that to the IRS instead of Form 14039.

  If you electronically file your tax return and get a message telling you that a dependent on your return has been claimed on another tax return or their own, you’ll need to find out why someone else claimed your dependent. You can learn more on this topic by visiting IRS.gov and searching: What to Do When Someone Fraudulently Claims Your Dependent.

  You received an IRS letter saying you didn’t report all your income on your tax return

  If you get a letter that says you didn’t report all your income and you don’t recognize the names of the companies where the income was earned, it’s possible someone used your SSN for employment purposes. You should:

  • Respond to the letter as soon as possible, following the instructions in the letter;
  • Fill out a Form 14039, Identity Theft Affidavit; and
  • Submit your response and documents to the address indicated on the IRS letter.

  Note: If you’ve filed a police report, you can submit that to the IRS instead of Form 14039.

  You received an IRS letter saying they received a tax return with your name and SSN or ITIN

  If you get an IRS letter that requests you to verify your ID, it’s possible someone used your SSN or ITIN to file a tax return. The IRS Taxpayer Protection Program identifies potential ID theft returns as a precautionary measure to protect you. If you receive a Letter 4883C, 5071C, 5747C, 6330C or 6331C respond as soon as possible, following the instructions in the letter. Not all letters have the same options for verifying your identity.

  If you didn’t file the tax return or don’t have a filing requirement:

  Someone may have attempted to use your personal information to obtain a tax refund. Call the IRS immediately. If you are inside the U.S., contact the toll-free Identity Verification line at 800-830-5084. If you are outside the U.S., call the phone number listed in the letter for international callers, which is not toll-free.

  You don’t need to visit an IRS Taxpayer Assistance Center (TAC) if you didn’t file the tax return but you must contact the IRS to confirm that you may be a victim of tax-related ID theft. Please review “Other actions you can take to protect yourself if your identity may have been stolen” below.

  If you filed a tax return:

  Be prepared to verify your identity and tax return. Contact the IRS immediately following the instructions in your letter.

  If your letter includes an option to verify online using the IRS’ online Identity and Tax Return Verification Service website, this is the fastest option. After verifying your identity, you must also answer IRS questions about your tax return. If you don’t see these questions after you verify your identity, return to the website contained in the letter.

  If your letter includes an option to verify your identity and tax return by phone, contact the toll-free Identity Verification line at 800-830-5084, if you are inside the U.S. If you are outside the U.S., call the phone number for international callers listed in the Letter 5447C, which is not toll-free.

  If you can use either the online or phone option, have the following information accessible:

  • The IRS letter, and
  • A copy of your current and prior year returns, including all schedules (if applicable).

  NOTE: If the IRS can’t verify your identity using either of these options, they may ask you to schedule an appointment at an IRS TAC to verify in person.

  If your letter requires you to go into an IRS TAC, you will need an appointment. Call the appointment line at 844-545-5640 within 30 days of the date of the letter to schedule an appointment for in-person authentication. Bring the information and identity documents listed on your letter to your appointment.

  If you received a Letter 5447C, you have the option of mailing in the documentation to the address in the letter.

  An authorized third party can represent you, but the IRS must have a completed Form 2848, Power of Attorney and Declaration of Representative on file for the representative. Otherwise, you must also be present on the telephone or at the appointment. If you’re acting as a fiduciary for an individual, a descendant’s estate, or a trust, complete and send Notice 56, No tice Concerning Fiduciary Relationship .

  Once the IRS verifies your identity and confirms you submitted the tax return, they’ll continue processing your return. It may take up to nine weeks to receive your refund. You can visit Where’s My Refund? on irs.gov or on the IRS2Go mobile app after two – three weeks of verifying your identity, to check your refund status.

  You received a tax transcript in the mail that you did not request

  Determine if your spouse or someone who is authorized (tax professional, power of attorney, or financial institution, etc.) could have requested the transcript. Someone may have had enough of your tax information to request a transcript through the IRS system, but did not receive the transcript, instead it was mailed to you. To protect your accounts if you have no tax-related ID theft, you can file Form 14039 and check box 2 in Section B. Please review “For Future Returns” below for information about opting in for an Identity Protection Personal Identification Number (IP PIN).

  You received a balance due notice, refund offset notice, or have collection actions taken against you for a tax year when you didn’t file a return

  You should submit either a Form 14039, Identity Theft Affidavit, or a police report alleging the identity theft, and include a copy of the IRS letter or notice if the IRS sends you a balance due notice, a refund offset notice, or a notice advising you of collection actions they have taken against you for a tax year that you didn’t file a return. Include any additional supporting documentation that the notice/letter may request.

  You receive a notice from the SSA stating benefits will be reduced or stopped based on IRS records indicating you received wages or other income from an employer for whom you did not work

  If someone is using your SSN to work or file a fraudulent tax return in your name, it can affect any Social Security benefits you receive now or in the future. You may get a notice from the SSA that your benefits have been reduced or stopped because a federal tax return was filed showing you earned wages or self-employment income.

  If this happens to you, contact the SSA to find out how to correct your Social Security account. You should also file Form 14039, Identity Theft Affidavit, with the IRS. If you’re not required to file a federal tax return, and someone has filed using your identifying information, the IRS will need to correct your account. Filing the affidavit will also notify the IRS to add additional security measures to your account.

  Your information has been stolen, and you want to protect your tax account

  If you know your information has been compromised due to a data breach or phishing scam or for some other reason, you should alert the IRS. This allows the IRS to take steps to secure your account.

  • Fill out and submit Form 14039, Identity Theft Affidavit.
  • The Federal Trade Commission (FTC) has a fillable Form 14039 on www.identitytheft.gov.

  The IRS has a specialized unit dealing with ID theft – you can also contact them.

  Identity Protection Specialized Unit
  Toll-free phone number: 800 908-4490
  Hours: Monday through Friday 7:00 a.m. to 7:00 p.m. local time (Alaska and Hawaii use Pacific Time)

  Other actions you can take to protect yourself if your identity may have been stolen

  • Contact the Social Security Administration (SSA) to verify and correct any wage discrepancies on your SSA account;
  • Contact your financial institution;
  • File a report with your local police department;
  • Check your credit report every 12 months by:
    • visiting annualcreditreport.com, or
    • Calling 877-322-8228

    Please review “For Future Returns” below for information about opting in for an IP PIN.

    Your refund is delayed due to ID theft and it’s causing a financial hardship

    If you’re facing a financial hardship, you should contact the Taxpayer Advocate Service. Examples of financial hardship are an upcoming eviction, your utilities are about to be shut off, or you’re unable to pay for medical care.

    Note: If you’ve filed a police report, you can submit that to the IRS instead of Form 14039.