Identity Theft

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 your SSN or ITIN

If you can’t file your tax return electronically because someone has already used your SSN or ITIN 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 identity theft. You will need to:

• Fill out an Form 14039, Identity Theft Affidavit;
• 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
  • Write “REJECTED ELECTRONIC RETURN – (MM-DD-YYYY)” in red at the top of the first page.

• Fill out an 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.

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 IRS 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 an  Letter 4883C, Letter 5071C or Letter 5747C, respond to the letter 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 ID. Contact the IRS immediately following the instructions in your letter.

• If your letter includes an option to verify online using the IRS’ online Identity Verification Service website, this is the fastest option. The website is in the letter.
• If your letter includes an option to verify your ID 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 5071C, 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 ID using either of these options, they may ask you to schedule an appointment at an IRS TAC to verify in person. See option 3 below for how to schedule an appointment.

• 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 an Letter 5447C, you have the option of mailing in the documentation to the address in the letter.

Once the IRS verifies your identity and confirms you submitted the tax return, they’ll continue processing your return. It may take up to three weeks to receive your refund.

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 IRS 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.

You received IRS Notice 1444 or used one of the IRS tools to provide your information for the Economic Impact Payment (EIP), but no payment was received even after IRS confirmed payment issuance

If you are claiming ID theft of your Economic Impact Payment (EIP), file Form 14039 with EIP notated on the top of the form. The IRS will complete EIP refund trace process.

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

If you know your information has been compromised due to a lost or stolen wallet 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 IRS Form 14039, Identity Theft Affidavit.
• The FTC has a fillable form 14039 on www.indentitytheft.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
• Place a fraud alert on your credit reports;
• File a complaint with the Federal Trade Commission;
• Contact your state Attorney General’s office; and
• Contact your state tax agency to see if there are additional steps you should take at the state level.

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.

For this tax return

If someone else filed a tax return using your SSN:

• You can’t file electronically and will need to submit a paper return. See “You tried to file electronically, but the IRS said someone already filed using your SSN or ITIN” above.
• An IRS employee will review both tax returns to determine which is from you and which is from the ID thief.
• The IRS will then adjust your account to reflect only the correct information.
• The IRS review can take 180 days or more, so if you’re expecting a refund, it will be delayed.

For future tax returns

When the IRS determines you’re the rightful owner of the SSN and has processed your return, it may assign you an IRS Identity Protection PIN (IP PIN), a six-digit number you must use on your future federal tax returns. This is an extra layer of security; without a valid IP PIN, no tax return will be processed to your account.

Opt-in IP PIN

In 2014, the IRS began offering taxpayers who were not ID theft victims the ability to opt into the IP PIN program.  IP PIN eligibility for taxpayers who want to opt into the program is expanding in phases. At the start of the 2020 filing season, you may opt into the program if you filed a federal return last year from Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Georgia, Florida, Illinois, Maryland, Michigan, Nevada, New Jersey, New Mexico, New York, North Carolina, Pennsylvania, Rhode Island, Texas, and Washington. Additional locations will be eligible later in 2020.

If you are interested in requesting an IP PIN, please read Publication 5367, Identity Protection PIN Opt-In Program for Taxpayers – to understand the required steps. Go to www.irs.gov/ippin to access the Get an IP PIN tool.

Browse common tax issues and situations at Get Help.

If your IRS problem is causing you financial hardship, you’ve tried repeatedly and aren’t receiving a response from the IRS, or you feel your taxpayer rights aren’t being respected, consider contacting the Taxpayer Advocate Service (TAS).

You may be eligible for representation from an attorney, certified public accountant (CPA), or enrolled agent (EA) associated with a Low Income Taxpayer Clinic (LITC). LITCs also provide information about taxpayer rights and responsibilities in different languages for individuals who speak English as a second language.