IRS Identity Theft: What to Do When Someone Files a Tax Return in Your Name
Tax identity theft occurs when someone uses your Social Security number to file a fraudulent tax return, typically to steal your refund. It can also mean someone used your SSN for employment purposes, creating income on your IRS records that you did not earn.
How Tax Identity Theft Happens
Tax identity thieves obtain Social Security numbers through data breaches, phishing scams, stolen mail, or purchased data. They file a fraudulent return early in the tax season (before you do) to claim your refund. When you file your legitimate return, the IRS rejects it as a duplicate. The IRS Identity Protection Specialized Unit (IPSU) handles these cases.
What to Do If Your Return Was Rejected
If your e-filed return is rejected because a return was already filed with your SSN: file a paper return with Form 14039 (Identity Theft Affidavit); attach a copy of your government-issued ID; include a police report if available; and submit your legitimate return with the affidavit. The IRS will investigate and process your return, though it takes significantly longer — up to 18 months in complex cases.
Getting an IRS Identity Protection PIN
After a confirmed identity theft, the IRS issues an Identity Protection PIN (IP PIN) — a 6-digit number required to file your future tax returns. Even if you have not been a victim, you can proactively request an IP PIN through the IRS website. An IP PIN prevents anyone else from filing a return with your SSN.
Employment Identity Theft
A more complex form of tax identity theft occurs when someone uses your SSN for employment. Their employer reports wages to the IRS in your name, creating income records the IRS sees on your account. You may receive a CP2000 notice or an IRS notice that your income does not match your return. Resolving employment identity theft requires working directly with the IRS's identity theft unit.
Protecting Yourself Going Forward
After resolving a tax identity theft incident: get an IP PIN and use it every year; monitor your credit reports; request your IRS Account Transcript annually to verify no unauthorized returns; and be cautious with who has access to your Social Security number.
Frequently Asked Questions
How long does it take to resolve an IRS identity theft case?
The IRS's Identity Theft Victim Assistance program typically resolves cases in 18–24 months. You will receive your legitimate refund once your account is corrected.
Will I still get my refund after identity theft?
Yes, though it takes much longer. The IRS issues your legitimate refund after resolving the identity theft case.
What is Form 14039?
Form 14039 is the IRS Identity Theft Affidavit. It formally reports the theft and initiates the IRS investigation into your account.
Can I check if someone filed a return with my SSN?
You can request a Tax Return Transcript at IRS.gov. If a return was filed that you did not authorize, it will appear there.
Does IRS identity theft affect my state taxes?
It can. State tax agencies can also be targets. File Form FTB 3552 with California's Franchise Tax Board if you suspect state-level identity theft.
What is an IP PIN and how do I get one?
An IP PIN is a 6-digit code the IRS assigns to protect your account. You can obtain one annually through the IRS Identity Protection PIN program at IRS.gov/ippin.
IRS Identity Theft: What to Do When Someone Files a Tax Return in Your Name Services in Los Angeles
Calculus Tax, Inc. provides irs identity theft: what to do when someone files a tax return in your name services to individuals and businesses throughout Los Angeles County. Our licensed CPAs are based in Burbank and serve clients in Los Angeles and surrounding communities.
Our Burbank office serves clients throughout Los Angeles County including Los Angeles, Long Beach, Santa Monica, Glendale, Burbank, and more.
Ready to Resolve Your Tax Problem?
Calculus Tax, Inc. has helped hundreds of Los Angeles individuals and businesses resolve IRS debt, audits, and collection actions. Our licensed CPAs fight for the best possible outcome.