I'm a Victim of Tax-Related Identity Theft. What Do I Do?
By: Mac McSwain, CPA
What do you do if you can't e-file your tax return because a return has already been filed using your Social Security number?
If you've tried to e-file and received a rejection saying there's a duplicate filing under your SSN, you might be a victim of tax-related identity theft. Discovering this can bring on a lot of emotions — fear, frustration, even anger — and it's even more frustrating if you were expecting a refund.
There's no quick fix, but it is a solvable problem. Here's what to do.
Signs You're a Victim
The clearest sign is exactly the scenario above: your e-filed return gets rejected because the IRS already has a return on file under your SSN. If that's happened to you, the steps below apply.
What to Do Right Now
File your tax return by paper. Since you can't e-file, print and mail your return.
Complete Form 14039, Identity Theft Affidavit. You can submit it online through the IRS's identity theft affidavit portal, by fax, or by mail — attached to the back of your paper return, or mailed separately. Submit it only once and through only one channel; sending duplicates slows things down.
You can find the form and current filing instructions at the IRS's Identity Theft Affidavit page.
What Happens Next
Once the IRS receives your return and Form 14039, they'll mail you a letter confirming receipt. Your case is then assigned to their Identity Theft Victim Assistance team, who will research the fraudulent filing, work to release any refund you're owed, and mark your account to help prevent future misuse.
Resolution times vary and have shifted over the past few years, so rather than quote a fixed number here, check the IRS's Processing status for tax forms page for the current wait time on Form 14039. Once your case is resolved, you'll receive a letter from the IRS, and you may be issued an Identity Protection PIN — a six-digit code you'll need to e-file future returns.
Protect Yourself Going Forward
You don't have to wait until something goes wrong. Any taxpayer can proactively request an IP PIN through the IRS's Get an Identity Protection PIN tool, adding an extra layer of protection before a thief ever gets the chance to file in your name.
This kind of issue is exactly why we believe tax should never be a once-a-year conversation. If you're looking for an advisor who stays ahead of things year-round, we'd love to talk.