IRS Form 14039: How to Report Tax Identity Theft
If someone filed a tax return with your Social Security number, Form 14039 is how you tell the IRS. But many people do not need it, so check first.
Form 14039 is the IRS Identity Theft Affidavit. File it if you learn you are a victim of tax-related identity theft and the IRS has not already contacted you about it. Do not file it if you received an IRS letter asking you to verify your identity, such as Letter 5071C: follow that letter instead. You can file through IdentityTheft.gov or send it to the IRS. Cases can take a long time, and confirmed victims get an IP PIN each year.
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Tax identity theft usually shows up when your e-filed return is rejected because someone already filed using your Social Security number. It can also appear as a W-2 from an employer you never worked for, or unemployment benefits you never claimed.
Signs of tax identity theft
The IRS identity theft guide lists warning signs such as:
- Your tax return is rejected, including because a dependent was already claimed.
- You receive a Form W-2 or 1099 from an employer you never worked for.
- You receive a Form 1099-G for unemployment benefits you did not apply for.
- An employer identification number is issued in your name that you did not request.
- You receive an IRS letter about a suspicious return.
When to file Form 14039
The IRS says most people do not need it. File it if:
- The IRS has told you to file it.
- You cannot use the IRS identity verification service.
- You want to report possible tax-related identity theft the IRS does not already know about.
When not to file it
If you received an IRS letter about a suspicious return, such as Letter 5071C, 4883C or 5747C, follow the letter’s instructions. The IRS victim assistance page says not to file Form 14039 in that case.
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How to file
1Online through IdentityTheft.gov
The IRS says you can file Form 14039 through IdentityTheft.gov, which also gives you a recovery plan.
2Or with a paper return
If you cannot e-file, attach Form 14039 to your completed paper return and mail it to the IRS address for your state, or mail it separately.
3Keep paying and filing as normal
The IRS says to file returns and pay tax as usual while your case is reviewed.
4Keep records
Save copies of letters, forms and notes of calls.
What happens next
Your case goes to the IRS Identity Theft Victim Assistance team. The IRS works out which tax years are affected, processes your real return, releases any refund owed, removes the fraudulent return and adds an identity theft marker to your account. You receive a letter when it is resolved.
Protect future returns
Confirmed victims are enrolled in the Identity Protection PIN program and get a new six-digit IP PIN each year. Anyone can sign up for one. See how to get an IRS IP PIN. Because tax fraud often follows a leaked SSN, also read what to do if your SSN was leaked and place a credit freeze.
Other agencies to tell
Tax identity theft often goes with other misuse of your SSN. Report it at IdentityTheft.gov for a personal recovery plan, consider a credit freeze at all three bureaus, and check your Social Security earnings record for jobs you never had.
State tax returns
A fraudster who files a federal return in your name may also file a state return. Check with your state tax agency about its own identity theft process.
Useful IRS numbers
The IRS guide lists 800-908-4490 for verifying your identity and return, and 800-829-1040 for tax account questions and checking that a notice is genuine.
Sources
- IRS: Identity theft guide for individuals (warning signs, when to file 14039, IdentityTheft.gov, phone numbers)
- IRS: How IRS ID theft victim assistance works (when not to file, case process, 120-day goal, 580-day average, IP PIN)
Frequently asked questions
What is IRS Form 14039?
The Identity Theft Affidavit, used to tell the IRS you may be a victim of tax-related identity theft.
Do I need Form 14039 if I got Letter 5071C?
No. Follow the letter’s instructions. The IRS says not to file Form 14039 in that case.
Can I file Form 14039 online?
The IRS says you can file it through IdentityTheft.gov or send it to the IRS.
How long does an identity theft case take?
The IRS aims for 120 days, but its page reports an average of 580 days because of backlogs.
Will I get an IP PIN?
Yes. Confirmed victims are enrolled and receive a new IP PIN each year.
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