Guide to IRS Form 14039: Identity Theft Affidavit
You should file Form 14039, Identity Theft Affidavit, if you were recently a victim of identity theft or you're at risk of having your identity stolen. The IRS will send you a notice if they believe you're a victim of tax fraud, and responding to that notice in a timely manner is crucial. Here's what you need to do if you're a victim or at risk of identity theft.
The One Big Beautiful Bill that passed includes permanently extending tax cuts from the Tax Cuts and Jobs Act, including increasing the cap on the amount of state and local or sales tax and property tax (SALT) that you can deduct, makes cuts to energy credits passed under the Inflation Reduction Act, makes changes to taxes on tips and overtime for certain workers, reforms Medicaid, increases the Debt ceiling, and reforms Pell Grants and student loans. Updates to this article are in process. Check our One Big Beautiful Bill article for more information.
Key Takeaways
- If you receive an unexpected written notice from the IRS, it may be due to identity theft. For example, a fraudulent return may have been filed using your Social Security number.
- Should you receive a notice from the IRS, immediately call the number provided in the notice to verify if the situation described is correct or if it’s the result of identity theft.
- If the notice is the result of identity theft, complete Form 14039, Identity Theft Affidavit, available on the IRS website.
- If you experience unauthorized access to your other personal accounts, such as a bank account, submit Form 14039 to the IRS right away.
Identity theft is a real problem
Tax-related identity theft is a big problem. If your identity is stolen and used to file fraudulent tax returns, there can be both emotional and financial costs. But there are steps you can take if you're the victim of identity theft or find yourself at risk of having your identity stolen. For instance, you can alert the IRS about your situation with Form 14039, Identity Theft Affidavit.
Warning signs
A written notice from the IRS may be your first indication of a problem. Identity thieves file fraudulent returns early; when you file after the IRS gets a return that carries your SSN, the IRS alerts you in writing. The agency also contacts suspected identity theft victims when their SSN matches that of a "taxpayer" who owes money or gets a refund that covers taxes due when it has no return on file.
Other red flags that result in a notice include questionable income from an unreported employer or a collection notice related to a return you never filed.
Post-notice steps
When the IRS notice arrives, you must do two things:
- Call the IRS phone number provided on the notice.
- Complete Form 14039, Affidavit of Identity Theft.
You can file Form 14039 online, or print out a copy and mail it to the IRS. If you're filing a paper form, mail it to the address shown on page two that best matches your situation, or fax it to the number found on page two. Then call the IRS at 800-908-4490 for specialized assistance.
TurboTax Tip:
Be cautious of email scams, especially during tax season. Remember, the IRS only communicates via email with prior notice in limited situations, so any unexpected electronic correspondence claiming to be from the IRS should be forwarded to phishing@irs.gov.
Take precautions
Certainly submit Form 14039 if you know that you, or someone close to you, is the victim of identity theft. But the IRS also wants you to submit the form if you simply suspect that someone has unauthorized access to your personal information. For instance, you can use the form when unfamiliar entries on a credit report, unusual credit card charges, a lost purse, or a stolen wallet suggest identity theft.
Identity theft prevention
Identity thieves work year-round, but tax time provides especially lucrative opportunities for them. Never click on links in emails offering free tax preparation or asking for information to resolve a question about your return or refund. You could end up with a virus on your hard drive that gives ID thieves access to sensitive information they can use to steal from you and the government. Forward these email scams to the IRS at phishing@irs.gov.
Correspondence from the IRS never comes electronically unless they have previously arranged with you to communicate via email. Otherwise, the agency always communicates via letters sent through the U.S. Postal Service.
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