What to Do If Someone Files Taxes in Your Name

Discovering that someone has fraudulently filed a tax return using your Social Security number (SSN) is a serious issue. Tax-related identity theft occurs when a criminal uses your stolen personal information to file a fake tax return early in the season and claim a fraudulent refund.

When you attempt to file your legitimate return, the IRS rejects it because its records show a return has already been processed under your name. Immediate and precise action is essential to stop the fraud, protect your accounts, and restore your tax record. Contact Our Florida identity theft attorneys today to help with this case.

Identifying Florida Tax Identity Theft

The most common signs of tax identity theft include a rejection because a return was already filed with your SSN, or receiving unexpected IRS Notices claiming you owe back taxes or that your legitimate refund was garnished. You may also receive unexpected documents in the mail, such as a W-2 from an unknown employer, pointing to a fraudster who used your identity to file a false return.

What to Do If Someone Has Filed Taxes in Your Name

If you suspect or confirm that someone has filed taxes in your name, follow these steps immediately:

File Your Taxes via Paper With an Identity Theft Affidavit

You cannot electronically file your return once a fraudulent one is accepted. You must print your return and mail it to the IRS, along with proof of your identity, and attach a filled-out IRS Form 14039, Identity Theft Affidavit. This form formally notifies the IRS of the fraudulent activity and initiates an investigation. On this form, indicate you are a victim of tax-related identity theft and explain why you believe the return was fraudulently filed.

Notify the Appropriate Authorities

Beyond the IRS, you must document the identity theft with the police and file a report with the Federal Trade Commission (FTC). Begin by contacting your local police department to file an official police report. This report is essential documentation for both the IRS and, potentially, credit monitoring agencies.

File an FTC report with IdentityTheft.gov. The FTC will provide you with a personally-tailored recovery plan and an official FTC Identity Theft Affidavit, which is often required by creditors and other institutions.

Protect Your Financial Accounts

Because the fraudster has your SSN, they may attempt to access other accounts. Contact a major credit bureau, such as Equifax, Experian, or TransUnion, to place a fraud alert on your credit reports. The bureau you contact is legally required to notify the other two. Consider freezing your credit files to prevent new accounts from being opened in your name.

In addition, notify your financial institution and banks. If you received a fraudulent W-2, inform your employer’s payroll department that your personal information may have been compromised.

Respond to IRS Correspondence

The IRS will communicate with you primarily by mail. You may receive a notice confirming your identity theft status and informing you that you will be receiving an Identity Protection PIN (IP PIN). This code must be entered on all future tax returns to confirm your indentity.

When to Seek Legal Assistance in Florida If Someone Has Filed Taxes Under Your Name

The IRS can be slow moving and navigating tax-related identity theft is complicated. Consulting with a knowledgeable attorney who understands consumer protection and financial fraud litigation is a crucial next step. 

Contact the team of identity theft lawyers at Sharmin & Sharmin P.A. today to set up a free case consultation and learn more about your legal rights at 561-655-3925.