Posted by Daniel P Vigilante CPA and Profit Consultants

Essential Things to Know about IRS Form 14039: The Identity Theft Affidavit

Essential Things to Know about IRS Form 14039: The Identity Theft Affidavit

If you suspect that another person already filed a tax return using your Social Security Number, you need to file Form 14039 instantly. The form helps alert Uncle Sam that someone else has your identity, and it will direct your case to the identity theft specialist for investigation.


When should you file IRS Form 14039?

Uncle Sam is skilled at catching a series of identity theft situations related to fraud cases before there are any issues. This happens by flagging or rejecting suspicious returns or asking the filer to verify the identity before accepting such returns. 

At the point of trying to file using the electronic system, many taxpayers discover that another person already used their Social Security Number to file. Uncle Sam will reject such a return as it means someone already used it on a return in the same year, which might be because of an identity theft. When filing form 14039, make sure to check for typos and any other issues. 

Here are three main conditions that warrants filing Form 14039

  • You could not file your return using your social security number because someone else already filed a return accepted using your social security number. You can help someone file the form provided the person is your dependent; you are assigned the guardian, power of attorney, or conservator. 

  • You got a notice from Uncle Sam instructing you to file IRS Form 14039. You will add the notice number and also check the second box in the first section (section A)

  • Someone stole your identity even though it is not related to tax issues, making it essential to keep Uncle Sam updated on the issue that another person has your details. 


Form 14039: Completing and Submitting the Form 

This will involve explaining your case and the way you learned that someone stole your identity in the Section B. Also, you need to attach all documents that can prove your claim, like any notice you got from Uncle Sam, and submit together with the form.

Submission of the IRS Form 14039 is not allowed electronically; one needs to submit either by fax or by mail. 

  1. In responding to a notice from Uncle Sam using Form 14039, it is possible to fax the tax documents provided the notice included the IRS fax number. You should mail it to the specified address on such information in the absence of such a number. 

  2. For victims of tax identity fraud without any present tax problem, we recommend using the IRS fax number specified on the address on the second page of the IRS Form 14039

  3. If your purpose of filing IRS Form 14039 was because someone already filed a tax return using your social security number or that of your dependent's SSN, you need to attach the form to your tax return and mail it to the current address where you will usually ship the tax return. However, for people that mailed their tax return already, it is possible to send IRS Form 14039 independently.


What Happens When you Submit IRS Form 14039?

There should be an acknowledgment from Uncle Sam when they get your identity theft form as verification. After that, your case will be forwarded to the correct department in charge of identity theft (Identity Theft Victim Assistance) for further investigation. 

Part of the assignment of this department is to ensure that no other fraudulent tax returns or tax case is ongoing using your info. They will also cancel and stop all current fraudulent returns from your tax account and process your return so you can get your tax refund.

A typical fraud case is usually resolved within 4 months even though some complex cases might span as long as 180 days, and you will be notified once the issue is completed. 

There are cases that Uncle Sam will offer an (IPP) Identity Protection Pin. This is a six-digit pin that can help confirm your identity on filing your tax return. With this pin, you can prevent further identity theft in the future. 


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