Recovery Guide

Tax Identity Theft: How Criminals File Returns in Your Name

The IRS identified over $5.7 billion in attempted tax refund fraud in recent years. Criminals use stolen Social Security numbers to file fake returns early in the season, claiming refunds before you file your legitimate return. Here is how to detect it, respond to it, and prevent it from happening again.

Updated: March 2026Silent Security Research Team
Silent Security Research Team
Last reviewed March 2026  ·  Our methodology  ·  Affiliate disclosure
Independent Review
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The #1 warning sign: Your legitimate e-filed tax return is rejected because a return with your SSN has already been filed. If this happens, do not panic. Follow the steps below immediately.

Warning Signs of Tax Identity Theft

What to Do If You Are a Victim

1

File IRS Form 14039 (Identity Theft Affidavit)

Submit this form to the IRS to report that someone filed using your SSN. You can file it with your paper return or as a standalone document. The IRS will assign you a case and begin investigation. Processing takes 120 to 180 days.

2

File Your Legitimate Return by Paper

Since your e-filed return was rejected, you must file a paper return. Attach Form 14039. Mail it to the IRS address listed for your state. Your refund will be delayed but you will receive it once the investigation concludes.

3

Report to the FTC and File a Police Report

File an identity theft report at IdentityTheft.gov. Then file a police report with your local department. You need both documents for credit bureau disputes and to support your IRS claim.

4

Request an Identity Protection PIN (IP PIN)

After resolving the issue, apply for an IP PIN at irs.gov/ippin. This is a unique 6-digit number that you must include on future returns. It prevents anyone else from filing with your SSN. A new PIN is issued each year.

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File early every year. The simplest prevention is filing your return as early as possible. Criminals file fake returns in January and February. If your legitimate return is already on file, their fraudulent one gets rejected instead of yours.

How to Prevent Tax Identity Theft

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The IRS will never call, email, or text you first. All legitimate IRS communication begins with a mailed letter. Any phone call, email, or text claiming to be the IRS demanding immediate payment is a scam. Hang up and report it to the Treasury Inspector General at 1-800-366-4484.