Outline
In today's digital age, identity theft has become a significant concern, particularly when it relates to tax information and financial transactions. Victims of identity theft or those who suspect that their personal information has been compromised often find themselves navigating through a maze of steps to safeguard their financial integrity. One critical tool in this protective arsenal is the IRS 14039 form, an Identity Theft Affidavit. This form serves a dual purpose: it alerts the IRS that someone's identity may have been used fraudulently to file taxes, and it initiates a process to secure the taxpayer's account against further unauthorized activities. Completing and submitting this form is a key step in the journey to reclaiming one's financial identity and ensuring that future tax returns are correctly processed without the overhanging shadow of fraud. The process encapsulates not just the immediate response to suspected or confirmed identity theft but also engages mechanisms within the IRS to monitor and protect the affected individuals' tax records going forward. Understanding the nuances of the IRS 14039 form, from when and how to file it, to its role in a broader strategy for identity protection, presents an essential layer of knowledge for any taxpayer facing the challenges posed by identity theft.
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Form 14039 |
Department of the Treasury - Internal Revenue Service |
OMB Number |
(September 2021) |
Identity Theft Affidavit |
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This affidavit is for victims of identity theft. Do not use this form if you have already filed a Form 14039.
The IRS process for assisting victims selecting Section B, Box 1 below is explained at irs.gov/victimassistance.
Get an IP PIN: We encourage everyone to
Section A - Check the following boxes in this section that apply to the specific situation you are reporting (required for all filers)
1. I am submitting this Form 14039 for myself
2. This Form 14039 is submitted in response to a ‘Notice’ or ‘Letter’ received from the IRS
•Provide ‘Notice’ or ‘Letter’ number(s) on the line to the right
•Check box 1 in Section B and see special mailing and faxing instructions on reverse side of this form.
3. I am submitting this Form 14039 on behalf of my ‘dependent child or dependent relative’
• Complete Section E on reverse side of this form.
4. I am submitting this Form 14039 on behalf of another person (other than my dependent child or dependent relative)
•Complete Section E on reverse side of this form. Section B – Reason For Filing This Form (required)
Check only ONE of the following boxes that apply to the person listed in Section C below. If the taxpayer in ‘Section C’ has previously submitted a Form 14039 to the IRS on the same affected tax year(s), there’s no need to submit another Form 14039.
1. Someone used my information to file taxes, including being incorrectly claimed as a dependent
2. I don’t know if someone used my information to file taxes, but I’m a victim of identity theft
Provide an explanation of the identity theft issue, how it is related to your tax account, how you became aware of it and provide relevant dates. If needed, attach additional information and/or pages to this form.
Section C – Name and Contact Information of Identity Theft Victim (required) |
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Victim’s last name |
First name |
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Middle |
Taxpayer Identification Number |
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initial |
(provide |
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Current mailing address (apartment or suite number and street, or P.O. |
Current city |
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State |
ZIP code |
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Box) If deceased, provide last known address |
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Tax Year(s) you experienced identity theft (if not known, enter ‘Unknown’ in one box below) |
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What is the last year you filed a |
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return |
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Address used on last filed tax return (if different than ‘Current’) |
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City (on last tax return filed) |
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State |
ZIP code |
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Names used on last filed tax return |
Telephone number with |
area code (optional) If deceased, indicate |
Best time(s) to call |
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(if different than ‘Current’) |
‘Deceased’ |
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Home phone number |
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Cell phone number |
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Language in which you would like to be contacted |
English |
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Spanish |
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Section D – Penalty of Perjury Statement and Signature (required) |
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Under penalty of perjury, I declare that, to the best of my knowledge and belief, the information entered on this Form 14039 is true, correct, complete, and made in good faith.
Signature of taxpayer, or representative, conservator, parent or guardian
Date signed
Submit this completed form to either the mailing address or the FAX number provided on the reverse side of this form.
Catalog Number 52525A |
www.irs.gov |
Form 14039 (Rev. |
Section E – Representative, Conservator, Parent or Guardian Information (required if completing Form 14039 on someone else’s behalf)
Check only ONE of the following five boxes next to the reason you are submitting this form
1. The taxpayer is deceased and I am the surviving spouse
• No attachments are required, including death certificate.
2. The taxpayer is deceased and I am the
• Attach a copy of the court certificate showing your appointment.
3. The taxpayer is deceased and a
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Attach copy of death certificate or formal notification from a government office informing next of kin of the decedent’s death. |
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Indicate your relationship to decedent: |
Child |
Parent/Legal Guardian |
Other |
4. The taxpayer is unable to complete this form and I am the appointed conservator or have Power of Attorney/Declaration of Representative authorization per IRS Form 2848
•Attach a copy of documentation showing your appointment as conservator or POA authorization.
•If you have an IRS issued Centralized Authorization File (CAF) number, enter the
5. The person is my dependent child or my dependent relative
By checking this box and signing below you are indicating that you are an authorized representative, as parent, guardian or legal guardian, to file a legal document on the dependent’s behalf.
• Indicate your relationship to person: |
Parent/Legal Guardian |
Fiduciary Relationship per IRS Form 56 |
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Power of Attorney |
Other |
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Representative's name |
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Last name |
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First name |
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Middle initial |
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Representative’s current mailing address (city, town or post |
office, state, and ZIP code) |
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Representative’s telephone number |
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Instructions for Submitting this Form
Submit this completed and signed form to the IRS via Mail or FAX to specialized IRS processing areas dedicated to assist you. In Section C of this form, be sure to include the Social Security Number in the ‘Taxpayer Identification Number’ field.
Help us avoid delays:
•Choose one method of submitting this form either by Mail or by FAX, not both.
•Provide clear and readable photocopies of any additional information you may choose to provide.
•Note that ‘tax returns’ may not be submitted to either the mailing address or FAX number.
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Submitting by Mail |
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Submitting by FAX |
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If you checked Box 1 in Section B in response to a notice or |
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If you checked Box 1 in Section B of Form 14039 and are |
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letter received from the IRS, return this form and if possible, a |
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submitting this form in response to a notice or letter received |
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copy of the notice or letter to the address contained in the |
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from the IRS. If it provides a FAX number, you should send |
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notice or letter. |
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there. |
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If you checked Box 1 in Section B of Form 14039, are unable |
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If no FAX number is shown on the notice or letter, follow the |
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to file your tax return electronically because the primary and/ |
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mailing instructions on the notice or letter. |
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or secondary SSN was misused, attach this Form 14039 to the |
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Include a cover sheet marked ‘Confidential’. |
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back of your paper tax return and submit to the IRS location |
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If you checked Box 2 in Section B of Form 14039 (no current |
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where you normally file your tax return. |
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If you’ve already filed your paper return, submit this Form |
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14039 to the IRS location where you normally file. Refer to the |
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‘Where Do You File’ section of your return instructions or visit IRS. |
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gov and input the search term ‘Where to File’. |
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•If you checked Box 2 in Section B of Form 14039 (no current
Department of the Treasury
Internal Revenue Service
Fresno, CA
Privacy Act and Paperwork Reduction Notice
Our legal authority to request the information is 26 U.S.C. 6001. The primary purpose of the form is to provide a method of reporting identity theft issues to the IRS so that the IRS may document situations where individuals are or may be victims of identity theft. Additional purposes include the use in the determination of proper tax liability and to relieve taxpayer burden. The information may be disclosed only as provided by 26 U.S.C. 6103. Providing the information on this form is voluntary. However, if you do not provide the information it may be more difficult to assist you in resolving your identity theft issue. If you are a potential victim of identity theft and do not provide the required substantiation information, we may not be able to place a marker on your account to assist with future protection. If you are a victim of identity theft and do not provide the required information, it may be difficult for IRS to determine your correct tax liability. If you intentionally provide false information, you may be subject to criminal penalties. You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by section 6103. Public reporting burden for this collection of information is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have comments concerning the accuracy of these time estimates or suggestions for making this form simpler, we would be happy to hear from you. You can write to the Internal Revenue Service, Tax Products Coordinating Committee, SE:W:CAR:MP:T:T:SP, 1111 Constitution Ave. NW,
Catalog Number 52525A |
www.irs.gov |
Form 14039 (Rev. |
Document Attributes
| Fact Name | Description |
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| Purpose of Form 14039 | This form is used to alert the IRS of potential identity theft affecting tax records. |
| When to File | It should be filed if someone suspects or has confirmed that their identity has been used fraudulently for tax purposes. |
| Method of Submission | The form can be submitted online or by mailing it to the IRS, depending on the specific circumstances. |
| Processing Time | The IRS processing time for Form 14039 can vary, but it typically takes 120 days to resolve identity theft cases. |
| Governing Law | Federal laws governing identity theft and tax administration apply to the submission and processing of Form 14039. |
How to Fill Out IRS 14039
When an individual suspects that they have been a victim of identity theft and it affects their income tax records, filling out the IRS Form 14039 becomes necessary. This form acts as an affidavit to alert the IRS, allowing them to take necessary precautions to protect the individual's tax records. It's crucial for ensuring the integrity of your future tax filings and safeguarding your financial information. Let's guide you through each step needed to complete this form correctly.
- Start by downloading a fresh copy of the IRS Form 14039 directly from the Internal Revenue Service website to get the most recent version.
- Identify the reason you're submitting the form by checking the appropriate box in Section A. Choose between identity theft affecting your tax records or a potential data breach.
- In Section B, fill in your personal information. This includes your full name, Social Security Number (SSN), date of birth, and current mailing address. If you filed a joint return, also provide your spouse’s name and SSN.
- Include the tax year(s) affected by the identity theft in Section C. If unsure, report the year you first noticed something amiss with your tax records.
- Describe the situation that led you to believe your identity was stolen as it pertains to your federal tax records in the narrative section. Be concise but provide enough detail to illustrate the issue.
- Provide your contact number and the best time to reach you, should the IRS need to follow up with additional questions.
- Sign and date the form. If you’re filing jointly, make sure your spouse also signs. An unsigned form could delay the process.
- Look up the latest instructions on the IRS website for where to mail or fax your completed form, as this information can change.
After submitting Form 14039, patience is key. The IRS may take some time to process your affidavit and respond. You should keep a copy of the form for your records, along with any correspondence you receive from the IRS. Continuous monitoring of your tax records and promptly reporting any further discrepancies is crucial. Remember, preventing identity theft is a joint effort between you and the IRS, and completing Form 14039 is a critical step in that collaboration.
More About IRS 14039
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What is an IRS 14039 form?
The IRS 14039 form, officially known as the Identity Theft Affidavit, is a document used by taxpayers to alert the Internal Revenue Service (IRS) if they suspect they are victims of identity theft. Filing this form helps protect the taxpayer's account and prevents fraudulent tax filings in their name. It allows the IRS to flag the taxpayer's account to monitor for any suspicious activities and take the necessary steps to verify their identity before processing future tax returns.
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When should you file an IRS 14039 form?
Individuals should file the IRS 14039 form if they receive a notice from the IRS indicating a potential issue of identity theft or if they believe someone has filed a tax return using their Social Security number. Other circumstances include experiencing IRS delays in processing tax returns or receiving a letter from the IRS that additional taxes are owed for a year you did not file a return. It is also advised to file this form if informed by another agency or financial institution about potential fraud carried out in your name.
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How can you submit the IRS 14039 form?
The form can be submitted online through the IRS website, a convenient option for many taxpayers.
It can also be mailed to the IRS, using the address provided on the form itself, for those preferring a paper trail.
Faxing the form to the number specified by the IRS is another option for submission.
Make sure to follow the instructions carefully when submitting the form to ensure it is processed without delay.
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What information do you need to provide on the IRS 14039 form?
When filling out the IRS 14039 form, you will be required to provide detailed information to help the IRS identify and resolve the potential identity theft issue. This information includes your full name, Social Security Number (or Individual Taxpayer Identification Number), date of birth, and mailing address. Additionally, you will need to describe the nature of the identity theft issue, provide any case numbers if you have them (from a police report or other), and possibly attach additional documentation that supports your claim of identity theft.
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Is there a deadline for filing the IRS 14039 form?
No specific deadline exists for filing the IRS 14039 form, as situations of identity theft may be discovered at different times by individuals. However, it is crucial to file the form as soon as you suspect or become aware of identity theft to protect your fiscal identity and ensure your tax records remain accurate. Prompt action can also assist the IRS in taking the necessary steps to prevent further unauthorized activities on your account.
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What happens after you file the IRS 14039 form?
After you file the IRS 14039 form, the IRS will review the information provided. They may contact you for additional information or documentation to verify your identity. Once your identity is verified and the issue is resolved, the IRS will place an identity theft indicator on your tax account to prevent future instances of fraud. You will also receive written confirmation from the IRS acknowledging the receipt of your affidavit and detailing any next steps. It's important to maintain all records related to the identity theft and your correspondence with the IRS.
Common mistakes
Filling out the IRS 14039 form, also known as the Identity Theft Affidavit, can be tricky. People often make a few common mistakes during the process. Recognizing and avoiding these errors can make the process smoother and help ensure your issue is addressed efficiently.
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Not checking the correct reason for filing the form. The 14039 form has several boxes that you can check to indicate why you're submitting it. Many times, individuals hastily check off a box without fully understanding what it means. It's crucial to read each option carefully and choose the one that accurately reflects your situation.
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Omitting necessary personal information. The form requires detailed personal information, including your social security number, name, and contact details. Often, people leave out crucial pieces of information or enter them incorrectly. Ensuring that all your personal details are accurately filled in is essential for the processing of your form.
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Forgetting to sign and date the form. It might seem like a small oversight, but forgetting to sign and date your form can lead to significant delays. The IRS needs your signature to verify your identity and proceed with your case. Always check that you've signed and dated the form before sending it off.
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Ignoring the filing instructions. The IRS provides specific instructions on where and how to file your 14039 form. These instructions are often overlooked, leading to forms being sent to the wrong address or via an incorrect method. Paying close attention to these details can prevent unnecessary delays.
By being mindful of these errors and taking the time to review your form carefully before submission, you're on the right track to rectifying your identity theft issue with the IRS.
Documents used along the form
When someone's identity is believed to have been used fraudulently to file taxes, the IRS 14039 form, or Identity Theft Affidavit, is crucial. However, this is often not the only document you might need to address the situation or safeguard your identity. Several other forms and documents could be necessary for complete resolution and protection. Here's a list of some of those important forms and documents often used together with the IRS 14039 form.
- IRS Form 1040: This is the standard federal income tax form people use to report their annual income. If your identity was used to falsely file taxes, you might need to submit a correct and genuine Form 1040.
- Social Security Earnings Statement: This document shows your yearly earnings according to the Social Security Administration. If someone else has used your Social Security number for employment, this statement can help identify discrepancies in your reported income.
- FTC Identity Theft Report: A comprehensive report created through the Federal Trade Commission, it officially documents an identity theft case. This report is essential for removing fraudulent information from your credit report and for resolving related issues.
- Police Report: Filing a report with your local police station provides an official record of the identity theft. It can be used in conjunction with the IRS 14039 form to lend credence to your claim.
- Credit Report: Obtaining a report from the three major credit bureaus (Equifax, TransUnion, and Experian) is key to finding any unauthorized accounts or transactions in your name. Regular monitoring helps in reporting and removing fraudulent activities quickly.
- Proof of Identity Documents: A copy of your driver's license, state ID, or passport might be required to accompany the IRS 14039 form. These documents help verify your identity as part of the recovery process.
These documents play a pivotal role alongside the IRS 14039 form in addressing and rectifying the consequences of identity theft. Gathering and submitting them as needed can expedite the resolution process, helping restore your financial sanity and protect your future from further fraudulent activities.
Similar forms
FTC Identity Theft Affidavit - The Federal Trade Commission (FTC) Identity Theft Affidavit is used by victims of identity theft to report the details of their situation, similar to how the IRS 14039 form is for taxpayers to report identity theft that affects their tax records. Both forms help in establishing the victim's claim of identity theft.
Form SS-5, Application for a Social Security Card - While Form SS-5 is used to apply for a new or replacement Social Security card, it's similar to the IRS 14039 in that it requires verification of identity, which is also a significant component of the 14039 form when identity theft is suspected.
Form 8822, Change of Address - Form 8822 is used to notify the IRS of a change in address. This is similar to the IRS 14039 form in that it deals with personal information that, if incorrectly recorded due to identity theft, could lead to complications with the IRS.
Form 1040, U.S. Individual Income Tax Return - The Form 1040 is the standard federal income tax form used to report an individual's income. It's similar to the IRS 14039 in that providing accurate personal information and resolving any identity theft issues are crucial to ensuring the information on the 1040 is correct and that the taxpayer's filings are not compromised.
Form W-7, Application for IRS Individual Taxpayer Identification Number - This form is used by individuals who are not eligible for a Social Security number to apply for a Taxpayer Identification Number (TIN). It is similar to the IRS 14039 in that both forms are essential for tax-related identity verification processes.
Form 2848, Power of Attorney and Declaration of Representative - Form 2848 allows taxpayers to authorize an individual, such as an attorney or accountant, to represent them before the IRS. Like the IRS 14039, it is tied to the taxpayer’s identity and safeguards against unauthorized representation, similarly to how the 14039 aims to protect against tax identity theft.
Fraud Alert Request to Credit Bureaus - While not an IRS form, requesting a fraud alert with credit bureaus is a step towards protecting one's identity, similar to filing form 14039 with the IRS. Both actions are responses to identity theft and seek to prevent further misuse of personal information.
Equifax, TransUnion, Experian Security Freeze Request - Placing a security freeze on one's credit report with these bureaus prevents new credit being opened in your name. This is akin to the IRS 14039 form’s function to alert the IRS about unauthorized use of your social security number for tax purposes.
Form 4506-T, Request for Transcript of Tax Return - This form requests a transcript of a tax return, which might be needed after resolving issues of identity theft reported on the IRS 14039 form. Both are steps in managing and rectifying issues related to one's tax records.
Dos and Don'ts
Filling out the IRS 14039 form, known as the Identity Theft Affidavit, requires attention to detail and accuracy. This form is crucial for individuals who need to inform the IRS about potential identity theft affecting their tax records. Here is a list of dos and don’ts to help ensure the process is smooth and effective:
- Do gather all necessary information before starting the form, including your Social Security Number (SSN), tax year(s) affected, and any incident details.
- Do double-check your information for accuracy to avoid any delays in processing your affidavit.
- Do sign and date the form. An unsigned form will not be processed.
- Do use the IRS’s secure fax number or the address provided in the form instructions to submit it. Ensuring secure transmission is crucial for protecting your personal information.
- Do keep a copy of the completed form and any other correspondence with the IRS for your records.
- Don’t use the form unless you’re certain your tax record has been compromised. If you’re unsure, contact the IRS for guidance first.
- Don’t provide incomplete information. If certain sections of the form do not apply to your situation, explicitly state "N/A" to indicate this.
- Don’t forget to report any fraudulent transactions or unauthorized filings related to your identity theft to the proper authorities, in addition to the IRS.
- Don’t delay in submitting the form after discovering a potential issue. Timely action is essential in limiting the damage and resolving the situation as quickly as possible.
Misconceptions
The IRS 14039 form, known officially as the Identity Theft Affidavit, plays a critical role in protecting individuals against the ramifications of identity theft, particularly in relation to their tax records. Given its importance, it's crucial to understand what the form is and what it is not. There are several misconceptions surrounding this form. Let's debunk some of the most common misunderstandings.
The IRS 14039 form is only for individuals who have had their refund stolen. This is a misconception. While one common use of the form is to report the fraudulent use of one's Social Security number to obtain a tax refund, its purpose is broader. It is also used to report cases where one's identity has been compromised in a way that could affect their tax records, even if there has been no fraudulent tax return filed.
Filing Form 14039 will immediately resolve the issue of identity theft. Filing this form is a crucial step in alerting the IRS to the issue, but it does not instantly resolve the problem. The IRS needs to investigate the matter, which can take time. The affected individual may also need to take additional actions, such as contacting credit bureaus and other financial institutions.
This form is only necessary if you are certain your identity has been used for tax fraud. Actually, it's advisable to submit Form 14039 if you suspect or have reason to believe your identity has been compromised in relation to your tax records, even if you have not yet become a victim of tax-related identity theft. Early action can prevent potential misuse of your information.
Form 14039 is a long and complicated document to fill out. While dealing with identity theft is undoubtedly stressful, the IRS has designed Form 14039 to be as straightforward as possible. It asks for essential information about the taxpayer and the nature of the identity theft, guidance is provided for completing the form, and assistance is available from the IRS if needed.
Once you file Form 14039, you do not need to worry about protecting your identity in the future. Filing this form is an important step in dealing with tax-related identity theft, but individuals should also adopt measures to protect their identity moving forward. This includes monitoring credit reports, safeguarding personal information, and being vigilant about sharing sensitive information online or over the phone.
The IRS 14039 form can be submitted online. Currently, the form needs to be printed and mailed or faxed to the IRS, as there is no option to submit it online. This process ensures the secure handling of sensitive personal information, though it may be seen as an inconvenience by some individuals expecting an electronic submission process.
Understanding what the IRS 14039 form is—and what it is not—can help individuals take more informed steps towards protecting themselves against identity theft. It's an essential tool in the communication between taxpayers and the IRS when such unfortunate situations arise.
Key takeaways
Filling out and using the IRS Form 14039, Identity Theft Affidavit, can be a crucial step in dealing with the aftermath of identity theft and protecting one's financial and personal information. Here are ten key takeaways to keep in mind when dealing with this form:
- Understand the purpose: The IRS Form 14039 is used to alert the IRS if someone has used your social security number or individual taxpayer identification number to file a tax return fraudulently.
- Know when to use it: You should fill out this form if you suspect you are a victim of tax-related identity theft or the IRS notifies you that it suspects fraudulent activity using your identity.
- Accuracy is crucial: Fill out the form with accurate and current information to ensure the IRS can assist you effectively.
- Attach documentation: If the IRS has not already contacted you about suspected fraud, attach a copy of your police report, FTC Identity Theft affidavit, or a statement explaining why these documents are not available.
- Specify the tax year affected: Clearly indicate the tax year(s) you believe were impacted by the identity theft.
- Joint filing considerations: If you are filling out this form because of issues with a joint tax return, both individuals must sign and date the form.
- Keep records: After submitting the form to the IRS, keep a copy for your records, along with any correspondence from the IRS regarding the matter.
- Electronic vs. mail submission: As of the last update, the IRS allows the Form 14039 to be submitted either by mail or, for faster processing, through electronic submission if certain conditions are met.
- Patience is necessary: The IRS processes these forms as part of a system aimed at protecting your tax records, and resolution can take time. Be prepared for the process to take several months.
- Contact for updates: If you do not receive a response or resolution from the IRS within 120 days, reach out for an update on your case.
Addressing identity theft is challenging, but taking the correct steps, like filling out the IRS Form 14039, can help secure your financial identity and alleviate some of the stress and complications associated with this form of theft.
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