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Responding to Tax Identity Theft

Tax identity theft delays your refund and creates paperwork. The fix is Form 14039 plus an IP PIN for future years.

Herman Viglione, EA
Written by
Herman Viglione, EA
Updated July 6, 2026
30-day response window

IRS notices have short response windows. Call the office today if your deadline is close.

How you find out

Most people discover tax identity theft one of three ways: their e-filed return rejects because a return already exists under their SSN, an IRS letter arrives about a return or refund they never filed, or a 5071C identity verification letter shows up asking them to confirm a suspicious filing. Each of those is the same underlying event seen from a different angle: someone used your number.

What to do immediately

File Form 14039 Identity Theft Affidavit. Continue filing your return via paper with the affidavit attached. Report to FTC at IdentityTheft.gov and place a fraud alert with credit bureaus. Your real return still counts as filed on time when mailed by the deadline, even though processing will be slow.

The 5071C letter is a different animal

A 5071C means the IRS caught a suspicious return before processing it and wants you to verify your identity online or by phone before anything moves. If the flagged return is yours, verification releases it. If it isn't, saying so starts the identity theft process without needing to chase a refund that already went out the door. Respond promptly either way; the return sits frozen until you do.

Have a specific situation?
Call the office and a human answers.

The IP PIN, your lock on the account

An Identity Protection PIN is a six-digit code, issued annually, that must accompany any e-filed return under your SSN; without it, fraudulent returns bounce. Confirmed identity theft victims are enrolled automatically, and anyone can opt in voluntarily through the IRS online account. Once you're in the program, guard the annual PIN like a password; your preparer needs it every filing season.

The timeline

IRS identity theft resolution takes 180+ days currently. Your legitimate refund arrives when processing completes. Future-year filings with IP PIN usually proceed normally. Request an IP PIN for all future years as part of the cleanup, and keep copies of every letter in the case file; duplicate requests for documents you already sent are common.

Common questions

How does tax identity theft happen?
Usually a compromised SSN from a data breach. Someone files early using your info to claim a fraudulent refund.
What is a 5071C letter?
An identity verification request. The IRS flagged a return under your SSN as suspicious and won't process it until you verify online or by phone. It's the system working, not a penalty.
Will I still get my refund?
Yes. Once the IRS confirms which return is genuinely yours, your refund is released with the case. The wait is the penalty; the money itself isn't lost.
Should my spouse get an IP PIN too?
Yes. Each taxpayer enrolls separately, and a joint return is only as protected as the least-protected SSN on it.

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