IRS flagged more than 1 million tax returns for identity fraud in 2023 (2024)

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The IRS flagged more than 1 million tax returns for potential identity theft during the 2023 tax season, according to the U.S. Department of the Treasury, signaling that such fraud continues to be a pervasive problem for taxpayers.

Tax-related identity theft occurs when criminals use a taxpayer's personal information to file a return in their name to claim their federal tax refund.

The IRS identified nearly 1.1 million tax returns as potentially fraudulent as of March 2, according to a Treasury report issued to the public Tuesday that analyzed data partway through the filing season. The associated refunds were worth about $6.3 billion.

The IRS had confirmed 12,617 of the tax returns were fraudulent as of the same date in March, Treasury reported. That figure is up from 9,626 tax returns at the same time in 2022.

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Tax-related identity theft has been a problem since about 2004-05, and it "only got worse" since then, said Nina Olson, executive director and founder of the Center for Taxpayer Rights.

"It went from being a one-off [thief] ripping off someone's Social Security number to a whole scheme and organized crime," Olson said.

Identity theft was the most prevalent type of fraud that consumers reported to the Federal Trade Commission in 2022. A report issued Wednesday by the Identity Theft Resource Center found that identity crime declined in 2022, but only marginally from the all-time high hit in 2021.

The IRS increased the number of filters it uses to identify potentially fraudulent tax returns since the 2022 tax season. The agency used 236 filters during the recent tax season, compared with 168 filters last year, Treasury said.

IRS flagged more than 1 million tax returns for identity fraud in 2023 (1)

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Tax returns identified as fraudulent by these IRS filters are held during processing until the IRS can verify the taxpayer's identity.

"They're trying to crack down ... to make sure you're [the one] actually filing," said Dan Herron, a certified public accountant and certified financial planner based in San Luis Obispo, California.

Sometimes, the system inadvertently catches returns that aren't fraudulent, though.

One of Herron's new clients had been filing a paper tax return every year with a different accountant but filed an electronic return in 2023. The client received an IRS notice in the mail saying that the return had been flagged for fraud. The client had to contact the agency to verify their identity — delaying the issuance of a tax refund by several weeks, Herron said.

"It's not a perfect system, but it's going in the right direction," Herron, founder of Elemental Wealth Advisors, said of the IRS systems.

How to protect yourself from tax-related identity theft

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Taxpayers may not know they're the victim of tax-related identity theft until they try to file a return online and learn that a return was already filed using their Social Security number. The IRS may also send a letter saying it identified a suspicious return using your SSN, for example, among other telltale signs.

Taxpayers can still claim a refund if this happens. But they'll have to take additional steps to prove their identity to the IRS, and their refund will likely be delayed as a result.

Perhaps the best way for taxpayers to prevent identity theft is to request an Identity Protection Personal Identification Number (IP PIN) directly from the IRS, Olson said.

The IP PIN is a six-digit number assigned to eligible taxpayers at the start of each filing season. It's known only to the taxpayer and, once issued, is needed when filing a tax return as an authentication measure.

A tax return filed by a scammer without the associated IP PIN would not be processed, Olson said. She recommends taxpayers who want an IP PIN request one in the latter part of the calendar year, ahead of the tax season, and that they keep it handy.

The IRS issued 802,449 total IP PINs to taxpayers as of March 4, according to the Treasury's report.

Taxpayers can also reduce their risk by trying to file a return early in the tax season, experts said. The IRS also recommends several online security measures tied to computers and mobile phones, digital passwords, multifactor authentication and avoiding suspicious e-mail links or attachments.

The IRS also never initiates contact with taxpayers by e-mail, text or social media to request personal or financial information, and never calls to threaten lawsuits or arrest, the agency said.

What to do if you're a victim of tax ID theft

The IRS recommends victims of tax-related identity theft take a few important steps:

  • Complete IRS Form 14039, Identity Theft Affidavit, if your e-file return is rejected because of a duplicate filing using your Social Security number. Continue to pay your taxes and file your tax return, even if it must be by paper. Attach the identity theft form to your paper return.
  • Respond immediately to any IRS notice.
  • File a complaint with the FTC at identitytheft.gov.
  • Contact one of the three major credit bureaus (Equifax, Experian or TransUnion) to place a fraud alert on your credit records.
  • Close any financial or credit accounts opened by thieves.
IRS flagged more than 1 million tax returns for identity fraud in 2023 (2024)

FAQs

Why was my refund flagged for identity theft? ›

When a thief steals someone's Social Security number, they can use it to file a fraudulent tax return. This is tax-related identity theft. The IRS scans tax returns for possible fraud. If a tax return is flagged as suspicious, the agency will pull it for more review.

How far back can the IRS investigate tax fraud? ›

How far back can the IRS go to audit my return? Generally, the IRS can include returns filed within the last three years in an audit. If we identify a substantial error, we may add additional years.

What does it mean when it says to protect you from identity theft your tax return is currently being reviewed? ›

What this notice is about. We received a federal income tax return, Form 1040-series, filed under your Social Security number (SSN) or individual tax identification number (ITIN). To protect you from identity theft, we need you to verify your identity and the tax return so we can continue processing it.

How do I know if my tax return has been flagged? ›

Taxpayers whose tax returns have been flagged for possible identity theft should receive one of the following letters: Letter 5071C, Potential Identity Theft during Original Processing with Online Option – Provides online and phone options and is issued most widely.

How long does it take IRS to investigate identity theft? ›

Due to the complexity of the situation, this is a time-consuming process. Taxpayers are likely to see their refunds delayed for an extended period of time while we take the necessary actions to resolve the matter. A typical case can take about 180 days to resolve, and the IRS is working to reduce that time period.

Why would the IRS flag my tax return? ›

Too many deductions taken are the most common self-employed audit red flags. The IRS will examine whether you are running a legitimate business and making a profit or just making a bit of money from your hobby. Be sure to keep receipts and document all expenses as it can make things a bit ore awkward if you don't.

What is the IRS statute of limitations for fraud? ›

The normal 3-year statute of limitations does not apply if civil fraud can be sustained. If fraud is established, there is no statute of limitation for civil assessments, IRC § 6501(c)(1) and (2). The criminal statute of limitations is usually 6 years from the time the offense was committed (5 years in some cases).

How many years can the IRS go back for back taxes? ›

In general, the Internal Revenue Service (IRS) has 10 years to collect unpaid tax debt. After that, the debt is wiped clean from its books and the IRS writes it off. This is called the 10 Year Statute of Limitations.

What kind of fraud does the IRS investigate? ›

Public corruption investigations encompass a wide variety of criminal offenses including bribery, extortion, embezzlement, illegal kickbacks, entitlement and subsidy fraud, bank fraud, tax fraud, and money laundering.

What triggers the IRS letter 5071C? ›

The IRS may send these identify fraud letters to taxpayers:

Letter 5071C, Potential Identity Theft with Online Option: This tells the taxpayer to use an online tool to verify their identity and tax return information. If the taxpayer didn't file, they can let the IRS know with the online tool.

How long does it take for the IRS to approve a refund after identity verification? ›

After you verify your identity and tax return information using this service, it may take up to nine weeks to complete the processing of the return. Visit Where's My Refund? or use the IRS2Go mobile app 2-3 weeks after using this service to check your refund status.

How do I resolve identity theft to the IRS? ›

If you believe someone may have used your SSN fraudulently, please notify IRS immediately by responding to the name and number printed on the notice or letter. You will need to fill out the IRS Identity Theft Affidavit, Form 14039.

What raises red flags with the IRS? ›

Not reporting all of your income is an easy-to-avoid red flag that can lead to an audit. Taking excessive business tax deductions and mixing business and personal expenses can lead to an audit. The IRS mostly audits tax returns of those earning more than $200,000 and corporations with more than $10 million in assets.

How long does it take for the IRS to flag you? ›

Some IRS audits require you or your representative to meet with an agent in-person, at an IRS office. Office audits are usually initiated within one year of when you file your federal tax return and can take roughly 3-6 months to complete. The process goes something like this: Receive a notice from the IRS.

How much money gets flagged to IRS? ›

Depositing a big amount of cash that is $10,000 or more means your bank or credit union will report it to the federal government. The $10,000 threshold was created as part of the Bank Secrecy Act, passed by Congress in 1970, and adjusted with the Patriot Act in 2002.

Can identity theft affect my tax refund? ›

Identity theft can affect your tax records if someone else reports wages using your SSN or uses it to obtain a fraudulent tax refund.

What if my tax return is rejected identity theft? ›

Seven recovery steps for tax-identity theft victims

Submit an Identity Theft Affidavit using IRS Form 14039. Continue to file your tax return. If your electronic submission is rejected, use a paper form and attach the Identity Theft Affidavit. Respond promptly to IRS correspondence regarding the fraud.

What is the identity theft flag on my credit report? ›

You can place an initial fraud alert on your credit report if you believe you are, or are about to become, a victim of fraud or identity theft. Credit reporting companies will keep that alert on your file for one year. After one year, the initial fraud alert will expire and be removed.

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