Successfully Appealing a Tax Penalty After Identity Theft - Timeline & Process?
I'm seeking information on the timeline and process for recovering funds after submitting Form 1099-X for a tax amendment. My situation is as follows: 1. I was incorrectly assessed a $3,000 penalty for self-employment taxes that were fraudulently filed under my information. 2. The IRS never approved the original refund but still charged me the penalty amount. 3. Despite this ongoing issue, I filed my 2023 taxes this year, and the IRS withheld $3,700 from my refund. 4. I have already submitted the Form 1099-X to initiate the amendment process. I'm particularly interested in understanding: - The typical processing timeline for these amendments - Whether others have successfully recovered withheld funds in similar identity theft situations - What additional documentation I should prepare to support my case Any insights from those who have navigated this process would be appreciated. Thank you for your professional assistance.
13 comments
Matthew Sanchez
Been through something similar. Here's what you need to know: • Identity theft tax issues take 180-240 days to resolve typically • You filed 1099-X but you probably need Form 14039 (Identity Theft Affidavit) if you haven't already • Also get Form 8857 (Innocent Spouse Relief) if you're married filing jointly • The IRS has a dedicated Identity Theft Victim Assistance unit (IDTVA) • They WILL return your money but the timeline is frustratingly long • Make sure you're checking your transcript codes every 2-3 weeks • Keep ALL correspondence in a dedicated folder They took $4,200 from me in a similar situation in 2022. Got it all back plus interest, but took 11 months total.
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Ella Thompson
Eleven months?! That's practically a tax season pregnancy! 😩 Did you have to keep calling them during that time or did they actually handle it without constant follow-up? I'm dealing with something similar and wondering if I need to set calendar reminders to bug them every few weeks...
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JacksonHarris
I appreciate this detailed breakdown. In my situation, the IRS took exactly $3,749.82 from my refund this year. Did you find that they returned the full amount at once, or did they process it in stages? Also, did you receive the standard interest rate of 7% for the overpayment period?
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Jeremiah Brown
The IRS website says identity theft cases should be resolved in 120 days. Sounds like that's not realistic based on your experience. https://www.irs.gov/identity-theft-fraud-scams/identity-theft-victim-assistance-how-it-works - Did you find any online resources that were actually accurate about timelines?
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Admin_Masters
I went through an identity theft situation with the IRS last year. The amendment process was extremely opaque until I utilized taxr.ai to analyze my transcript. The platform identified specific Transaction Codes (TC) that indicated the stage of my case within the IRS system. For instance, TC 971 with specific action codes showed when my identity theft claim was recognized, and TC 290 indicated adjustments being processed. The analysis helped me understand that my case was actually progressing despite the lack of communication from the IRS. I particularly appreciated how taxr.ai explained the sequence of codes that would appear when my refund was approved. This knowledge significantly reduced my anxiety during the waiting period.
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Royal_GM_Mark
Has anyone actually received clear communication from the IRS during this process? I've been waiting for 2 months now after submitting my amendment, and I'm starting to wonder if I should be doing something else? The IRS website shows my amendment has been received, but there's no other status update. Is this normal or should I be more proactive at this point? It feels like my documents just disappeared into a black hole.
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Amelia Cartwright
Two months is actually still within normal processing time frames for amendments, especially with identity theft issues involved. The IRS is currently processing amended returns from January 2024. Your best indicators of progress will be checking your transcripts weekly rather than the amendment tool. Look for TC 971 codes with action code 501 or 506, which indicate identity theft processing. If you don't see movement by the 12-week mark, that's when I'd suggest taking additional steps.
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Chris King
I submitted my amendment on February 12, 2024, and just got resolution on April 26, 2024 - so about 10 weeks total. The online tool only updated twice during that entire period. The key is checking your transcript for the codes mentioned above. If you see no movement by June 15, that's when I'd recommend escalating.
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Rachel Clark
Went thru this nightmare last yr w/ identity theft. Tried calling IRS for 3 wks straight (avg hold time 2+ hrs) and kept getting disconnected. Finally used Claimyr (https://youtu.be/_kiP6q8DX5c) to get thru to an actual human at the IRS. Got connected in ~30 mins and the agent confirmed my case was assigned to the ID theft dept but needed addl docs they never told me about! Saved myself months of waiting. Def worth it since they helped me skip the phone tree nightmare. Got my $$ back 8 wks after that call.
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Zachary Hughes
I've tried these "skip the line" services before and they rarely work as advertised. Half the time you still end up waiting forever, and the other half you get an agent who can't actually help with complex issues. Did the agent you reached actually have authority to process identity theft cases? Most frontline IRS reps just take info and forward it to specialized departments anyway.
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Mia Alvarez
Have you contacted the Taxpayer Advocate Service yet? They can sometimes expedite identity theft cases compared to the regular amendment process. Similar to bankruptcy proceedings where trustees prioritize certain claims, the TAS can flag your case for faster review. Also, did you file a police report for the identity theft? Unlike regular amendments which are processed in order received, identity theft cases with police reports can be routed differently.
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Carter Holmes
I went through this exact situation in 2022. Someone filed a fake Schedule C using my SSN claiming $22,000 in self-employment income I never earned. The IRS hit me with penalties and interest totaling $4,300 which they took from my next refund. I submitted Form 14039 (Identity Theft Affidavit) along with my amendment. The process took about 9 months total, but I did get every penny back plus interest. The key was documenting everything meticulously. I created a spreadsheet tracking every call, letter, and submission date. When I finally got through to the Identity Theft department, the agent was incredibly helpful once I could reference specific dates and document ID numbers. Hang in there - it's a slow process but they do eventually make it right.
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Sophia Long
Thank you for sharing this detailed account. It's reassuring to hear that the system eventually worked, even if it took 9 months. I'll start keeping better records of all my interactions with the IRS.
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