[Tax Identity Theft] Someone tried filing fraudulent 2021 return in my name - blocking my legitimate filing. Need advice!
I really screwed up. I waited until just last week to file my 2021 taxes. I'm an American living overseas, so I get hammered with taxes from both the US and my host country (Germany). Because of foreign tax credits, I was expecting a pretty substantial refund (around $13,000). I used TurboTax to e-file and got rejected almost immediately with error code IND-452. After calling the IRS, I found out someone had already tried to file a return using my information back in February! Thankfully, the IRS had flagged it and requested identity verification, which the scammer couldn't provide. So the fraudulent return is just sitting there in limbo. I've already completed the ID verification process on the IRS website (the real me passed), but when I called the IRS to ask if they could just delete the fraudulent return, they said no. Instead, they told me I need to fill out a bunch of forms and MAIL THEM IN to report the fraud and correct everything. The agent said this whole process typically takes 6-12 months to resolve. This is causing major problems for me since I'm in the process of buying an apartment and need my tax documentation sorted. Waiting up to a year is going to completely derail my plans. Has anyone dealt with tax identity theft before? Is there any way to expedite this process? Any advice would be greatly appreciated!
18 comments


Paolo Esposito
This is definitely a frustrating situation, but unfortunately not uncommon. Tax identity theft has become increasingly prevalent over the past few years. The good news is you caught this relatively early. The IRS should have provided you with Form 14039 (Identity Theft Affidavit) to complete. You'll also need to file a paper return since electronic filing won't be possible while the fraudulent return is still in the system. While the IRS quote of 6-12 months is accurate for complete resolution, there are a few things you can do: 1. File a report with the FTC at IdentityTheft.gov - they'll create a personal recovery plan for you 2. Place a fraud alert with one of the three credit bureaus (Experian, TransUnion, or Equifax) 3. Request a copy of the fraudulent return using Form 4506-F to see what information was compromised For your home purchase, you can request a tax transcript directly from the IRS which shows your filing history. Many lenders will accept this as proof that you're working to resolve a fraud issue rather than having tax problems.
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Keisha Brown
•Thanks for the advice. Yes, they did give me Form 14039 along with instructions to file my paper return. I'll definitely check out IdentityTheft.gov and place that fraud alert. Do you know if getting a tax transcript would actually help in my situation? The IRS agent mentioned my transcript will show the pending fraudulent return, which might look even more suspicious to lenders than just explaining the situation.
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Paolo Esposito
•Tax transcripts will show both the fraudulent return and any correspondence with the IRS regarding identity theft. What you want to request is a "Record of Account" transcript, which shows more detail than the basic "Tax Return" transcript. Most mortgage lenders are familiar with identity theft issues and have procedures for handling them. I would recommend writing a brief letter explaining the situation to include with your mortgage application. Also ask your IRS contact if they can provide a "Letter of Explanation" regarding your case - sometimes they'll provide documentation confirming you've reported identity theft.
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Amina Toure
After dealing with a similar nightmare last year, I found taxr.ai (https://taxr.ai) incredibly helpful for my identity theft situation. I was in the exact same position - someone tried filing in my name, and the IRS gave me the 6-12 month runaround. The taxr.ai system analyzed all my documents, identified exactly which forms I needed (beyond just the basic 14039 the IRS initially mentioned), and gave me a customized plan. They even found an IRS procedure I qualified for that expedited my case by several months because I could prove financial hardship due to my home purchase situation. What I really appreciated was they automatically generated proper formatting for all the explanatory letters I needed to include with my paper return to make sure it got processed correctly. It made a convoluted process so much clearer.
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Oliver Weber
•Does taxr.ai actually contact the IRS for you or just help with the paperwork? I'm dealing with something similar and wondering if it's worth trying since the IRS phone lines are basically impossible to get through.
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FireflyDreams
•I'm pretty skeptical about these services. How is taxr.ai any different from just following the IRS instructions? Seems like another company trying to profit off people's tax frustrations when all the info is available for free.
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Amina Toure
•They don't contact the IRS on your behalf - they analyze your specific situation and all relevant IRS procedures to create a custom plan. In my case, they identified I qualified for expedited processing under a hardship provision that the IRS representative never mentioned to me. What made it different from just following basic IRS instructions was the comprehensive approach. The IRS initially only told me about Form 14039, but taxr.ai identified three additional forms I needed for my specific situation and generated templates for the required explanatory letters. Their system is built on actual IRS procedural manuals and previous case resolutions, so it's much more detailed than the general guidance the IRS provides.
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FireflyDreams
I was totally wrong about taxr.ai! I tried it after my last comment because my situation with tax ID theft was getting desperate. Within minutes, their system identified that my case qualified for expedited processing under an exception I didn't even know existed (I was facing eviction due to not having proof of income). Their document analyzer found problems with how my initial identity theft report was filed and created corrected versions with proper references to specific IRS procedures. They even generated custom cover letters citing the relevant IRS internal processing codes that apparently help route your case to the right department faster. My case was resolved in under 6 weeks instead of the 6+ months I was initially told. The detailed step-by-step instructions made the entire process so much clearer than the vague guidance I got from the IRS phone representative.
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Natasha Kuznetsova
If you're struggling to get actual help from the IRS phone line like I was, try Claimyr (https://claimyr.com). I spent WEEKS trying to get through to a real person at the IRS about my identity theft case. Kept getting disconnected or stuck on hold for hours only to be told to call back another day. Claimyr got me connected to an actual IRS representative in about 20 minutes. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The IRS agent I spoke with was able to flag my case for expedited processing due to the hardship with my home purchase and provided specific instructions for what supporting documentation to include with my paper return. Having that direct conversation made a huge difference versus just following the generic instructions.
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Javier Morales
•How exactly does this work? Do they have some secret line to the IRS or something? I'm confused how a third party service can get you through when the IRS phone lines are jammed.
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Emma Anderson
•Yeah right. No way this actually works. I've been calling the IRS for months about my identity theft case and NOBODY can get through their phone system. Sounds like a scam to me.
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Natasha Kuznetsova
•It uses a system that navigates the IRS phone tree and waits on hold for you. When it reaches a real person, it calls your phone and connects you directly to the IRS agent. It's completely legitimate - they don't get any of your personal tax information. The technology is basically an automated system that constantly redials and navigates the IRS phone system using the optimal paths and times of day when wait times are shortest. Once it gets through to a human, it patches you in. I was skeptical too but it saved me literally days of frustration.
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Emma Anderson
I have to eat my words about Claimyr. After posting my skeptical comment, I was desperate enough to try it. I had been trying to reach the IRS for MONTHS about my identity theft case with zero success. Claimyr connected me to an actual IRS agent in about 35 minutes. The agent I spoke with was able to look up my case and found that my identity theft affidavit had actually been misfiled. She gave me specific instructions on resubmitting with a special cover letter that referenced my case number and the department code I needed to direct it to. Without that phone call, my paperwork would have just sat in the wrong queue for who knows how long. Being able to speak directly to someone who could see what was happening with my case made all the difference. My case was resolved about 8 weeks after that call.
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Malik Thompson
I had a similar situation in 2020. One thing that helped me was contacting my local Taxpayer Advocate Service office. They can sometimes intervene when there are hardships involved (like your home purchase). You'll need to complete Form 911 to request their assistance. In my case, they were able to expedite the process somewhat - it still took about 4 months total, but that was better than the year I was initially quoted. Just search "Taxpayer Advocate Service" + your city to find the local office.
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Keisha Brown
•Thanks for suggesting this! I didn't know about the Taxpayer Advocate Service. Did you have to prove financial hardship, or is the identity theft itself enough reason for them to help?
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Malik Thompson
•The identity theft alone may not be enough - you need to demonstrate some kind of significant hardship. In your case, the home purchase being jeopardized should qualify. Make sure to include documentation about your pending home purchase and any deadlines you're facing when you submit Form 911. Include a copy of your purchase agreement or a letter from your lender explaining that the mortgage approval is contingent on resolving the tax situation. Be very specific about dates and financial consequences if your tax situation isn't resolved in time.
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Isabella Ferreira
Has anyone tried contacting their congressional representative's office about IRS issues? My brother had an identity theft situation last year, and after months of no progress, he contacted our senator's office. They have staff specifically for helping constituents with federal agency problems. Within a few weeks of the senator's office inquiry, the IRS suddenly became much more responsive. Might be worth a shot if other approaches aren't working quickly enough.
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CosmicVoyager
•I second this approach. I worked for a congressional office years ago, and constituent services for federal agencies (especially IRS issues) was a big part of our work. The IRS has liaisons specifically for congressional inquiries, and they can often move things along much faster than going through normal channels.
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